Dam Safety Act, 2021
Context:
Recently, the Supreme Court advised the Union Government to direct efforts to ensure the complete implementation of the Dam Safety Act, 2021.
Relevance:
GS-02 (Government Policies & Interventions, Disaster Management)
Key highlights:
Supreme Court’s Suggestions to the Centre
- Constitution of the National Committee on Dam Safety: Section 5 of the Act mandates its formation within 60 days of the Act’s commencement, which remains unfulfilled.
- Clarity on Supervisory Mechanisms: The court analysed the formation of NDSA while failing to formulate the National Committee, arguing that there were procedural irregularities.
- Proactive Action: The Centre was urged to ensure the operationalisation of all mechanisms under the Act to prevent potential disasters.
Reasons for Supreme Court’s Intervention
- Delayed Implementation of the 2021 Act: Section 5 of the Act required the constitution of the National Committee on Dam Safety within 60 days, but it has not been formed nearly five years later.
- Disaster Risk: Mullaperiyar Dam poses a significant risk due to its age, materials used, and increased pressure from water levels.
- Lack of Coordinated Efforts: Kerala and Tamil Nadu have had disputes over the dam’s operation, necessitating central intervention to mediate and enforce safety measures.
- Questionable Administrative Decisions: Formation of the National Dam Safety Authority (NDSA) before establishing the National Committee raised procedural and legal concerns.
The Dam Safety Act, 2021:
About:
- The Dam Safety Act, 2021 was enacted to ensure the structural and operational safety of dams in India in order to minimise risks associated with dam failures and safeguard human lives, property, and ecosystems.
- The act covers all “specified dams” in the country that are over 15 m high and between 10-15 m, meeting specific structural or design criteria.
Institutional Framework
- National-Level Mechanisms
- National Committee on Dam Safety (NCDS): It formulates policies and recommends regulations for dam safety and also advises on technical standards and procedures for dam inspection.
- National Dam Safety Authority (NDSA): It executes the policies of NCDS and resolves disputes between State Dam Safety Organisations (SDSOs) or between an SDSO and dam owners.
- State-Level Mechanisms
- State Dam Safety Organisations (SDSOs): Responsible for monitoring, inspecting, and ensuring the operational safety of dams.
- State Committee on Dam Safety (SCDS): It reviews the performance of SDSOs and oversees dam rehabilitation programs and ensures implementation of safety recommendations.
Responsibilities of Dam Owners
- Inspection and Monitoring:
- Conduct dam inspections twice annually: before and after the monsoon.
- Inspect dams post-earthquakes, floods, or other natural calamities.
- Safety and Maintenance:
- Maintain a dedicated dam safety unit at each dam.
- Ensure the safe construction, operation, and maintenance of dams.
- Emergency Preparedness:
- Develop an Emergency Action Plan for potential hazards.
- Conduct risk assessments at regular intervals.
- Undertake comprehensive safety evaluations with expert panels.
Penal Provisions
- Imprisonment of up to one year for obstruction of official duties.
- Consequences of Negligence: Imprisonment of up to two years in cases of loss of life caused by dam safety failures.
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