Explained: Dam Safety Act and Mullaperiyar dam

The law, which came into force in December, is aimed at addressing the long-felt need for addressing issues concerning the safety of major dams all over the country

The story so far: The Supreme Court on Thursday observed that the 2021 Dam Safety Act provided for everything, other than how to “settle political scores”, to resolve inter-State disputes over dams. The observation was made while hearing a case on the Mullaperiyar dam. A Bench led by Justice A.M. Khanwilkar wanted to know whether the dam would be the first to be handled under the law.  

What does the law seek to do?  

Debated for decades, the law, which came into force in December, is aimed at addressing the long-felt need for addressing issues concerning the safety of major dams all over the country. It provides for surveillance, inspection, operation, and maintenance of certain dams for prevention of disasters related to dam failure, apart from institutional mechanisms to ensure their safe functioning. The Act covers those dams having a height of over 15m and between 10m and 15m with certain stipulations. It seeks to create two national institutions—National Committee on Dam Safety (NCDS) to evolve dam safety policies and recommend necessary regulations, and the National Dam Safety Authority (NDSA) to implement policies and address unresolved issues between the two States. The NDSA will be the regulatory body. The legislation also envisages the formation of State Dam Safety Organisations and State Committees on Dam Safety. Dam owners will be held responsible for construction, operation, maintenance, and supervision of dams. 

What steps have been taken by the Centre after the enactment of the law? 

In the middle of February, the Union Ministry of Jal Shakti issued four notifications regarding the NCDS and the NDSA. The NCDS will be chaired by the Central Water Commission’s chief. Apart from different Central departments and organisations, the panel includes seven representatives of States by rotation, in addition to three specialists in the field of dam safety. The States have been divided into seven groups. The panel would meet twice a year, one of which would be before the onset of the southwest monsoon.   

As for the NDSA, it would have five members to assist its head, dealing with subjects such as policy and research, regulation, disaster, and resilience. It will have four regional offices, providing coordination services with the respective State Dam Safety Organisations and owners of the dams.  

How the Dam Safety Act is sought to be linked to the Mullaperiyar dam?