The Dam Safety Bill, 2019, has been recently passed by the Parliament to oversee the surveillance, inspection, operation, and maintenance of all specified dams across the country. The legislation introduces several key provisions that aim to ensure the highest safety standards in dam construction and management.
National Committee on Dam Safety
As per the bill, a National Committee on Dam Safety will be established, chaired by the Chairperson of the Central Water Commission. This committee will be tasked with formulating policies and regulations related to dam safety standards and preventing dam failures. It will also be responsible for studying the causes of major dam failures and suggesting necessary changes in dam safety practices.
National Dam Safety Authority
The legislation proposes the formation of a National Dam Safety Authority (NDSA) headed by an officer of the rank of an Additional Secretary or higher, appointed by the central government. The NDSA’s main tasks include implementing the policies set by the National Committee on Dam Safety, mediating issues between State Dam Safety Organisations or between a State Dam Safety Organisation and a dam owner in that state, and setting regulations for dam inspection and investigation. The NDSA will also accredit agencies involved in dam construction, design and alteration.
State Dam Safety Organisation
The proposed legislation calls for the constitution of a State Dam Safety Organisation as well. This body will be required to maintain constant surveillance, inspect, monitor the operation and maintenance of dams, keep a database of all dams, and recommend safety measures to dam owners.
Obligations of Dam Owners
Owners of specified dams will now be required to establish a dam safety unit at each dam. This safety unit will conduct inspections before and after the monsoon season, and during and after any earthquake, flood or other calamity. Dam owners will also be obliged to prepare an emergency action plan, carry out risk assessment studies at regular intervals and conduct a comprehensive safety evaluation through a panel of experts.
Punishment Provisions
The Dam Safety Bill, 2019, provides for two types of offences: obstructing a person in the discharge of their duties and refusing to comply with directions under the proposed law. Offenders may face imprisonment of up to one year, a fine, or both. If the offence results in loss of life, the term of imprisonment can extend up to two years. However, offences will only be cognisable if the complaint is made by the government or any authority constituted under the bill.
Need for Dam Safety Legislation
India, being the third-largest dam-owning country with 5,745 reservoirs, of which 293 are over a century old, faces several challenges related to dam safety, many of which are due to aging. Over time, dams’ design, hydrology, and other aspects do not remain compatible with the latest understandings and practices. Additionally, huge siltation reduces the water holding capacity of dams. Other issues include dependency on individual dam managers, neglect of critical factors like landscape, land use change, rainfall patterns and structural features in dam safety, and failures leading to significant loss of life and economic damage.
Significance of the Bill
The government aims to bring uniformity in the procedures followed by all dam owners for large dams. The bill introduces strict guidelines that should not be interpreted as undermining the state’s authority over water, which is a state subject. Instead, these regulations will ensure the safety, quality and security of dams nationwide.
Concerns Raised
Despite its potential advantages, the Dam Safety Bill, 2019, has raised significant concerns. Critics argue that it allows the Central Water Commission to audit its projects, creating a conflict of interest. Additionally, the bill does not address compensation for those affected by dam projects. Some critics also believe it infringes on states’ rights and the federal structure.
Constitutional Validity of the Bill
While water falls under the state list, the Centre has justified the legislation under Article 246 of the Constitution, read with Entry 56 and Entry 97 of the Union list. Entry 56 allows the Parliament to regulate inter-state rivers and river valleys if it deems it necessary in public interest. Article 246 empowers the Parliament to legislate on any matter listed in List I of the Union list. Entry 97 permits the Parliament to legislate on other matters not included in Lists II or III, including taxes not mentioned in either list.
Futuristic Approach
Taking into consideration external factors such as changing climate and other environmental aspects is crucial for dam safety. Strengthening state irrigation departments and the Central Water Commission could further aid this cause. Inspections by respective state governments and preventive mechanisms against dam failures are essential for protecting lives. Local factors, like climate and catchment areas, should also be taken into account to ensure uniformity across dams. With these cautious steps forward, dam safety can be assured while balancing both ecological concerns and water requirements.
