DAM SAFETY ACT, 2021

WHY IN THE NEWS?

 Recently, Dam Safety Act was passed by both houses of Parliament. The act provides for the surveillance, inspection, operation, and maintenance of all specified dams across the country.

HISTORICAL BACKGROUND

• In 1979, the Machu dam collapsed in Gujarat made a huge loss of lives. Consequently, the dam owners set up their own respective dam safety organizations and devised protocols for ensuring the dam’s safety.
• Dam owners can be
• State government.
• Two or more state governments if the dam is present in a state, but operated by a different state. It is because the dam might be constructedbefore the reorganization of state borders to meet the needs of people.
• For instance, the Mullaperiyar dam in Kerala state is operated by the Tamil Nadu government. Therefore, the responsibility lies with the two states.
• Public sector enterprises- multi-purpose projects constructed by public sector enterprises like Damodar valley corporation.

SIGNIFICANCE OF DAMS

• Hydro-Power generation- Dams artificial barriers on rivers that store water, power generation, and water supply.
• Socio-economic Development- Harnessing the river water for agricultural purposes and other basic human needs.
• Mitigate the calamities- Dams help in moderating the disasters like floods and droughts faced by a large population of the world.
• Other benefits- Dams and Reservoirs also provide advantages for Industrial use, Inland Navigation, etc.

WHY SAFETY OF DAMS ARE IMPORTANT?

• Failure of dams-Since 1979, there were 42 instances of dam failure exposing a shame on the nation.
• Huge number- India is the third largest dam-owning country after China and US in the world.
• Ageing of dams- India is having around 5745 large dams where over 80% of these dams are more than 25 years old and about 227 dams are more than 100 years old. Most of these large dams are in Maharashtra, Madhya Pradesh, and Gujarat.
• Unwarranted dam failures- It means the huge flow of sudden floods may cause the entire failure of dams due to their poor maintenance.

Recently, The Annamayya project on the Cheyyeru river has turned out to be sorrowful in the Kadapa district of Andhra Pradesh after a flash flood in the region.

• Devastating impact- As a large amount of water may be stored in a dam’s reservoir, its failure can cause large-scale damage to life and property. Therefore, monitoring dam safety is essential. 

DAM SAFETY ACT, 2021

Provisions

• The act provides for the surveillance, inspection, operation, and maintenance of all larger dams across the country.
• Larger dams- Dams with heights more than 15 meters, or heights between 10 metersto 15 meters with certain design and structural conditions would also be included.
• Constitution of new institutional structures at the National level and state level.
• Two national level bodies:
• National Committee on Dam Safety- It is a supervisory body and its functions include evolving uniform dam safety policies, protocols, and procedures and recommending regulations regarding dam safety standards.
• National Dam Safety Authority- A regulatory body for ensuring nationwide implementation of the dam safety policies and standards. It acts as an executory body.
• Two state-level bodies:
• State Committee on Dam Safety, and State Dam Safety Organization- These bodies will be responsible for the surveillance, inspection, and monitoring of the operation and maintenance of dams within their jurisdiction.
• The supervision of two state-level bodies lies with National level bodies.
• National-level bodies also provide technical assistance to State Dam Safety Organizations (SDSOs) of different states and resolve matters between SDSOs of states or between an SDSO and any dam owner in that state.
• Compulsion on dam Owners-
• Dam owners will be responsible for the safe construction, operation, maintenance, and supervision of a dam.
• They must provide a dam safety unit in each dam. This unit will inspect the dams:
• Before and after the monsoon season
• During and after every earthquake, flood, calamity, or any sign of distress.
• Functions of dam owners include:
• Preparing an emergency action plan
• Carrying out risk assessment studies at specified regular intervals
• Preparing a comprehensive dam safety evaluation through a panel of experts.
• Dam owners are required to provide resources for timely repair and maintenance of dam structures and types of machinery.
• Penal provisions- If the dam owner is not abiding by the rules, standards, and guidelines set up by National level authorities, then they are liable for penalty or imprisonment or both for the same.

STATUS OF EARLIER PROVISIONS

• Since the period of Rajiv Gandhi in 1987 onwards, the dam safety bill is in the process of pipeline.

• The Central Dam Safety Organization, under the Central Water Commission (CWC), provides technical assistance to dam owners and maintains data on dams during the period.
• The earlier composition of the National committee on dam Safety includes the Chairman of the Central Water Commission, Members from the Central government (10 numbers), and members from the State government 7 numbers).
• Lack of proper coordination between center and state.

Earlier, the CWC monitored and issued guidelines for the state government. However, there were no specific regulations and compulsions to follow these guidelines given by the center to the states.

• The state’s respective organization reports to the Central Water Commission during pre-monsoon and post-monsoon.
• CWC advises the state-level bodies to maintain their proper functioning during times of natural disasters such as flash floods, urban floods, torrential rainfall, etc.

MERITS OF DAM SAFETY ACT 2021

1. Regular Inspections-Earlier, the states were not allowing outside inspection due to their vested interests. But now, the constituted bodies could conduct inspections and surveillance.

For e.g.: The Mulla Periyar dam issue between Tamil Nadu and Kerala state.

2. Classification of Dams-Dams are classified on the basis of the level of hazards.

3. Emergency action plan- The act helps the committees in devising an emergency action plan that is to be followed without any dilemmas.

4. Addressing climate change issues- The bodies would study the climate change aspects such as torrential rainfall, and flash floods and devise protocols according to the same.

UNION GOVERNMENT’S STAND

• The Centre has brought the legislation under Article 246 of the Constitution with Entry 56 and Entry 97 of the Union list.

• Article 246 empowers the parliament to legislate on any matter enumerated in the Union List in the Seventh Schedule of the Constitution.

• Union list.
• Entry 56 of the Union List allows Parliament to make laws on the regulation of inter-state rivers and river valleys if it declares such regulation to be expedient in the public interest.
• The act declares it expedient in the public interest for the Union to regulate a uniform dam safety procedure for all specified dams in the country.

• Entry 97 Residuary powers- If the subject is not clearly mentioned in any three lists, those subjects are placed under the residuary list and the parliament is authorized to legislate on that subject.

• Central government categorizes the construction and maintenance of dams under the residuary list.
• How the central government arbitrarily considers the construction and maintenance of dams under the residuary list?

• Rising apprehensions – The central government’s intervention raises various apprehensions among state governments. However, the central government is arguing that the allocation and release of water matters are still under the purview of tribunal awards.

ASSOCIATED CHALLENGES

1. Against federalism

• Water being the state subject under Entry 17, of the seventh schedule of the constitution. As per Entry 17 of the State List, states can make laws on water supply, irrigation and canals, drainage and embankments, water storage, and water power.

• However, it is unclear how Parliament would have the jurisdiction to frame a law for dams on rivers where the river and its valley are entirely within a state.

• So, the apprehensions from state governments whether the central government would manage the larger dams by highlighting the safety concerns.

2. Trust deficit

• Arbitrarily considering the construction and maintenance of dams under the residuary list create a lack of substantiation and it infringes on the rights of the states.

3. Centralized tendency

• The functions of the National Committee on Dam Safety, the National Dam Safety Authority, and the State Committee on Dam Safety are listed in the schedules and can be amended by the Union government through a notification.

• The question is whether the core functions of authorities should be amended by the government through a notification or such amendments should be passed by law.

• This provision allows the central government to control all the specified dams, their operations, and maintenance in the name of safety.

WAYFORWARD

1. Stakeholder consultation- Holistic approach by considering the experts from all the concerned areas should be involved.

2. Environmental safety- Ecological sensitivity should be taken into consideration.

3. Local factors- While ensuring uniformity, local factors such as geographical and climatic differences should also be considered.

CONCLUSION

The need of the hour is to bridge the trust deficit by proper deliberations and discussions with the state governments and strengthen the principles of cooperative federalism enshrined in the constitution in both letter and spirit.

PRACTICE QUESTION

Discuss the pros and cons of Dam safety Act 2021.Do you think it will promote co-operative Federalism?

(150 Words,10 Marks)