“No state is justified in opposing unilateral action of other in utilizing waters if such action neither causes nor threatens any appreciable injury to the former State. For when water crosses two or more territories in succession each of the States concerned possesses the right of sovereignty and ownership over the section flowing through its territory.

  1. Indian constitution lays downs vide Article 262 that the Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of or in, any INTER STATE RIVER or river valley.” None of the Punjab rivers are interstate rivers, hence even the Indian Parliament cannot make a taw to control or distribute the Punjab rivers. Already a precedent exists when Rajasthan a no riparian state was disallowed the use of Narmada waters in 1974 by the water tribunal appointed by Government of India.
  2. Rajasthan and Haryana are both Ron riparian states as none of the Punjab Rivers i.e. Ravi, Sutlej or Beas passes through their territory nor do they form Basin of Punjab Rivers. Haryana, whose chief river is Yamuna is a part of Ganga Yamuna basin and Rajasthan is outside the basin or valley of Punjab rivers as per the definition of a basin laid down by the 1958 Conference of International law Association, which States..

“A drainage basin is an area within the territories of two or more states in which all the streams of flowing surface water, both natural and artificial, drain a common water-shed terminating in a common outlet either to the sea or to a lake or to some _ inland place from which there is no apparent outlet to a sea.”

Both Haryana and Rajasthan therefore, Cannot claim to be riparian states and they fall outside the basin or valley of Punjab Rivers.

PUNJAB STAND ON RIVER WATER :

  1. Punjab stand on the issue of water and Hydle power, therefore is that Sutlej, Beas and Ravi are Punjab Rivers and other states such as Rajasthan, Haryana and Delhi, are non-reparian states. As such, it is the constitutional right of Punjab alone, to the exclusion of the Centre, Rajasthan or Haryana, to use, develop and control, and also to legislate about waters, energy and projects of these three rivers.

Since independence, all central actions schemes regarding irrigation and Hydel projects in the Punjab have been evolved in violation of Entry 17 of State list 11 of the Seventh schedule of the Indian Constitution. Already there are precedents and rulings of the Narmada River tribunal that the non reparian States have no right to the waters of a riparian State.

Therefore, Sections 78 to 80 of the Punjab Re-organisation Act of 1966 are discriminatory, unconstitutional and major encroachments upon the fundamental rights of Punjab, because under it the Centre has assumed powers to control, develop, maintain and administer the multipurpose projects of Baakhra Nangal, the Beas river project and the old and new Head works etc. on the three Punjab rivers as well as to a portion the waters and energy of the three Punjab rivers and even of the benefits from future projects like the Thein Dam that may be undertaken in regard to them.

  1. It is under the cover of these powers that the Centre has under Section 78 vide its award of 1976 (Notification of 24th March, 1976, Gazette of India, Part !| Section, Sub-section (ii), _and the agreement of 31st December 1981 given 76% of the water, worth the computerized value of Rs. 36,000 crores at 1956 rates, and energy of the Punjab rivers Ravi and Beas to the non-riparian States of Rajasthan, Haryana and Delhi, and only 24%, of these waters -and energy are left with the riparian Punjab. The major portion (about 70%) of the waters of Sutlej had already been illegally allotted to Rajasthan, Haryana and Delhi under the Bhakra Nangal Project. The issue, therefore, relates to the fundamental territorial rights of Punjab which have been brutally destroyed by the Government of India. These Constitutional matters cannot be decided by a Tribunal which has limited powers.
  2. Today, Punjab and the Sikhs are awake to their fundamental rights. They want these constitutional issues to be decided by the Supreme Court of India. Under Article 246 (3) read with entry 17 and Articles 162 & 14), the sovereignty over River waters is determined. any surplus water if available may be 9’ven to other States on the same basis as Oil, from and coal are obtained from them. Punjab has no other natural resources such as oil; iron and coal except water, which is being illegally distributed to other states free of cost. Sikh farmers of Punjab suspect that Government of India is scheming to convert Punjab ‘into a wasteland, to break the backbone of Sikhs and convert Rajasthan and Haryana into green fields. This cannot be allowed to happen under any circumstances as PUNJAB suffers the loss of not only Rs. 36,000 crores but also that of energy and agricultural and industrial production to the tune of Rs. 10,000 crores per annum. This would naturally jeopardise the entire economic future of PUNJAB and particularly of SIKHS for all generations to come.”

Water needs of the Punjab

  1. At the time of partition of India in 1947, the PUNJAB was divided into EAST Punjab (India) and WEST PUNJAB (Pakistan). The Sikhs had to leave behind millions of acres of fertile well-developed and canal irrigated land in West Punjab. In East Punjab only 30% of land was irrigated by the canals, remainder was barren. Majority of the Punjabis, bulk of whom were SIKH farmers, migrated from West Punjab and settled down in East Punjab. Haryana or Rajasthan were hardly affected by the partition. The undivided Punjab had 170 MAF of river waters out of which West Punjab Rivers had 133 MAF i.e. approximately 80% and East Punjab only 32 MAF. The cultural area in Punjab at present stands at 10.5 Million acres, including 2. 0 Million acres of irrigated area and 3.5 Million acres of inadequately irrigated area. This needs 52.5 MAF of water at a conservative estimate and is supported by the White paper issued by the Congress Government of Punjab. By the end of the century the water requirement of Punjab will increase by another 10.5 M.A.F. The total availability of water from the three Punjab Rivers is only 32. M.A.F therefore 3.5 Million acres said to be irrigated by canals are in name only. The scale of water allowance per acre is too inadequate to meet the requirements of multiple cropping. As adequate water is not available from the rivers, many a canal cannot be run perennially or are given inadequate water supply. ‘tis therefore obvious that there is no justification for riparian Punjab to part with water for use by the non-riparian states, when it is not enough for its own needs.

Cropping Pattern

Water required for double cropping

  1. The culture-able area of Punjab is approximately 10.5 million acres. Working on the expert’s yardstick of 5 to 6 acre feet of water per acre for successful double cropping, The Punjab, water requirement therefore is 52.5 M.A.F. The yard-stick laid down by Government of India’s experts assessing water needs of Rajasthan from Punjab Rivers is 5.5 acre feet of water per acre. Against the requirement of 52.5 M.A.F. of water, the Punjab Rivers have only 32 M.A.F. of water. Therefore, Punjab farmer has to either leave large acreage un-cultivated or depend upon tube wells.

Cropping Pattern

  1. Punjab now contributes 10 million grains i.e. 70% of the total to the Central pool after meeting its own needs. This is largely due to the system of multiple cropping, especially the rotation of wheat and paddy crops, which needs higher dosage of fertilizers and water. The area under wheat and paddy cultivation has increased from 6.3 million acres to 10 Million acres in the last 10 years. Paddy cultivation alone has gone up by 10 times since 1947. Rice, wheat, vegetables all needs intensive irrigation. As land for agriculture is limited, this is the only way to produce more grains for the country. Punjab’s prosperity depends on this factor. At present Punjab’s multiple cropping has increased from about 10% in 1947 to 80% in 1980-81 and will increase to 100% by the end of the century provided irrigation is assured. So the Punjab need for water is very acute.

Tube well water—over extraction of sub-soil water

  1. Canal water being already inadequate, the farmers have been forced to sink tube wells in order to supplement canal water. As per item 10 of Annexure of the Punjab Government White Paper on the subject, underground extractable water potential is only 3 M.A.F. This is because comparatively Punjab has shallow strata of sub-soil water. Punjab’s 0.6 million tube-wells are extracting 12 M.A.F. water at present, therefore, the water level has gone down from 8 to 10 feet in 1960 to 40 to 50 feet in 1982, and the water level is further falling down rapidly. The Punjab farmer has to increase the length of the pipe to lower his tube well to reach the sub-soil water, every second or third year which costs them heavily in capital investment besides progressively increasing the running cost. The loss of Sub-soil water may be further aggravated by the lining of the canals, which will stop the existing percolation of water. Unless this excessive extraction of sub-soil water to the tune of 9 M. A.F annually is stopped, numerous tube-wells will dry up and convert Punjab into an arid desert. On the other hand Rajasthan has vast resources of under-ground water which are being conserved for future exploitation. Moreover, there are certain areas in Punjab where water is brackish and tube wells are unsuccessful hence the peasants have to mainly depend on canal waters. Tube-well cultivation is, therefore, un-economical and un-reliable.

Cost of Irrigation—Canal V/s. Tube wells.

  1. The per acre capital cost of tube well irrigation is Rs. 1200. The interest of this amount alone comes to Rs. 120/-each year. There is no capital cost of canal irrigation to the farmer. The running cost of Tube-well on electricity is three times the cost of canal irrigation. Tube wells run on diesel are 12 times more expensive than canal irrigation. Due to non-availability of canal irrigation, the Punjab farmers were running 2.8 lac electric tube-wells and 33 lakhs diesel tube-wells in 1981. Net result is that out of a total irrigated area of 8.5 million acres, 60%, is irrigated by tube-wells and 40°, by canals. Therefore whereas the surplus water in Punjab rivers?
  2. Allocation of River Water by the Indian Government.

In 1947, Punjab State used 9.00 M.A.F water and Rajasthan used 1.275 through Ganga Canal, which left 21.725 M.A.F. water unused. In 1954, Punjab used 15.325 M.A. F water and Haryana area (though net constituted as a state) used 5.00 M. A. F. and Rajasthan share was stepped up from 1.275 M.A.F. to 1.40 M,A.F. in 1955, PUNJAB share was determined at 7.325 but Rajasthan share was further stepped up to 9.40 MAF, an increase of 8 M.A.F. This was a hastily made allotment purely for the consumption of World Bank team visiting India. In 1976/ 81, Haryana’s share was increased by 3.5 M.A.F. bringing it to a total of 8.50 M.A.F. Rajasthan share remained at 9.40 M.A.F. Delhi was allotted 0.2 M.A.F. By 1982 the share of water as allocated by the Central Government was as under:

  1. i) PUNJAB 625
  2. ii) HARYANA 08 (including Jamuna share of water)

iii) RAJASTHAN                                    -10.675

  1. iv) DELHI 2

                   Total                                 -37.850

Net result is that present Punjab before partition in 1947, was using 9. MA. F. of its waters, today its total allotment stands at 12.625 MAF, whereas non-riparian states of Haryana and Rajasthan have been allotted 14.08 and 10.675 respectively. Thus the riparian Punjab got only 16.7% of waters and non-riparian states were allotted 83.3% of Punjab waters. It is grossly unjust that Haryana has been allotted 5.58 MAF of Jamuna_ water,

whereas Delhi is getting 0.2 MAF water from Punjab rivers 300 kilometers away instead of getting water from Jamuna which flows through Delhi town. To legally regularize this discriminatory distribution of waters Mrs, Gandhi bullied the Punjab Chief Minister into signing an agreement in 1981, in which he was forced to sign away the rights of Punjab at pistol point, as per his own statement to the press.

How can Punjab develop feelings of patriotism and Nationalism in the light of this gross injustice meted out to the state in the allocation of water and energy of its own rivers ? Surely Sikhs understand and resent discriminations. Sikh psyche is to fight injustices without bothering about the consequences, therefore Sikhs will fight to the finish to’ redress these grave injustices and prefer extinction rather than submit to the Tyranny.

Sikhs Demands

  1. Sikhs therefore want the entire dispute over river waters to be referred to the Supreme Court, so that the Sovereignty over Punjab Rivers is determined once for all as per the Indian Constitution and the law of the land. Appointment of a water Tribunal will not satisfy the Sikhs, and the Sikhs cannot remain idle till they get full justice. Let the legality of sections, 78-80 of Punjab Reorganization Act 1966 be determined by the Supreme Court. Punjab case is strong &sure to win. Thereafter, any surplus water from Punjab rivers, if available, can be given to other states under a time bound agreement after paying due royalty to Punjab as was done by erstwhile Bikaner State (Rajasthan) before \independence. Otherwise the Government of India will be sowing the seeds of disintegration of the country.
  2. The Sikh case is based on the following points:

(a) Since 1966 the Government of India has illegally usurped the state powers to legislate, control, use and distributes energy and water from Punjab Rivers, in order to give unfair advantage to the no riparian States of Haryana, Delhi and Rajasthan.

(b) Earlier Bhakra Control Board was a non-statutory Board of the Punjab Government dealing with Punjab rives. Now, the Board has been made into a statutory Board under the Control of Government of India whose members are appointed by the Central Government. The Punjab has only one member on the Board. The Board will also control the completed BEAS projects and any future extensions of Punjab River projects. This Board has already wrongly allowed 1.9 MAF water to Haryana against its share of 0.9 MAF from BEAS project: allowed Haryana to construct S.Y.L. Canal and have increased the flow of water to non-riparian Rajasthan at the cost of Punjab.

(c) Reference of water dispute to a Tribunal is not acceptable to the Sikhs for the following reasons.

(i) Punjab rivers are not inter-State rivers; hence a Tribunal will have no jurisdiction to decide the dispute.

(ii) Since the issue involved being constitutional Validity of Section 78- 80 of Punjab Reorganization Act 1966, a Tribunal is not competent to go into the issue at all.

(iii) An issue referred to Tribunal debars any appeal to the Supreme Court.

(iv) The question is not that of distribution of water only but also the Central Government’s unconstitutional encroachment on Punjab’s right to Control, use, legislate and plan future expansion of its river waters and hydel energy projects.