Mr. Speaker, the Legislative Assembly of Punjab recently annulled a longstanding agreement that allowed the diversion of water from Punjab to other states. According to the Tribune of Chandigarh, whose article I will be inserting in the…
Mr. Speaker, the Legislative Assembly of Punjab recently annulled a longstanding agreement that allowed the diversion of water from Punjab to other states.
According to the Tribune of Chandigarh, whose article I will be inserting in the Record at the end of my remarks, the Legislative Assembly asserted the sovereignty of Punjab in doing so. The newspaper reports that the bill passed by the Legislative Assembly says that ``as a sovereign authority [Punjab] considered it its duty to uphold the Constitution and the laws and to protect the interests of its inhabitants.''
Apparently, all parties supported this measure. We congratulate them on taking this step forward to protect the interests of the people of Punjab. I urge them to continue claiming, promoting, and establishing the sovereignty of Punjab.
Mr. Speaker, we know that the people of Punjab have been severely oppressed by the tyrannical Indian government. Over a quarter of a million Sikhs have been killed since 1984, according to the Punjab State Magistracy. The Movement Against State Repression reports that 52,268 have been taken as political prisoners, held without charge or trial, some as long as 20 years. According to the Punjab Human Rights Commission, about 50,000 Sikhs have simply been made to disappear by being arrested, tortured, killed in police custody, declared ``unidentified bodies,'' and secretly cremated, without their remains even being given back to their families.
Similar repression has been visited on Christians, Muslims, and other minorities. Yet India continues to say that it is the world's largest democracy.
If India is truly a democracy, it will allow the will of the people to be carried out in regards to the diversion of water. It will allow the people--Sikhs, Christians, Muslims, Assamese, Bodos, Dalits, Manipuris, Tamils, and everyone living under Indian rule--to enjoy the full range of human rights. And it will allow self-determination for these sovereign states.
Until that happens, Mr. Speaker, we should not provide any aid to India. And we should take a stand for self-determination, which is the cornerstone of democracy, by supporting a free and fair plebiscite on independence in Punjab, Khalistan, in Kashmir, in predominantly Christian Nagaland, and everywhere that people seek their freedom from Indian rule. The assertion of sovereignty by the Punjab Legislative Assembly is a good first step. They should act to claim their sovereignty by severing their ties to India. We should take a stand by letting them know that when they do, we will be there with them.
Mr. Speaker, as I mentioned before, I would like to insert the Tribune article into the Record.
[From the Tribune (Chandigarh), July 13, 2004]
Punjab Annuls All Water Pacts: Cong, Akalis Join Hands on Issue
(By P.P.S. Gill)
Chandigarh, July 12.--A special session of the Punjab
Vidhan Sabha today unanimously passed the Punjab Termination
of Agreements Bill, 2004, thereby ``knocking down'' the very
basis on which the Supreme Court had passed its order on
construction of SYL--Sutlej-Yamuna Link canal on June 4,
last. This Bill annuls the December 31, 1981, agreement
between Punjab, Haryana and Rajasthan signed by the three
Chief Ministers in the presence of the late Ms Indira Gandhi
and also all other agreements relating to the water of the
rivers, Ravi and Beas. This, the Bill says, was done in
``public interest''. The annulment has come after 23 long
years with two staunch political rivals, the Congress and the
Akalis, joining hands to protect the state's riparian rights.
Immediately after the Bill was passed, the Chief Minister,
Capt Amarinder Singh, accompanied by the Leader of the
Opposition, Mr Parkash Singh Badal, PPCC president, Mr H.S.
Hanspal, Ms Rajinder Kaur Bhattal, Mr Partap Singh Bajwa and
a team of legal experts went to Raj Bhavan to meet the
Governor, Justice O.P. Verma (retd.), to request him to give
his assent to the Bill, as the dead-line for compliance with
the Supreme Court order was July 15. The combined delegation
spent an hour with the Governor. The Raj Bhavan sources said,
``The Bill is being examined.''
Capt Amarinder Singh told TNS that he had not discussed the
Bill with Ms Sonia Gandhi. ``Why involve her? When I go to
Delhi, I shall brief her''.
Presenting the Bill to the House, Capt. Amarinder Singh
made an emotive speech giving facts, figures and background
to the entire issue of sharing of river waters and steps
taken in the recent past to protect and safeguard the
interests of Punjab, particularly the farmers and save nine
lakh acres going dry and barren, which would affect the
livelihood of 1.5 million families.
The Bill says that Punjab was proud of its position in the
Indian union, felt equal concern for its neighbours and as a
sovereign authority also considered it its duty to uphold the
constitution and the laws and to protect the interests of its
inhabitants.
Under the 1981 agreement, flow series were changed from
1921-45 to 1921-60, which had the result of increasing the
availability of Ravi-Beas waters from 15.85 MAF to 17.17 MAF.
The allocation of water made to the states concerned under
that Agreement was as under:
Haryana (non-riparian) 3.50 MAF, Rajasthan (non-riparian)
8.60 MAF, Delhi (non-riparian) 0.20 MAF, Punjab (riparian)
4.22 MAF and Jammu and Kashmir (riparian) 0.65 MAF. Under
clause IV of this agreement, Punjab and Haryana withdrew
their respective suits from the Supreme Court. But the
controversy rages on. The issue has become emotive.
Referring to the broad clauses of the proposed Bill, Capt
Amarinder Singh maintained that riparian and basin principles
were ignored all along and allocation of the Ravi-Beas waters
had always been affected by ``ad hoc decisions and
agreements, dictated by prevalent circumstances''. Here was a
typical case involving ``emotive'' issue of impending
transfer of water from ``deficit'' Ravi-Beas basin to the
``surplus'' Yamuna basin.
Never any reliable and scientific study of hydrological,
ecological and sociological impact of such large scale trans-
basin diversion from Punjab to Haryana and Rajasthan had been
undertaken. Besides this transfer, diversion was even
contrary to the National Water Policy guidelines, he added.
Capt Amarinder Singh pointed out, ``Non-riparian and non-
basin states of Haryana and Rajasthan are not only not
entitled to any Ravi-Beas waters, even their current
allocation and utilisation is totally disproportionate to the
areas alleged to be falling in the Indus basin. Therefore,
Punjab, as a good neighbour, has accepted such utilisations
by Haryana and Rajasthan as `usages by sufferance' but not as
a matter of any recognition of their rights''.
He supported this hypothesis, when he posed the question,
``Does Punjab have surplus water and do the claimants of our
water a legal right to it?'' Then, he paused for effect,
``The answer to this question is a resounding `no''', and
went on to give the following picture:
All three rivers, the Ravi, the Beas and the Sutlej, flow
through the present Punjab and none through either Haryana or
Rajasthan. No part of territories of these states fall within
the basin areas of the Ravi and the Beas, although, according
to un-substantiated report of the Irrigation Commission, only
9,939 sq. kms. within Haryana fall in Indus basin, against
50,305 sq. kms. of Punjab.
Again, the present utilisation by Haryana was about 5.95
MAF, about 4.33 MAF from Sutlej and about 1.62 MAF from the
Ravi-Beas water, through the existing systems. Also out of
17.17 MAF of ``surplus'' Ravi-Beas water, only 4.22 MAF was
allocated to Punjab, a riparian state, against higher
quantities to Haryana and Rajasthan. From the total surplus
availability of 11.98 MAF of the Beas water, Punjab has been
allocated 2.64 MAF.
Therefore, justifying the annulling of the December 31,
1981, agreement and all other agreements relating to the Ravi
and the Beas, the Bill seeks to present the fact that ground
realities have since undergone a sea change from that date
and Punjab settlement of July 24, 1985, under the Rajiv-
Longowal Agreement. Therefore, this had made the
implementation of that 1981 agreement ``onerous and
injurious'' to the public interest.
The availability of the Ravi-Beas water, 1717 MAF, as on
December 31, 1981, has been reduced to 14.37 MAF, as per the
flow series of 1981-2002. Haryana has been given 4.65 MA
under the Yamuna agreement of May 12, 1994, which will be
further augmented by the Sarda-Yamuna link. In the meanwhile,
irrigation requirements have increased in Punjab. ``The
Punjab settlement, except one para 9, relating to allocation
of the Ravi-Beas water, has remained unimplemented in letter
and spirit, to date.''
In these circumstances, the terms of 1981 agreement were
``onerous, unfair, un-reasonable and contrary to the
interests of the inhabitants of the Ravi-Beas basin, who have
law-full rights to utilise water of these rivers''. Is the
Bill justified? Will it tantamount to contempt of the court?
In his well prepared speech, Capt. Amarinder Singh has
addressed such questions, as well.
Armed with the House resolution of June 15 that aims to
protect the rights of Punjab, legal opinions and all-party
resolution of June 12, the Chief Minister said.
``This mandate enables the government to find ways and
means to protect the people from adverse consequences of the
Supreme Court judgment of June 4. The state had been advised
that the obligations arising from an agreement or the
contract did not fetter the powers of the legislature to
enact a law in public interest.
``We have been further advised that it is a well settled
law that the legislature is competent remove or take away the
basis of judgment by law and thereby it does not encroach
upon the exercise of the judicial power of the judiciary
and the legislative action within its competence, do not
commit a contempt of court. However, final decision in all
these matters lies in the court, as any law enacted by
this august House is subject to a judicial review''.
When the Bill had been introduced, Mr Parkash Singh Badal
stood up to express the collective anguish of the opposition
that on such an important item, involving the question of
``life and death'' had been treated lightly by the government
and till noon today ``we had no idea of what the agenda was
all about nor we had received copy of the Bill or what it was
all about''.
Mr Badal said the traditions and conventions of the House
were being eroded, day-by-day. ``It was also a disgrace that
even the information inviting us to meet the Governor after
the House had passed the resolution was sent by the Congress
president, Mr H S Hanspal, who was not involved in this in
any which way. How can we discuss anything at such a short
notice? We are against political confrontation and are
available 24-hours for any thing related to the interests of
the state and are willing to support the government''.
Thereafter, the Speaker, Dr Kewal Krishan said he had
received a resolution sent by four Akali MLAs, Mr Parkash
Singh Badal, Capt. Kanwaljit Singh, Mr Gurdev Singh Badal and
Mr Manpreet Singh Badal, for the consideration of the House.
Then, he ruled that since a comprehensive Bill was being
presented, they could express their views while speaking on
that. Mr Manpreet Singh Badal and Capt Kanwaljit Singh
suggested that certain provisions, including Clause 78, in
the Punjab Reorganisation Act, 1966, be also annulled. BJP's
Tikshan Sud, said though a ``belated step'', the Bill was a
welcome and offered full co-operation but rued that the
Opposition be given due place and respect.
On this the Captain had stated in his reply that whatever
steps were required to be taken to protect Punjab's interests
would be taken in consultation with the legal experts.
The speakers, including Mr Bir Devinder Singh and Mr Jeet
Mohinder Singh spoke in the context of historical background,
stressing time and again on the riparian principles. Mr Bir
Devinder Singh recalled how even the British Government had
sought a certificate from Punjab that it will protect its own
interests under the riparian rights while selling water to
Rajasthan.
Mr Bir Devinder Singh even cautioned to be prepared
following the enactment of the Act, terminating 1981 and
other agreements since new situation would develop. Mr Jeet
Mohinder Singh wondered if the Bill would stop the
construction of SYL. He was for adding a new amendment in the
form of a clause in the Eastern Punjab Canal and Drains Act,
1873 that permission of the state Assembly should be
mandatory to dig or construct any canal that carries water
beyond the boundaries of the state.
Rare bonhomie in House
The discussion on the Bill was, however, not without the
usual political punches and colour. There were moments when
some ministers and opposition members took pot shots blaming
either side for having failed Punjab and messed up the water
issue.
Some Opposition members said had such a Bill been brought
forward 23 years ago, Punjab would have been spared the
agony. Even the Bill says that in the wake of large-scale
militancy, the Punjab settlement was reached, which however,
had remained unimplemented in letter and spirit.
For once, the House was in a serious mood. There were no
political skirmishes, though usual jibes were heard. The
Governor's and Speaker's galleries were packed.
But it was the Captain's day all the way. Having worked
overtime to get this Bill prepared, presented and passed by
the House, he responded to the collective anguish of the
opposition, expressed by Mr Badal, with utmost humility and
courtesy, acknowledging all what Mr Badal had said. But then
he point by point not only explained the unusual
circumstances, including race against time, under which the
Bill in as prepared and thus could not be circulated earlier,
giving the members a chance to prepare themselves.
Capt. Amarinder Singh was apologetic and said so repeatedly
taking the wind out of the sails of the Akalis. He showed
faint starchiness in his voice, when he responded to some of
the observations of Capt. Kanwaljit Singh, saying, ``We are
together here for an important task, not for rhetoric and
emotive outbursts. We cannot allow Punjab to go back into the
grip of violence''.
Warming up, he concluded, ``We will resort to all legal and
constitutional means to seek justice. Already enough
bloodshed has taken place. Even all the bodies have not been
counted, so far. We shall fight to the end but within the
parameters of laws, rules and the constitution. I will be
willing to resign, if need be, for the sake of Punjab. The
time is not for blame game. We have all made mistakes in the
past. We are rectifying the same after 23 years. Come, lets
join hands, close ranks. I appreciate the Opposition's co-
operation''.