By Toki Blah
There is now universal acknowledgement that water or more specifically, fresh drinking water, will probably be the most precious and sought after commodity in the years to come. If control over fossilised oil reserves was one of the main causes of war in the 20th century, the control over a natural resource called water is expected to be the main cause for human conflict and strife in the 21st. The irony of the situation however cannot be lost on any one, anyone that is, who cares to have a look around. The irony is that everyone of us are still treating water as if we have a Divine Right to use, contaminate and pollute it in any way we like. There is this unfounded belief, that no matter what, water will always be there at our beck and call. We fully realise that without water there can be no life yet we still consider nature and the environment as passive, benign, forgiving elements who will turn the other cheek irrespective of the abuse we heap upon them. Well, we might all end up proving just how wrong we can be!
No need to travel far to see what damage, unbridled unregulated human activity has caused the earth and its environment. We simply need to travel a few kilometres into the coal mining areas of the state to see the environmental devastation caused by greed; exploitative livelihoods and opportunistic politics Meghalaya has brought upon itself. Life sustaining rivers like the Kupli, the Mynngot, Wah Blei and the mighty Simsang; water bodies linked by legend and myth to the history, culture and identity of the Jaintias, Khasis and Achiks, now made lifeless and dead. How can we justify this environmental genocide of our land and water bodies in the name of ‘providing livelihoods for some people?’ Can the politicians, the coal lobbyists and the so called saviours of the ‘Jaitbynriew’ say that Meghalaya has no other livelihood options to offer except through the extractive exploitation of its minerals? When these champions of ‘livelihood’ are no more, will their selfish arguments sustain the generations to come? How sincere, serious and honest is this generation about the future of its own children and grandchildren? Questions we need to answer but which we have conveniently passed on to the NGT to answer on our behalf!
One is attracted to a news Headline “Govt to buy land to save catchment areas”( ST April 14, 2015). Our water sources and catchment areas are being systematically destroyed. Springs and rivulets that use to feed crystal clear streams have dried up or are in the process of drying up. Streams and rivers that feed reservoirs for drinking water are either fouled up or silted because of massive unregulated quarrying and mining of sand and boulders. Narrating this ongoing onslaught on the environment is pointless as everyone is aware of the threat it poses. For Shillong especially and its 7,00,000 odd citizens, the threat to the Greater Shillong Water supply Scheme is clear, evident and obvious. The same for other urban areas of the state. If our drinking water sources dry up, our towns will die. Where do we go? Please think about it. So, why is this crucial question not raised and debated on the floor of the Assembly? Answer- because disturbing the livelihood of a few greedy, ignorant but politically connected land owners is considered politically unwise. Because their livelihood, no matter how dangerous is considered more important than saving Shillong city. That’s why!
In a sou – moto attempt at solving the looming water shortage crisis to Shillong, the Government has apparently taken recourse to provisions of the Meghalaya Protection of Catchment Areas Act. An interesting Act which in its very preamble sets out to declare :- WHEREAS water is so vital to human life and community AND WHEREAS water sources in the hill areas are dwindling due to denudation of and inconsistent activities in the catchment areas AND WHEREAS it has become necessary to take regulatory measures to protect and improve the environment and the catchment areas and thereby preserve the water sources therein and augment the yield of water from such sources, streams and rivulets”. Para 2 (d) further provides that “Critical catchment area means the area from where springs, streams, rivulets and water heads ……serve the water supply system of any village or town or group of them and the preservation of which is so vital for the life and health of the community”. This Act is designed for the welfare, wellbeing, life and health of the community. Amen!
To advice the Government the Meghalaya Catchment Areas Advisory Board was also set up. Para 5 (1) states “The Govt may on the advice of the Advisory Board and on receipt of the consent of the land owners in writing……by notification declare an area to be a catchment area”. In one fell swoop and out of the blue, the Act proceeds to self defeat; self destruct and ridicule its own logic and noble objectives. With this single sentence our honourable legislators went ahead and shot themselves in the foot (pity its not the head). One can now safely predict that Meghalaya can never ever declare any area as a catchment area as the onus to do so has been passed on to the land owners! The most ridiculous bunkum ever scripted!
I am the owner of a vehicle. I don’t recollect Government asking for my consent on how the Motor Vehicles Act is to be implemented. I operate and drive my vehicle as per rules and regulations of the MV Act. This does not deprive me of my rights to own property but it restricts me in using it in any manner prejudicial to the safety, comfort and wellbeing of others. Laws are never made for the benefit of a few. Laws are always legislated for the good of the majority; the community; the society. Yet here in Meghalaya the “welfare, wellbeing, life, health and future of the community”, has been placed in the hands of persons with a vested interest. The bogey of a ‘land tenure system’ has once again been made use of to subvert public interest. Social injustice has been perpetrated on the people of Meghalaya. Our legislators must delete para Para 5 (1) from this Act. Is there anyone from amongst the 60 with the guts to do so?
No land owners will ever agree to voluntarily subject themselves to the restrictions of the Meghalaya Protection of Catchment Areas Act, and why should they? It is therefore politically and administratively naive, stupid and ridiculous to think so. This writeup does not advocate the abolishment of private, community or tribal ownership over land. We are simply asking that the utilisation of land on catchment and critical catchment areas should be regulated and controlled for the good of the state and the community at large. What’s wrong with that? What’s wrong in asking Government to act in favour of the state and its people? That is what was expected of the Act but people’s expectations were nullified by Para 5 (1) and in the process the bogey of Meghalaya’s land tenure system once again made use of to squash an attempt in bringing in equitable and sustainable development for our people. Once again we have been betrayed by the people we elected to protect us.
In conclusion, lets First of all do away with para 5(1) of the Meghalaya Protection of Catchment Areas Act and let the Rule of Law prevail. It’s only crooks and criminals who try to circumvent the law. Let’s hope that our policy makers don’t make use of the ‘land tenure system’ as an excuse to bypass the rule of law! Also kindly debunk this dangerous notion of buying 1000 hectares of catchment area. If Govt, armed with all the environmental provisions at its disposal can’t protect catchment areas, there is no reason to believe it can do so by purchasing such land. Stop trying to pull the wool over our eyes. Govt’s job is to enforce the law. Please do it! Thirdly 1000 hectares will cost hundreds of crores. Who will fund this non sustainable project? We might just end up with a 100 crore scam in our hands. Any doubts on this score? Fourthly Govt is not and never has been the repository of all wisdom and certainly not in the present proposal to acquire catchment areas. An out of the box rethink is required. Why not share this concern over shrinking catchment areas with other stakeholders like the Meghalaya Water Foundation. Other common sense solutions might just emerge. Nothing like a bit of transparency to clear governance cobwebs!
The author is President of ICARE