THANJAVUR: Farmer associations and Tamil nationalist organisations have flayed the Centre's move to bring the Cauvery Water Management Authority (CWMA) under the Union Ministry of Water Resources. They alleged it would nullify the residual autonomy of the authority, adversely affecting the rights of Tamil Nadu over Cauvery water.
P Maniyarasan, coordinator, Cauvery Rights Retrieval Committee (CRRC) and president, Tamil Desiya Periyakkam, said such powers being given to to the Centre have been accelerated by the BJP-led government using the COVID-19 crisis as a shield. In the name of amending the Allocation of Business rules, CWMA has been made an entity under the direct control of the Union ministry. To enable this direct control, other changes have also been made. Entry No. 32 in the rules, which is now omitted, referred to the Inter-State Water Disputes Act, 1956. This meant the responsibility to implement the act was vested with the ministry.
However, it also stated the responsibility should be in consonance with provisions of the 1956 Act.
Now, the CWMA is added under Entry No. 33, which is for the River Board Act, 1956. Moreover adding Entry 7A, to the rules, which states 'conservation, development, management and abatement of pollution of rivers', takes away silently the rights of the respective States over the rivers. The notification of forming CWMA based on the Supreme Court order clearly pointed out the authority would be a corporate body having perpetual succession and a common seal and shall sue and be sued.
The Union government had the right to nominate a chairperson, two permanent members and also a secretary, who does not have voting power. One such authority was established, it could decide its own agenda and function with autonomy. With the insertion of Entry 33E, the autonomy of the authority is compromised. As Entry No. 32 would have circumscribed such violation, it was omitted. The new order says the amendment was issued under the powers conferred by Clause (3) of Article 77 of the Constitution. However, there were no powers to overstep the orders of the Supreme Court. The notification of these rules by the Centre is tantamount to subverting the constitutional provisions. Hence, the Union government should immediately withdraw these amendments, Maniyarasan said.
Appoint new chairperson for CWMA
PR Pandian, general secretary, Tamizhaga Cauvery Vivasayigal Sangam, criticised the move to bring the CWMA under the direct control of the Ministry of Water Resources. He said this surreptitious Act by the Union government is to abet the Karnataka government's intransigent attitude in releasing Cauvery water due to Tamil Nadu as per the Supreme Court order. He also pointed out there has been no CWMA chairperson for over a year and wanted immediate appointment of a permanent chairperson. The leader of the association called upon the President of India to intervene to stop this attempt to subvert the working of CWMA.
'Against Tamils' interest'
KKR Lenin, founder and president of the Movement Against Destruction said the Union government's action was against the interests of the Tamil people.
Claiming that bringing CWMA under the Union ministry is against the law and constitutional provisions, he called upon the Centre to withdraw the amendments.
"Otherwise, the people of Tamil Nadu would rise against the Union Government," he said. He also called upon Chief Minister Edappadi K Palaniswami to convene the Cabinet and pass a resolution demanding the Union government withdraw the amendments.
S Sambandham, a farmer-leader said, "We, underprivileged and less-informed farmers do not even know if the decision to annex the CWMA under a new Ministry is favourable or not. But, it should not be done without consulting farmer's across the country after elaborating us. It is wrong to proceed without it."
'Cauvery' V Dhanabalan, a farmer-leader said, "CWMA should always remain independent to decide about water management and water sharing. Annexing them under Jal Sakthi Ministry is an injustice to decades-long struggle. It is wrong to make any decisions at the moment during the lockdown as we cannot even protest.
We will hoist black flags and might have to break the lockdown to protest."