Prologue — Pradip Kumar Bhuyan
I love Nature which is nothing but a manifestation of the Divine — I love flowing rivers — big and small, bubbling streams which nourish the land and the people. The living rivers are filled with myriad biota in the flowing waters and countless organisms in the beds and the banks. Sustainable development of these rivers bestow great bounties to mankind.
But, when the human demands on a flowing living river is based on a policy of maximization of power generation at the cost of the river, ecology, environment, and the riparian people for the benefit of the Project Proponents through a format of dam that holds up the water of the river for 18–20 hours to a trickle and releases the same in 4–6 hours of the peak load period of evening/nights creating a flood — the flowing river dies immediately on commissioning of such format of development. The Authorities call these projects 'Run of the River' (RoR) projects only to mislead the people about their perception of the dams. In actual reality, these are Peaking Hydro Electric Projects. It will not be wrong to say that these are the most destructive format of dams for development. Late Mr. Ramaswami R. Iyer, of Centre of Policy Research and former Secretary of the Ministry of Water Resource, who saw rivers as an inextricable part of the lives of the communities and who, as India's Water Man drafted the first National Water Policy in 1987, "was strongly against the 'green' tag accorded to the RoR dams." In an article published in the Economic & Political Weekly of 28th February 2015, Mr. Iyer wrote: "A RoR hydroelectric project spells death for the river."
The Peaking HEPs have 'killed' many rivers in the Himalayan region of Himachal Pradesh, Uttarakhand, Sikkim and North Bengal in the last few decades. Nearest to the North East is the river Teesta, which is being 'killed' by a number of Peaking HEPs while flowing through Sikkim and North Bengal.
Protagonists of such RoR dams say that electrical power is generated for the benefit of the people, but at the cost of total destruction of the rivers — the riparian people had a flowing river which was entwined with their lives, which is not only destroyed but the benefits conceived under the National Water Policy are also denied.
Now in India, the Arunachal Valleys of the Eastern Himalayas can only boast of living, vibrant rivers — even though by default. The Siang, Lohit, Dibang rivers — constituents of the mighty Brahmaputra — and the rivers in Kameng, Subansiri and Tawang Valleys are still flowing. Only two major dams are under construction: the 2000 MW Lower Subansiri Hydro Electric Project and the 600 MW Kameng Hydro Electric Project.
Miraculously, the big rivers of Arunachal are still flowing freely even though 150 or so Memoranda of Understanding were signed by 2011 to build major Peaking HEPs. This is a miracle which has happened because of public protests in Arunachal and Assam, bolstered by three important court cases in the National Green Tribunal (NGT) on various issues concerning the Peaking HEPs.
Out of the three cases, the co-author filed and pleaded two cases before the National Green Tribunal, Eastern Zone, Kolkata — one for scrapping all Peaking HEPs in Arunachal Valleys and another for quashing the Environmental Clearance (EC) of the Dibang Multipurpose Dam. These cases were strongly contested by various respondents and were finally transferred to the Principal NGT Court in Delhi and dismissed in 2019 on a narrow plank of 'development.'
In a case filed in 2013 by Aabhijit Sharma concerning the construction of the Subansiri Lower Dam by NHPC — where the co-author acted as a consultant — the Project Proponent, NHPC, was constrained to agree to release sufficient water from the dam by running one turbine 24×7, as committed in their reply affidavit of March 2014, instead of releasing only 6 cumec of water as per the Environmental Clearance. This was a major achievement and has set a precedent for free-flowing rivers for posterity.
The 150 or so private and Government corporations in Arunachal Pradesh who signed MoUs paused at the public protests and also waited for the verdict of the NGT. But even after the judgment of the NGT vacating the stay and dismissing the cases in 2019, no one has taken any steps to start work on the dams. This is because the dams, in the format of Peaking HEPs, have become unviable when green energies — solar, wind, and others — have made gigantic strides in the last 4–5 years and are capable of generating power within a limit of ₹4/- per unit.
In this context, it is pertinent to mention that considering the degraded state of the River Ganga, the Government of India declared it a National River in 2009 and constituted a National Ganga River Basin Authority (NGRBA) for restoring its health. The pertinent question is: why should the same, if not more, safeguards not be extended to the Brahmaputra and its constituent rivers — Siang, Lohit and Dibang — which must be allowed to flow freely, unfettered and unhindered?
The time is ripe for the Peaking HEPs of Arunachal to be scrapped — if not for ecological reasons then for economic unviability — to be replaced by true RoR projects generating adequate base-load power for the region and the nation, and to retain the pristine glory of the valleys of Arunachal and a flowing Brahmaputra.
In this long legal odyssey (2013–2019) which I fought for the survival of the rivers of Arunachal and Assam advocating for sustainable development, our Attorney Shri Sanjay Upadhyay, eminent environmental lawyer, stood by our side and gave us support especially when the going was tough. I take this opportunity to thank him for his commitment towards nature and sustainable development.
Also, unfortunately, we have reached a stage where we cannot ignore what is happening around the world due to climate change, created by unsustainable levels of human activities, especially by the developed countries. Rivers and lakes are drying up in Europe and China because of unprecedented drought and very high temperatures. Whether the climate meltdown is reversible or not is unknown, but we as humans must now desist from exploiting Nature out of sheer greed.
The book is written in the above context, and to highlight the fact that Arunachal's rivers are still flowing freely despite 150 or so MoUs being signed mostly before 2011. We need to accept it as a sort of miracle and Divine Grace, and seize this opportunity to scrap the Peaking HEPs and convert them to true Run of the River projects — ensuring flowing rivers in the pristine valleys of Arunachal, a flowing Brahmaputra, and adequate sustainable base-load power for the region and the country.
A Note and an Ode to Living Rivers — Sanjay Upadhyay
Aviral, Nirmal and Swachh — free-flowing, pure and clean rivers — were a legacy to this great country. Human greed and need have used these rivers in an anthropocentric manner, forgetting the eco-centric approach which has been reminded of several times by intellectuals, the Supreme Court, activists and academics alike for several years now.
It does not require rocket science to conclude that the longitudinal integrity of a river and the seismic vulnerability of an area are cardinal principles to be considered even if we want to harness a river for its energy potential. Scientific uncertainty must give way to the precautionary principle in any human endeavour and activity. Then why are we so blind to the adverse impact of huge dams in vulnerable areas where, by design, the longitudinal integrity is compromised?
Scientists of international repute have endorsed necessary design changes. Scientists of the then Planning Commission cautioned that seismic vulnerability and a better peak ground acceleration assessment are a must to ensure dam safety. This is where state ego and public-sector vehemence is not comprehensible. Courts cannot be the last bastion for ensuring scientific certainty.
What is crucial is that the Lower Subansiri — a life source for many riverine communities and perhaps one of the most important rivers flowing into the Brahmaputra — must be allowed to flow uninterrupted. For living rivers can only ensure living civilizations. Let us not wait for history to teach through our mistakes again; let us wake up to precaution and ensure that the Subansiri flows with a true Run of the River project, with all the safeguards in place, so that it shines in the annals of history rather than be remembered as a historic mistake.
Let this humble effort of the book be also remembered for the living Nature lovers who are so humble that they never speak of their efforts in public but quietly, undeterred and with a golden heart continue to be the conscience of the region for sustainable development — Shri Pradip Bhuyan, without whom I would not have been able to fight such battles and without whom such nationally important debates would never be at the centre stage. Thank you, Bhuyan Uncle!