It
shall be the duty of every citizen of India to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to
have compassion for living creatures
Article 51A(g), Constitution of India
Constitutional status of rivers
The ongoing articulations of dissent regarding declaration
of Goa’s seven rivers as National Waterways have come under increasing public
focus. It is however noted even though the issue is debated in media, due to
self-censorship and subtle imposed censorship the fundamentals of the issue
hardly get attention it deserves. The unprecedented aggression envisaged on
Goa’s Rivers calls for historical, social, legal and ethical evaluation of the
actions and intentions of Government of India. Article 51A (g) as quoted above
is very explicit about defense of rivers along with forest, lakes and wildlife.
In fact all these are categories (rivers, lakes, wildlife and forest) are
connected to each other and in March 2017 this connection has been expressed
very clearly though an act of New Zealand Parliament Te Awa Tupua (Whanganui
River Claims Settlement) Act 2017. Its sections 69 and 70 acknowledges and
apologizes to indigenous people – Maoris -
for carrying on development in Wanaganui river including treating river
as “highway” for navigation and transportation as envisaged by Government of
India though National Waterways Act, 2016. The Article 51A(g) became part of
Indian Constitution from January 03, 1977 as a direct fall out of increasing
global awareness on environmental issues dramatically pushed to centre stage by
Rachel Carson’s “Silent Spring” and Club of Rome’s “Limits to Growth”. In this
sense Constitution of India expanded its ambit of legal and juridical
protection so far limited to humans, to nature. At the same time Constitution
under Article 48-A provided directive principle to protect and improve
environment, something whose violation in Goa with regards to seven rivers is
led by Goa Goovernment through media advocacy for signing of Memorandum of
Understanding (MoUs) for destroying Goa’s rivers for the sake of corporate
interests including Jindals, Adani, Timblos, Fomentos, Salgaoncars, Chowgles
and Vedanta involved in mining and coal handling at MPT.
Paradox of Implementation
Article 51A(g) makes defense of rivers a duty of every
citizen of India, citizens themselves are not aware of the same. They are often
neither aware of this provision in the Constitution of India nor sensitive to
the dangers our rivers are flowing into. Even worse is that the State rarely
propagate the existence of this Article and even as it often creates legal
tools for destroying rivers like the Indian State has done through The Inland
Waterways Authority of India Act, 1985 and insertion of 111 of India’s rivers
into this law through The National Waterways Act, 2016. The major forms of
assault are in the form of dredging of rivers to allow for bigger ships to move
into river with complete control of Central Government with terrible ecological
and economic implications. Government of India’s logic as decipherable from its
attitude of river grabs is contrary to Article 51A(g) and is motivated by
narrow economic logic of making it cheaper for corporate involved in shipping
and tourism. Both these laws do not reflect concerns of natural environment. In
fact defense and protection of rivers has been discarded from the State agenda.
This is what makes it worrisome; Government of India is acting against the
provision of Article 51A(g) and has become eligible to be classified as
“anti-national” and hence has no reason to be in power that was usurped through
manipulation of EVM during last Parliament and State elections. When it is a
duty of every citizen of India to protect rivers logically at a time when
Government of India is involved in wreckage of Indian rivers it becomes a duty
of every citizen of India to rebel and cut off imperialist links operating
though state structures. In this sense rebellion becomes duty of every citizen
of India. Alas, most of the citizens of India are held in chains of poverty,
malnutrition, hunger, and illiteracy that rebellion may not be the on the
agenda, worse still suicide has become tendency of masses. Even then middle class
and students who have time and inclination, education and necessary skills must
address the situation thoughtfully speak out boldly. It is ironical that
constitutional duty of every citizen of India is to protect rivers while de facto functional principle of
Government of India is to destroy Rivers.
Goa situation
Goa was brought under the rule of India in 1961 violating
Constitution of India Article 51(d) that read as “The Sate shall endevour to
encourage settlement of international disputes by arbitration”. India annexed Goa through military action
beginning from 17th December 1961 and ended on 19th
December 1961. During this period India sent it nearly 30,000 soldiers to
defeat 2,000 Portuguese soldiers. In fact official status of Indian armed entry
in Goa is construed as “invasion” at the 987th and 988th meetings
of the United Nations Security Council. Indian action was internationally
sustained only though an exercise of veto power by USSR. Portugal continued to
have strained relations with India for next eleven years till 1972 when
Portugal without consulting People of Goa handed over the rights of Governance of
Goa to India and application of Geneva Convention to Goa pushed under the
carpet of public debate just as rights of People of Goa for self-determination
under Article 2 of the UN Charter. India also violated Article 51 (a) “State
shall endevour to promote international peace and security” by plans of
destroying Goa’s seven rivers and spreading insecurity amongst people of Goa
specially fishermen.
This has not been the case with Portuguese colony of East Timor
after Portuguese left, Indonesia conquered but due to strong freedom movement
from 1998 East Timor is a free nation. Goa was not only betrayed by India and
Portugal but also local political and intellectual leadership that failed in
courage and clarity to articulate interest of Goa. Dr. Jack Sequeira as well as
Dayanadand Bandodkar conspired with each other to politically divide people of
Goa as pro-Maharashra and anti-Maharashtra during Opinion Poll. There was no
one who was genuinely pro-Goa except perhaps Kid Boxer from Siolim who was
arrested from the Tiatr stage in Mapusa in the first year of India Invasion of
Goa in 1961 when he sang “Tum bhitor sorlai chukon, mottoloi sukon; dusreacho
des pochonam". Kid Boxer, after his arrest was improsoned for six months
in Nasik as per the first hand account from Anthony Veronica Fernandes from
Candolim. Opinion Poll served to create intellectual distraction of masses of
Goa. In merger issue that was forced on Goa successfully neutralized stamina
people to challenge India’s conquest of Goa. Similar divisive agenda was
further strengthened in 1986 language agitation where in intellectuals’
manipulated masses to fight amongst them over language issue Konkani versus
Marathi rather than question Indian rule through conquest of Goa. In fact there was only handful who
demonstrated courage as well as clarity of thought to challenge Indian conquest
of Goa. One of them was late Pri. Chico Monteiro from Candolim and Goa owes
special tribute to this man on his approaching 100th birth
anniversary. He was arrested by Indian State, tried and imprisoned in
Chandigarh only to be set free by Indian Supreme Court after many decades in
prison.
This background is important to understand the plight of
Goa’s rivers today under Indian rule. It is under section 2(3) of the National
Waterways Act 2016 that Goa Rivers are “hereby
declared to be national waterways for purposes of shipping and navigation.”
After conquering Goa in 1961 India has intensified its exploitation of Goa
through rivers: Chapora, Mapusa/Moide, Mandovi, Cumbharjua, Zuari and Sal river
are declared as National Waterways from 26th March 2016. Pranab
Mukherjee gave Presidential assent to river grab masquerading as law. Prime
Minister Narendra Modi who promised Goa Special Status to defend and protect
its environment is all set to preside over funeral pyre of Goa’s seven rivers.
This law shifts legal control of these rivers to central government directly.
The state government as well as Municipalities and Panchayats has no powers.
Goa’s local self governing autonomous institutions – Communidades were
destroyed soon after 1961 conquest of Goa by making them legally toothless with
introduction of Panchayati Raj system. New Zealand Colonial State of the white
imperialism also initiated similar measures and indigenous people – Maoris –
fought back for number of generations from 1840 onwards. It is no doubt that
The National Waterways Act 2016 reflects speedy transformation of India as a
colonial predator state. The resistance movement has to take these factors into
account and get prepared for a prolonged anti-colonial struggle for freedom.
Interests and Parties
M/s National Waterways Authority of India approached
National Appraisal Committee of the Ministry of Environment and Forest to seek
permissions for dredging of Mandovi, Zuari and Cumbharjua rivers. The
Authority’s application came up for discussion on 24th October 2016.
Authority advocated interests of 228 barges plying in these three rivers and
argued that dredging is needed for the smooth movement round the year. Inland
Water Transport is expected to handle around 22-24 MTPA traffic by Financial
Year 2020 which will be facilitated by current barge fleet (capacity 80 million
tons). Initial dredging for maintaining 3.2 m LAD will be sufficient for
enabling the vessels to ply round the year. Total dredging quantity will be
about 3 Mm³. Dredging to be disposed off beyond the disposal area of Mormugao
Port Trust towards Seaside. National
Appraisal Committee directed them to prepare and EIA and conduct Public
Hearings in Goa which are not done till date even as Chief Minister Manohar
Parrikar is vexing eloquent on the issue to set nationalize seven rivers and
construct Jetties in Mandovi river.
It may be noted that dredging that was carried on at MPT for
deepening of approach channels for bigger ships to facilitate coal imports in
Goa to be transported to Karnataka to Jindal’s (JSW) power plant is already
proved to have caused environmental damage and NGT in 2017 has stopped further
dredging. It is a perverse logic that when dredging is already proved to have
caused ecological damage near MPT, seven more rivers be subjected to dredging
that will destroy fishing spaces totally in rivers of Goa as evident from draft
MoUs available with Captain of Ports on seven rivers under reference. Central
Government has never consulted people of Goa before taking the decision on
declaring Goa’s rivers as National Waterways. In fact it is the Goa’s mining
barges that approached National Waterways Authority of India (NWAI) to get
Goa’s rivers under its control for dredging purpose. When the Chairman of NWAI
visited Goa on 21st January 2010 he only had discussions with
offcials connected with MPT, Captain of Ports, Goa Chamber of Commerce and
Industry, and Goa Barge Owners Association. No Panchayats, Municipalities,
Communidades, masses were consulted. This has created tremendous anger amongst
people of Goa and indirectly confirms Goa as Colony of India marked for plunder
and loot. On 8th August 2016 Fatorda Independent MLA Vijay Sardessai
spoke in the Goa State Legislative Assembly for couple of hours criticizing
this decision as solely beneficial solely to the corporate houses of Jindals,
Adanis and Vedanta, and Goa’s rivers will without fish. In fact it is this
issue of rivers that won public sympathy to his newly floated political outfit
– Goa Forward Party and won three seats in Goa’s 40 members Assembly making
strategically important element for Government formation. However after
storming in power and ministerial berths to all its MLA’s Goa forward abandoned
its opposition citing compromise with Central government and joined NDA
government thereby causing open betrayal of People of Goa.
Credentials of Barges
One report suggests that there are two interest parties
behind getting rivers as national waterways in Goa: Cargo and Tourism. While
tourism interests are in the form of proposals to marinas, floating jetties and
casinos in various rivers of Goa are already questionable, cargo of minerals
and coal is of particular official disrepute in Goa. Minutes of the very first
meeting of Goa State Pollution Control Board (GSPCB) held on 5th
October 1988 calls few points for special attention in Goa. Three of them are
worth sharing here. The first one: “Pollution of Inland waterways by movement
of barges and other vessels.” This means that as early as 1988 barges were
reputed to have been causing pollution to rivers mainly Mandovi and its
tributaries, Zuari and its tributaries and Cumbharjua Canal. NWAI has become an
advocate of barges that are notorious for polluting these three rivers! These
barges were serving mining industry to transport ore to MPT for exports; still
does with Coal import being an additional major factor. Pollution caused by
barges and shipyards is largely under focused in Goa. Cyril George, MPT
Chairman put it aptly in an interview to local English daily Herald on
17/06/2015 “People should understand
that there are so many shipyards not following environmental laws, besides
there are barges along the Zuari river bay and each of these barges has created
health hazards, environmental hazards, besides pollution. These aspects are
ignored.” Mining has been even more lethal as recorded in the same minutes as
“Mining Industry being a major polluting industry in Goa” and needs special
attention of GSPCB. Protests of mining pollution affected people were crushed
using Police force from the decade of 1970s when mechanization of mining
industry began. Interestingly same minutes notes for special attention of GSPCB
that “Education of masses on aspects of prevention of pollution”. Today GSPCB
has staff of over 140 employees but education of masses on aspects of
prevention of pollution was never even attempted. Considering masses are
mulnivasis and ruling power is with Brahmins of various political parties this
situation is understandable. In fact what Vishnu Wagh expressed in his poem
“Sudhirsukt is a reality”. Time is pacing up for large scale Parshuram dahan in
streets, nooks and corners of Goa. There is an urgent need to disturb and
invert this equation between the ruled and the rulers.
Mass revolt must
Currently situation visible is that of mass awakening all
over Goa over the issue of Declaration Rivers of Goa as National waterways by
Indian government without consulting masses of Goa and the related issues of
Coal import and to widening of Highways and railways. If the plans of Ministry
of Shipping of the Indian Government are not foiled then Goa would end up being
Goa and turn into Coal hub with dense pollution affecting life Goa terribly,
creating Public Health crisis and shying away tourists permanently. In this
agitation environment protection must merge with mulnivasi protection! If Goa
people were not part of India Goa’s rivers would never have been subjected to
rape by Indian Government as it is being sought to be done now after ripping
Goa’s mountains and plains off through mining industry for past five and half decades
carried forward from Portuguese grants for mining from 1929 onwards. Nor People
of Goa would have been subjected to the nasty Indian surveillance through
Aadhaar Card. Soares-Chavan New Delhi Treaty of 1972 between Portugal and India
only confirms that Goa was a foreign territory to India and it needed official understanding
on Goa between European nation of Portugal and Asian Country of India.
Currently Article 51A (g) is dynamic motivator to act towards comprehensive
defense of rivers in Goa and other rivers in India as well. This article is
written as an authoritative expression of author’s Fundamental duty as Indian
Citizen under Article 51A (g) and published under Article 19, both of the Constitution
of India as a voice to Goa’s threatened rivers and threatened People.
Sebastian Rodrigues
03/11/2017 written for Satyagraha magazine in Goa
