Volume 6, No. 7, July 2005

— Amrit

With the Punjab Termination of Water Agreement Act, 2004 unanimously passed by the Punjab Legislative Assembly lately, the issue of waters of Punjab again hotted up on the political scene of India .It is also still smouldering .This act achieved the status of legislation on July 12,2004, on a single day by being put up, passed, and approved by the governor. The Captain Amerinder Singh’s Congress Govt of Punjab put it up all of a sudden. Except for the BSP, all the ruling class vote-grabbing parties, the members of Punjab Legislative Assembly, particularly Akalis and the Punjab unit of BJP, supported it. It is to be remembered that a two-member bench of the Supreme Court, by its decision on June 4, 2004, directed the central government that the pending work of digging up of the Satluj-Yamuna Link Canal in Punjab should be organised by handing it over to some central agency by the 15th July of last year. The Punjab Govt. should hand over the documents of land concerning the link canal to that central agency. It should provide security to the employees and labourers of that agency. This decision has been taken in view of the non–implementation of the supreme court’s decision on 15th January 2002 and after rejecting the Punjab Govt.’s petitions to the Supreme Court for consideration. The Supreme court has even decided that the Punjab Govt. should compensate for the expenditure on the litigation. In such a situation there were two alternatives before the Captain’s Govt. of Punjab — First, to implement this belligerent and wrong decision of the Supreme Court; Second, it should not be implemented, it should be postponed .This Bill is a part of the latter choice.

Had the Captain’s Govt. of Punjab implemented the decision, the peasantry of Punjab already facing an acute problem of water shortage would have badly resented it. The plight of the Congress manifested during the parliamentary elections would have further been affected negatively. The implementation of the decision in this situation would have proved such a bone in the throat of the Congress rulers, as would neither go down the throat, nor come out.

Secondly, the implementation of the decision of the Supreme Court would have provided a fully fertile ground for the Akalis of various hues — the arch rivals of the Congress — to further strengthen their political position and win over the peasantry of Punjab to its side.

Thirdly ,the internal feud in the Congress party would have further aggravated . The Captain’s faction it self would have been isolated in the Punjab Congress. The UPA central governmant led by the Congress would have joined the list of the old Congress governments in the eyes of Punjabi people with a single stroke. The aura of a sikh becoming the prime Minister in the eyes of a section of Punjabi people would have lost its luster, which would have been a bad bargain even for the central Congress rule .In the above situation, the Captain’s govt. of Punjab got the Punjab Termination of Water Agreement Act 2004 passed with the tacit support of a section of Central Congress govt.

With the passage of the Act the issue of the Satluj-Yamuna link canal has once again been further enmeshed into legal tangles. With it, not only has the Punjab govt. been saved from being defamed among the people, but the Punjabi press, a large part of the intellectuals and except from Badal Akali Dal; all the vote-parties, including Akali Dals of various hues, have also started blowing the trumpet of the Captain’s along with the Congrss govt., led by the Captain for the present.

Secondly, this tactic has not only, for the present, snatched an important issue from the Akali Dal, but it has also forced the Akali Dal to support the Captain’s govt. The Captain’s govt. has succeeded in impressing the public that the Congress has performed the feat which the Akali Dal could not do during its rule. Likewise the Akali Dal has changed its tactics a bit. It has started saying that all the agreements on the issue of Punjab waters prior to 1981 should also be scrapped. It has started saying to its allies that it is the conflict on waters between two states. It is not the issue between parties. So they should remain neutral on this issue. Though the Punjab unit of the BJP sides with the Akali Dal, the B.J.P. units of Haryana and Rajasthan indulged in burning buses and trucks in Ambala, Jeend and Hisar. The ex-Chautala govt. of Haryana not only gave a long rope to such elements, but also justified them.

With these tactics the Captain’s govt. of Punjab has succeeded in cornering and mitigating the contradictions which sharpened with the defeat of the Congress in the parliamentary elections and with the changes in the cabinet before and after the elections and also succeeded in creating obstacles for any Congress leader aspiring to supercede the Captain.

Apart from these factors this decision has created a headache for the central Congress rulers in Haryana and Rajasthan. On account of elections in Haryana in Feb. 2005 the Haryana Congress had strongly opposed this act, as they saw in it the scope of a negative impact on their hope to capture power in the elections. Already in distress, the Congress in Rajasthan, like their counter parts in Haryana, have wailed hypocritically before Sonia Gandhi. There was a lot of furore in the last budget session of parliament (2004) on this issue for many days. The BJP argued that the Prime Minister Manmohan Singh was kept in the dark and Sonia Gandhi knew before hand about this legislation to be passed in the Punjab legislative assembly. The question was raised that Sonia should issue a statement ,but Sonia Gandhi kept a conspiratorial silence on this issue. There has also been a promise with the Congress and Chief Minister of Rajasthan about safeguarding the interests of Rajasthan. Somnath Chatterji, the speaker of parliament, gave the clarification that he could not ask Sonia Gandhi to issue a statement on this affair. Sonia Gandhi is the very chairperson of the UPA ruling over the centre. While these dramatic events happened in Delhi, the Central Govt. immediately appealed to the supreme court to issue fresh instructions to tackle the situation created after the passage of the Act in the Punjab Legislative Assembly unanimously. Prime Minister, Dr.Manmohan Singh, made an attempt to pacify the Congressmen and Chief ministers of Haryana and Rajasthan by offering them lollypops of a "stable solution acceptable to all." If this whirlwind had not subsided it was not ruled out that Sonia could put Amerinder at stake. So the central and the State Govt. have been stressing that the verdict of the Supreme Court would be final. This type of position is common to these ruling class parties that seek to freeze the issue and use it when convenient for their electoral games. This tactic is suited to the crisis ridden situation of Haryana and Punjab. Although the judiciary and its highest body the Supreme Court is projected as a neutral institution to dodge the people, yet in reality it is such a ruling class political institution as provides judicial credibility to the political decisions of the section in power. What type of changes the UPA Govt. and Congress govt. of Punjab want to bring about in the former decision —this will be known in the next round of the unfolding of the events, but with these new tactics they have, for the present, succeeded in adjusting the above contradictions and in delaying the implementation of the verdict of the Supreme Court.

Here it is important to discuss the question whether the legislation passed unanimously by the Punjab. Legislative Assembly can provide a permanent solution of the issue of the Punjab. waters. We hold that it can not be so because the issue of the Punjab waters is not only not linked with merely building or not building the Satluj-Yamuna link canal, but is linked, on the one hand, with the distribution of water according to the riparian law, and on the other hand, with the distribution of water on a class basis. The completely correct distribution of canal water on a class basis is not possible until the stranglehold of capitalist-type big landlords and usurers hold on the land is not smashed, and until the rural labourers, the poor, small landholder and middle peasants of Punjab become the architects of their land and fate. The Congress and Akali govts. ruling over the Centre and State for the last 57 years can neither effect the correct distribution of waters according to riparian laws from a true national angle, nor does their ruling class and political interest allow them to do so. Not to speak of the class angle, even the solution according to the riparian law from a nationality angle is not their need. Their need is to exploit the sentiments and interests of the Punjabi and Haryanvi people related to this issue.

So, by flouting their own laws they have always indulged in the politics of unjust distribution in this matter. They have misled the people. Article 5 of the recently passed legislation has provision to continue the portion of water to Haryana and Rajasthan as before, where as according to the riparian law these two states along with Delhi are not riparian states of Punjab. So when we talk of the rights, Punjab has rights to these rivers. So even if the non-riparian states have to use the water of the Punjab rivers, they can use it, but not as a right.

Secondly, it is obvious that the matter of water distribution falls in the jurisdiction of the states. Only the states can frame any law about it. The act passed by the Punjab Legislative Council is also not unconstitutional. All the agreements reached on the water issue during the period gone by, those decisions were taken under the Congress Chief Minister Kairon, Giani Jail Singh, Darbara Singh and the August 85’s Rajiv-Longowal accord, by the Akali Chief Minister Surjeet Singh Barnala with the connivance of Central Congress rulers. In all these agreements, instead of acknowledging the rights of the Punjabi people on the Punjab waters, they have been betraying the interests of the Punjabi nationality by acknowledging Haryana and Rajasthan as riparian states. Through these agreements, the central govts. and the Chief ministers of the govts. of Punjab themselves have been violating the constitutionally approved Acts.

Where as the roots of this betrayal lie in their ruling class character, they lie politically and legally in the articles 78,79,80 of the Punjab Reorganisation Act, 1966. At the time of the formation of Punjab state in 1966 the central Congress rulers acceeded to the demand of a Punjabi state but under the above mentioned articles of the Reorganisation Act,1966 they considered Haryana as a riparian state and brought water, a natural source of Punjab, under the jurisdiction of central rule. They declared the Bhakhra-Bias-Managment Board as an autonomous body and handed over the control of water and electricity head works to it, which works under the central government. The Punjabi people, particularly the peasants, have been tasting the bitterness of all the agreements concerning water made after that. The issue of the Sutluj-Yamuna-Link Canal is one such agreement. The wrong recommendations of the Eradi tribunal are the out come of the same wrong basis.

The agriculture of Punjab including the entire irrigation system linked with agriculture, is in the grip of a serious crisis. According to official statistics the total cultivable land of Punjab is 105-106 lakh acres. Out of the cultivable land 35 lakh acres land is irrigated by canal. 50 lakh acres land is irrigated by tubewells. There are more than 13 lakh tubewells in Punjab. A major part of them are operated by electricity, the rest of them by diesel engines. 20 lakh acres of land is still deprived of any type of irrigation. Out of the total cultivable land in Punjab 70 lakh acres of land is not comm-and land bereft of canal water. For the total cultivable land of Punjab 43.5 M.A.F. water is required. Whereas 34.08 M.A.F. water flows in the rivers of Punjab, if the whole of the fertile land is to be irrigated by canel water, then more water is needed.

Punjab is known as the land of five rivers and is chiefly an agricultural border state. The land of Punjab is counted as one of the most fertile plains of the world, which the Indian rulers praise as the food basket of the country. It is the main source of grain stock of the country. Its main natural resource is its river water, but due to the ruling class policies of the Central and State rulers and due to the agreements so far made, the main dependence of agriculture of Punjab is not on canal water, its natural resource, but on tubewells, which mainly run on eletricity.

Further, its dependence for production on electricity, is chiefly based on thermal plants running on coal rather than on water, its natural resource. Coal is not a product of Punjab, but of Bihar, Jharkhand, etc. Even diesel is a natural resource imported from Arab countries controlled by imperialists, particularly the American imperialists. The Punjabi people have to pay for both these natural resources. On the contrary, the central rulers including the rulers of Haryana and Rajasthan (not the people) exploit this natural capital (resouce)of the Punjabi people freely and on the other hand, Punjab has become a big market for expensive coal and diesel and so a mine for exploitation.

Thirdly, they charge revenue from the people of their states, particularly the peasants and workers, for the drinking and irrigation water supplied, which they get free of cost from Punjab. They even instigate their people aganist the Punjabi people.

Thus, because of the Centre’s anti people, particularly the anti peasants and workers, policies they strike at several targets. One, they exploit the only natural resource of Punjab, water, free of cost; two, they sell coal and diesel at high rates; and three, they sell the electricity produced by coal at high rates to people, particularly peasants and workers. On the contrary, hydro-electric power is far cheaper. Four, they exploit the peasants and workers through electric motors, engines and other equipment. Five, the fall in the water level has generated a big market for agricultural loans.

Due to the continuous exploitation of underground water, the water level in Punjab is continuously falling. In 86 blocks out of 138 blocks of Punjab the water level falls down by one foot every year. If the exploitation of underground water by tubewells continues unhampered,there is every likely hood of all the tubewells of these blocks going dry by 2015. According to an estimate the peasantry of Punjab needs 2000 crore rupees for further digging tubewells during the coming one and a half decades.

On account of the falling water level apart from expenditure on further deepening the wells, the deaths of the earning sons of workers and peasants have become a common phenomen. The death of three workers in Dhudi-ke (Distt. Moga) is a fresh and conspicuous instance of this phenomen. As the supply of canal water has been reduced to half due to lack of rain in Punjab, wells are being deepened. Due to the crisis of electricity, 24.89 lakh hectare land under paddy in Punjab suffered drought in 2004. The crisis of electricity is further aggravated due to the lowering of the level of water in all the three dams. The water level of the Bhakhra Dam in 2004 came down by 107 feet from that of the year 2003. It was 1583 feet in 2003. Then it came down to 1476.00 feet. The water level of Pong Dam came down by 486.89 feet.It was 1775.89 feet in 2003. It came down to1289.00 feet in 2004. The water level of the Thein Dam got lowered by 15 feet. Due to the lowering of the water level in these dams the supply of canal water in Punjab was reduced by half. At this time when the peasantry of Punjab is suffering a serious problem of canal water not reaching the tails, the supply to Haryana and Rajasthan continues unhampered. Despite the legislation 8225 cusec of water is being given to Rajasthan at this time — 7325 cusec water through the Rajasthan canal and 900 cusic through the Sirhind feeder. Likewise, there is no cut on water supply to Haryana. The cut is only on canals of Punjab.

The peasantry of Punjab is engaged in extracting underground water in order to save the paddy crop. The underground water in Punjab is divided in three layers. Formerly the water was available by digging the Earth from 15 to 35 feet from the first layer ranging upto 100 feet. Now the water has sunk deeper. The second layer ranges from 100 to 250 feet. The third layer of water ranges from 300-500 feet. For this layer the landless peasants and middle peasants are finding it a problem to dig wells. Installing a submersible pump at the second layer incurs an expenditure of 1.25 to 1.50 lakh. 75% of the total area of Punjab is suffering from a serious problem of water level going down. Only 28% area is saved from this problem. This problem is affecting not only the agricultural sector but also the pumps extracting drinking water deeply. The multinational companies selling drinking water have entered Punjab known as the land of five rivers. The coming serious water crisis is bound to damage crops. The problem of drought in Punjab is bound to come up in a more serious form. Already facing an agricultural crisis, the peasantry of Punjab, particularly the poor, landless peasants and middle peasants will be further ruined.

This problem has not been created by the peasantry of Punjab to which the rulers and their so called agricultural experts deliver sermons, but due to the warped development of agriculture pushed by the imperialists and their Congress-Akali agents in the name of the green revolution. Due to this, agriculture of Punjab is not based on canal water but tube wells which have destroyed the ground water and soil. Instead of scientific utilization of the land through crop rotation, water-guzzling crops are taken that further deplete the ground water resources. And as the expenses to remove this water rises it is only the big landed elements that can afford the rising costs crushing the smaller farmers. For centuries agricultural production in Punjab faced no problem due to its abundant, year-long flowing river waters, but today it is facing a grave problem of water.

We hold that Haryana is not a riparian state of Punjab. The flow of the Punjab rivers have no link with Haryana. Not even in these rivers does water enter from any part of Haryana. Riparian states are those in which the rivers flow and from those regions water flows in those rivers. Ghaggar has no link with any of the rivers — Satluj, Ravi, Beas of Punjab. Therefore Haryana does not become a riparian state of Punjab. So, due to this Haryana has no right over the river waters of Punjab. The Riparian law which is a well acknowledged doctrine for the settlement of river water disputes at the national and international level does not stand in favour of the Haryana government.

To justify their claim in this dispute the basin theory is also mentioned. This theory is also the second acknowledged theory after the riparian theory by which such disputes are settled. According to it the state whose rivers flow into the same delta or into the sea is considered to be in the same basin. As far as Haryana is concerned, its Ghaggar river ends in Rajasthan. All the rivers of Punjab flow into the Indus river, which are also known as the branches of Indus river which flows into the Arabian sea(see map ) According to this theory even Haryana has no right over the waters of Punjab rivers.

Here it is important to take note that during the dispute on river waters between Pakistan and India, the Indian rulers and the Indian secretary of irrigation Mr. Gulati in their need to claim more water put forward a wrong argument that the Ghaggar river was part of Punjab’s river waters according to the riparian and basin theory. The Haryana rulers have been using this argument to this day, which is quite wrong and baseless, and which should be plainly rejected. This argument should not have been used even while settling the water dispute with Pakistan.

The third argument the Haryana govt. uses to claim its right over water is that at the time of reorganisation of states it was settled that the assets of Punjab would be divided 60:40. Haryana claims to divide waters in this ratio.Haryana talks of waters of only the present Punjab. It is to be remembered that at the time of a joint Punjab 5.6 M.A.F.water was drawn from the Yamuna. Now the whole of it is with Haryana .To claim their right over this water the exploiting rulers of Punjab and their lackey intellectuals project Punjab‘s claim over the water of Yamuna.

We hold that only Haryana has a right over this water. Now with the water of Punjab prior to 1966, in 1961 the area of present Punjab and Haryana got 1.9 M.A.F. water. At the time of division in 1966 Hary-ana again got an equal quantity of water. The next point relates to the 60:40 assets in the Reorganisation Act of 1966. We hold that the division of water lies beyond the purview of the above. The issue of this division comes under the riparian law.

For example, Rajasthan’s claim over river Narmada was rejected. The distribution of river Krishna flowing through Andhra Pardesh and Karnataka was settled on the basis of the acceptance of the two states as riparian states. The Central government also played its role, justifiably so, because these two were riparian states. But by im-plementing the same thing conspiratorially on non-riparian states of Punjab and Haryana in 1966 the Central government established its own right under article 78 of the Reorganisation Act of 1966. It is the violation of the constitution drafted by the Indian rulers themselves. The issue of the distribution of water being under the jurisdiction of the states can be tackled by legislation by the state government and not by the central government. But just the opposite happened in the case of Punjab.Whether it was the agreement of 29 Jan,1955 or of 24 March,1976; whether it was of 31 Dec, 1981 or were the recommendations of the Eradi Tribunal of 30 Jan,1987 – in all of them the central Congress rulers and the Congress or Akali chief ministers of Punjab, Partap Singh Kairon, Giani Zail Singh, Darbara Singh, Surjeet Singh Barnala betrayed the Punjabi people by over-ruling the riparian law. So the rulers of Haryana have been asserting their right over the waters basing on Articles 78-80 of the Punjab Reorganisation Act, whereas these articles in the Act have a wrong basis.

The Rajasthan high court by using these articles issued the verdict of handing over the control of head works of Punjab to the Bhakhra-Beas-Management board within 30 days only to further complicate the matters. The verdict is quite absurd. Rajasthan is neither a riparian state of Punjab, nor has any basis for its claim.

In order to justify its claim over Punjab water Rajasthan has projected the issue of drought in it. The pro-imperialist and semi-feudal policies of the lndian ruling classes and their central and state governments are responsible for this. These policies are responsible for keeping the states like Rajasthan backward out of their class needs. Because of this the drought like situation in these states has become a common phenomenon. The lack of proper distribution and utilization of river waters of Rajasthan is a part of this policy. Apart from river waters, lack of any plan to make sea water fit for drinking by filtering it, or not providing special facilities to the peasantry of Rajasthan to preserve water through various schemes of water-shed management and forestation are aggravating the situation in the State. Under the same policy formerly they made a futile claim over the river Narmada which was rejected. Now through this verdict an unjust claim is imposed over the river waters and their head works of Punjab. The high court of Rajasthan has given the above mentioned verdict at the instance of the BJP government of Rajasthan. Here this aspect has been ignored that already under the water crisis Punjab can also turn into a desert like Rajasthan. There is wisdom in turning a desert into greenery, but it is utter absurdity to turn greenery into a desert.

After this verdict the Captain’s government of Punjab decided to file a special leave petition to challenge the controversial articles 78-80 of the Punjab Reorganisation Act,1966 in the supreme court. When it brought about The Punjab Termination Of Water Agreement Act, 2004 and accorded it the status of legislation , the Captain’s government of Punjab kept silent on these articles. After their victory in the elections in Haryana the Congressmen of Haryana have kept silent on this issue but the Haryana Lok-Dal and BJP government of Rajasthan are in glee at the verdict of the Rajasthan high court. Although the Congress Captain’s government of Punjab has decided to file the special leave petition against articles 78-80 of the Punjab Reorganisatian Act, yet this problem cannot be solved merely by judicial proceedings or commissions. What is required is that the central government take political decision and abrogate these articles of the Punjab Reorganisation Act of 1966. The central government should recognise the right of the Punjabi people over the waters of Punjab. Also the other issue related to Punjab should be resolved with a genuine approach. Neither the central UPA government is ready to take this course, nor any such efforts are visible on the part of the Congress government of Punjab. The Captain’s government of Punjab is certainly taking some legal steps out of compulsion due to the aforesaid factors and to use the above issue of the Punjabi people and the religious sentiments of the sikh-religious minority. Under this very policy they can adopt the tactic of raising the issue of merging the Punjabi speaking areas and Chandigarh into Punjab. On this issue instead of genuineness they are following a policy to use the sentiments of the Punjabi people and to out maneuver their rivals.

What ever hulla-baloo the Congress-Akali rulers, who have passed the fresh legislation in the Punjab legislative assembly, may be raising, until these articles are scrapped, on a political basis, and all agreements ignoring the riparian law are scrapped, neither the central government nor other governments would recognise the right of Punjab over the waters of Punjab nor would any just settlement of the issue of water be effective.

Does abrogating the riparian law and all other agreements mean that water would not at all be supplied to other states? We do not mean it. It means that we should establish the point that the ownership over the rivers belongs to the people of those nationalities through whose states those rivers flow. If the rivers give profit it belongs to those people and if the floods cause damage it also belongs to the people of that nationality. It applies to the people of Haryana as well as to those of Punjab, Rajasthan, Andhra, Bihar, Jharkhand, Assam etc. When the right of the people of Punjab over the water of Punjab, as well as those of related nationalities over the waters flowing through Haryana, Rajasthan, Bihar, Jharkhand, Assam etc. is recognised, the next question arises as to on what basis water should be given to the people of other states or nationalities. For the present, water already going to the neighbouing states should continue, untill a more equitable solution is found.

Thirdly we hold that while giving water to the other states or nationalities the agricultural and drinking water needs of the people of the related nationalities, particularly the poor, the landless peasants and middle peasants should be fulfilled first of all. The conditions of peasants in Punjab is that they are continuously losing land. They do not get the canal water according to their agricultural needs. They are incapable of or are becoming in capable of digging new wells. This section has fewer electricity connections. Neither are the fresh connections available nor can they afford the expenditure of submersible pumps. So we hold that this section of the peasantry should be provided water fulfilling all their agricultural needs, through restricting the huge extraction of ground water by the pro-capitalist landlords and redistributing their large holdings on a just basis. Also systemetic conservation projects and watershed management needs to be adopted to maintain an increase water flow. Out of this, priority should be given to drinking water.

In brief the Captain’s government of Punjab along with the opposite parties Akali Dal and BJP have passed the legislation abrogating the agreement of 31 Dec, 1981. In this way they have postponed the schedule of digging the Satluj-Yamuna link canal decided by the supreme court. But they have not yet completely annulled the self determined basis in order to prevent the digging of the canal on a wrong basis. This issue is more dramatised to gain credit whereas everything is practically going on as before whether the water belongs to Haryana or Rajasthan. So the responsibility lies on the revolutionary democratic forces that :

1 They should make the people conscious against the misleading and divisive tactics of the central and state rulers on the issue of water;

2 They should demand distirbution of water according to riparian laws. They should get the rights of Punjab on its waters acknowledged.

3 They should reject all the former agreements concerning water and expose the criminal role of the Congress-Akali rulers;

4 They should raise the demand to abrogate articles 78-80 of the Punjab Reorganisation Act-1966;

5 They should raise the demand to distribute water on a class basis. They should raise the deamand of completely fulfilling through canal water the agricultural needs of poor, landless peasants and middle peasants of Punjab. They should raise the demand of commanding completely their uncommand lands;

6 They should raise these demand from their independent platforms. They should expose the policies of unjust distribution of water by the vote-parties.

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