Mullaperiyar: It’s not about safety, but Kerala's sovereignty

Mullaperiyar: It’s not about safety, but Kerala's sovereignty

 

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Thiruvananthapuram: A statement by Kerala’s advocate-general that the Mullaperiyar dam was safe and that, even if it did crack up, the water could easily be stored in other downstream dams, has punctured the shrill claims of Kerala’s politicians.
Reason: The crux of the Kerala case for building a new dam is that the dam is unsafe, and that it could not withstand an earthquake measuring more than six on the Richter scale. Millions of people are thus endangered.
But a leading daily quotes advocate general KP Dandapani as telling the Kerala High Court that there was no problem with the dam. Moreover, “even if the Mullaperiyar dam bursts, the entire water gushing out of the dam could be stored in the dams at Idukki, Cheruthoni and Kulamavu downstream.”
Kerala has a right to dictate what it wants to do with it. While Dandapani’s statement is sure to go down badly with Kerala’s livid politicians, it gives us a clue on what the real problem is: the issue is not safety, but control.
Currently, control of the dam rests with Tamil Nadu, and Kerala’s proposal to create a new dam to replace the “unsafe” Mullaperiyar will essentially shift the control where it rightfully belongs: to Kerala.
A good way to look at the problem is this: as the sovereign owner of the Mullaperiyar real estate, Kerala has a right to dictate what it wants to do with it. Anything located on Kerala soil is, by definition, something that can be legislated by Kerala – subject only to the courts and laws governing contracts.
On the Tamil Nadu side, the issue is really the proposed breach of a corporate contract – not sovereign right over the dam and its water. Under the long lease agreement on Mullaperiyar, Tamil Nadu not only gets the water, but also the right to operate and maintain the dam – in other words, it controls the dam.
While Tamil Nadu and Kerala are semi-sovereign states, Mullaperiyar is not a contract between equals, but between a sovereign and a contracting party. The dam predates the creation of the modern states of Kerala and Tamil Nadu – and hence neither state was a direct party to it. But after the states were formed, Kerala naturally has greater rights to its real estate than Tamil Nadu.
An unconnected illustration would help clarify things.
Let’s assume that India is opening up retail FDI and Wal-Mart buys land here. As the sovereign, India can decide tomorrow that Wal-Mart must pack up and seize the land. Wal-Mart may grumble about it, but when pitted against a sovereign, the counterparty’s rights are lower. At best, it is entitled to seek compensation for this forced divestiture. It can move the courts and argue about it.
After all, India kicked out Coke and IBM in the late seventies and there was little they could do about it. India also nationalised banks twice (in the late 1960s and early 1980s) – and there was little the owners could do but protest.
If we see the Mullaperiyar dispute this way – as a battle between a sovereign seeking to claim its territory and a contracting party – the following are the implications:
One, Kerala has a right to control its water sources, and modify the lease. Two, Tamil Nadu, as the party that is being cheated out of a valid contract, has a right to demand fair compensation – whether in the form or water or cash or both.
Of course, neither Kerala nor Tamil Nadu is a full sovereign power since they are part of one country – and their disputes will be settled in the Supreme Court. But the principle applies.
Of course, there is always the possibility that safety is really the issue – but this can easily be settled by the appointment of impartial dam experts. There is no point in Kerala claiming the dam is unsafe by appointing its own experts, while Tamil Nadu trots out another bunch of experts to prove its case that the dam is safe.
If safety is the only issue, there are easy solutions. But the probability is that Kerala is miffed about losing control of a dam on its soil. If this is the issue, the solutions have to be different.

Wild Life in Wayanad

Wayanad has a salubrious climate. The mean average rain fall in this district is 2322 m.m. Lakkidi, Vythiri and Meppadi are the high rainfall areas in Wayanad. Annual rain fall in these high rain fall areas ranges from 3,000 to 4,000m.m. High velocity winds are common during the south west monsoon and dry winds blow in March-April. High altitude regions experience severe cold. In Wayanad (Ambalavayal) the mean maximum and minimum temperature for the last five years were 29oC and 18oC respectively. This place experiences a high relative humidity which goes even up to 95 per cent during the south west monsoon period. Generally, the year is classifed into four seasons, namely, cold weather (December-February), hot weather (March-May), south west monsoon (June-September) and north east monsoon(October-November). The dale, 'Lakkidi', nestled among the hills of Vythiri taluk has the highest average rainfall in Kerala. The average rain fall in Wayanad is 300mm. per year. There is a decreasing trend in rainfall in this area. The average rainfall data shows that the lowest rain fall received from north east monsson, is in Wayanad district.

FLORA AND FAUNA The flora of Wayanad are characteristic of the Western Ghats and the plantation crops grown in the cool climate. A major portion of the district is covered by coffee. Trees of the wild type like rose-wood, anjili (Artocarpus), mullumurikku (Erthrina), several species of caussia and many other non-descrip varieties are still preserved here and there, to give shade to the coffee plants. These trees give a dembalance of wilderness to the landscape of Wayanad. In a majority of coffee plantations, the age-old species are replaced by the silver-oak which is suited to the cold climate. This tree grows quickly and its cultivation is widespread among coffee plantations for shade and for giving support to pepper. It is used for the plywood industry and thus is economical to the farmers. Eucalyptus grandis, a shorter variety of eucalyptus, whose fragrant smell suffuses the very air around it, is cultivated on a large scale in centain parts of the district. Eucalyptus oil is extracted on commercial basis from its leaves. Of the 20,864 hectares of reserve forest, the major portion is teak plantation. Arecanut palms and jack trees are also grown here. Tea is grown as an industry in large estates. The soil and climate of Wayanad are suitable for horiculture on commercial basis. For promoting the cultivation of vegetables and raising of orchards, the Kerala Agricultural University is running a Regional Agricultural Research Station at Ambalavayal. With the clearing of forests, the diverse and buzzling animal life, characteristic of the forests of Western Ghats, has vanished from Wayanad. One can still see the bonnet monkeys, loris, mongooses, jungle cats, squirrels, jackals, hares, etc. in the limited forest areas. Elephant, bear and other wild animals from the neighbouring wild life sanctuaries of Karnadaka and Tamil Nadu, stray into the Begur forest range and the forests around Muthanga, which is 20 kilometres away from the town of Sulthan Bathery.

Wayanad as blessed with wilderness as Malabar will also be equally blessed with wildlife. Not only is Malabar home to wildlife reserves like Silent Valley and Muthanga Wildlife Sanctuary, it is also within easy reach of sanctuaries outside the state.

Wayanad Wildlife Sanctuary:
Established in 1973, the Wayanad Wildlife Sanctuary is contiguous to the protected area network of Nagarhole and Bandipur of Karnataka on the northeast and Mudumalai of Tamil Nadu on the southeast. Rich in bio diversity, the sanctuary is an integral part of the Nilgiri Biosphere Reserve , which has been established with the specific objective of conserving the biological heritage of the region. The sanctuary is rich in flora and fauna. The management lays emphasis on scientific conservation with due consideration for the general lifestyle of the tribals and others who live in and around the forest. Elephant, spotted deer. Bison, tiger, cheetah, wild bear etc. can be spotted here. Elephant rides are arranged by the Forest department.

Permitting authority : Wildlife Warden, Wayanad Wildlife Sanctuary, Sulthan Bathery

Nagarhole Elephant Sanctuary:
Situated in Karnataka, this wildlife sanctuary is some 40 kms from Mananthavady in Wayanad. Jeeps and trucks regularly transport visitors to this location.

Begur/Tholepetty Wildlife Sanctuary: Several species of animals like elephant , bison, spotted deer, tiger, leopard, bear and wild boar are found in this sanctuary , which is just 100 kms from Vythiri. The best season to visit is Dec-to May, when animals from the neighbouring Bandhipur, Nagarhole and Mudamalai frequent this sanctuary due to scarcity of water elsewhere. Day trips are organized from various resorts in Wayanad.
Bandipur National Park and Tiger Reserve:
Situated in Karnataka , this famous wildlife sanctuary and tiger reserve is also easily accessible from Malabar and is en route to Ooty.

Mudumalai Elephant Park: Tamil Nadu's most well-known wild life sanctuary is within easy reach and is just 130 kms from Vythiri.

Nagarhole Wildlife Sanctuary (40 km from Mananthavady):
This sanctuary in Karnataka state extends over 643.39 sq.km. The park houses diverse species of plant and animal life. Visiting time:0600-0800 hrs and 1500-1730 hrs.
Begur Wildlife Sanctuary (20 km east or Mananthavady):
This sanctuary is home to many exotic species of fauna.

Bee-eater ( Nectyronis othertoni)
A rare blue beard bee-eater a rare bird has been sighted in Wayanad. The blue bird bee-eater is the largest bee-eater in the world. This rare bird builds nests on the ground and usually dwells in forest especially low land forest clearings and open hill forests. The bird has pale blue forehead and a "beard". The upper parts of the head are green and the belly adorned with soft streaks. The long tail is yellow below and square ended. The bird has de-curved slender black bill and short wings. Its call is audible from a good distance.

Before feeding the young, the bird gives a special kind of call to its young ones, perching on a nearby tree as if signaling them to come to the entrance of the nest to receive the food. The nests are found to be almost two and a half meter long inside, a peculiar to this species. The nest and the chicks are highly vulnerable to attack of snakes.
Out of the 24 species of bee-eaters seen in the world, six have been spotted in India. Bee-eaters play a major role in controlling insect pests, especially wasps, which are poisonous.