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THE MULLAPERIYAR INTER-BASIN WATER TRANSFER, WATER CONFLICTS, AND DAM SAFETY

Ajith D

Introduction The Mullaperiyar Controversy: The Story so Far The Way Forward
Since the late 1970s, the safety of Mullaperiyar dam has The Mullaperiyar dam, located
in Kerala’s Idukki district on

been the epicenter of a controversy between the two the Periyar river basin.
The construction of a new dam that
South Indian neighbouring states of Kerala and Tamil The British built it to divert water to the water-scarce
Nadu. The Poster accordingly looks at the issue of dam
incorporates modern technological
agricultural lands of TN.
safety as it has considerable potential to lead to designs
As per the contract, Kerala was entitled to receive a lease
acrimonious conflicts that can destabilise the federal decommissioning of the old dam,
amount of Rs 40,000 per annum
structure. and removal of the debris without
In 1959, Tamil Nadu started to generate power using the
interfering with the local ecology
dam-waters without prior consent from Kerala.
Need for a Dam Safety Law
in 1961, there were questions regarding the safety of the
A few legal issue Mullaperiyar dam after there were floods in the region

1998, the Tamil Nadu government wanted to raise the

Tamil Nadu is a Lessee. height of the water level, but Kerala opposed it.
Mullaperiyar is an Intra-State River In 2006, the Supreme Court allowed Tamil Nadu to raise
The Inequitable Colonial and Subsequent the water level
Agreements are Violative of articles 14 and 39 (b)
of the Constitution
Exclusion of Kerala from the Management of the Results and Discussions
Mullaperiyar Dam violates Articles 14, 21 and the It must be emphasised that the people of
Spirit of Co-operative Federalism Tamil Nadu and Kerala share a common
Mullaperiyar is not a Precedent that should Dravidian heritage, and are intrinsically linked Acknowledment
influence future River-Linking Projects in social, cultural, and economical matters,
Puthucherril, Tony George. "The Mullaperiyar Inter-Basin Water
Understanding the Role of Courts in Dam Safety and therefore it is in their best interests that Transfer, Water Conflicts, and Dam Safety." LAWS GOVERNING
The Principle of Precaution is the Cornerstone the waters at the Mullaperiyar are utilised in a INTER-STATE & INTERNATIONAL WATER DISPUTES,
NATIONAL UNIVERSITY OF JURIDICIAL SCIENCES, Edited by
manner that provides the most benefits to the
Jurisprudential Principle for Dam Safety Prof. Ishwar Bhat et. al (2012).
greatest number of people in both the states.

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