Critically analyse key features of proposal for enactment of Dam Safety Bill – 2018. (150 W/ 10 M)

Source:

http://pib.nic.in/newsite/PrintRelease.aspx?relid=179939

Model Answer:

  • There are more than 5200 big dams in India and about 450 dams are being constructed. In addition, there are medium and tens of thousands of dams. Due to lack of legal and institutional arrangements for dam protection in India, the dam safety issue is a matter of concern. Unprotected dams are hazardous and their breakdown can cause disaster and result in large-scale loss of life and property. In order to provide legal arrangements for the dam safety, union cabinet recently approved Dam Safety Bill, 2018 to be tabled in the parliament.

Key Propositions:

  • The Bill provides for constitution of a National Committee on Dam Safetywhich shall evolve dam safety policies and recommend necessary regulations as may be required for the purpose.
  • This provides for the establishment of National Dam Safety Authorityas a regulatory bodywhich shall maintain a national level database of all dams in the country and the records of major dam failures. It will also examine the cause of any major dam failure;
  • NDSA will also look into unresolved points of issue between two states.
  • The Bill also provides for constitution of a State Committee on Dam Safety by State Government.
  • The Bill provides for proper monitoring, inspection, operation and maintenance of specified dams in the country so that their safe work can be ensured.
  • The bill will address all the issues concerning dam safety including regular inspection of dams, Emergency Action Plan, comprehensive dam safety review, adequate repair and maintenance funds for dam safety, Instrumentation and Safety Manuals.
  • It lays responsibility of dam safety on the dam owner and provides for penal provisions for commission and omission of certain acts.
  • State Committee on Dam Safety will ensure proper surveillance, inspection, operation and maintenance of all specified dams in that State and ensure their safe functioning.

Benefits:

  • It will help all the States and UTs to adopt uniform dam safety procedures which shall ensure safety of dams and safeguard benefits from such dams.
  • This shall also help in safeguarding human life, livestock and property.
  • The bill provides for a regulatory body to regulate the dams across the country.
  • The bill makes the owner of the dam responsible for any damage or loss, which will further help in ensuring proper implementation and safety.
  • It looks to solve the unresolved points between two states regarding dams. A case in point is the Mullaperiyar dam in Kerala, which is a perennial flashpoint between the State and neighbouring Tamil Nadu.

Criticism:

  • States are criticising the bill contending that it is the state government’s duty to ensure safety of dams and the people.
  • Many experts have also criticised the bill since the matter comes under the State List and therefore how a proposed agency in Delhi could oversee the safety of a dam in Tamil Nadu or Maharashtra. It goes against the idea of constructive federalism.
  • States are complaining about the provisions of National Dam Safety Authority to inspect the dams situated across intra-State rivers, even when they were being operated and maintained by the respective State governments.
  • Every State already had a designated body for dam safety, which was functioning in line with the guidelines of the Central Water Commission.

The bill aims to help all States and Union Territories to adopt uniform dam safety procedures which will ensure safety of dams and safeguard benefits from such dams. In order to iron out the differences and issues in the bill, central government should take the state governments into consideration and hold talks with all the stakeholders. This will go a long way in ensuring the safety of dams in India, which ranks third in the world in terms of number of large dams.

 

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