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dam-l LS: Kathmandu Post Edit on Laxmanpur Barrage



Editorial, Kathmandu Post, June 27, 2000

Go to the Hague

The construction of the 22 kilometres long South Laxmanpur barrage
across the Rapti river without Nepal’s consent is a clear violation by India
of the international laws, practices and norms. It is beyond
  any Nepali's comprehension how a democratic country like India could
have done so undemocratic a deed and brought woe and misery to thousands
of Nepalese people living near the Nepal-India border.
  Had New Delhi harboured friendly attitude towards the Nepalese people
or had it not undermined Nepal's  just demands and dues, such a huge
afflux dam that dislocates thousands of Nepali villagers and  inundates
hundreds of thousands of hectares  of arable land, would not
have been possible. The callous attitude shown by India towards Nepal’s
sensitivities and genuine grievances should come to an end and
  an amicable solution to the problem posed by the Laxmanpur barrage must
be found. But, as things now stand at an advanced stage, this does 
not look at all feasible.

  India, under the Koshi agreement, has built a dam across the Koshi
river in Nepal for two purposes : it
  prevents floods in Bihar state during monsoons and it supplies much
needed water for Bihar and the
  Ganges during dry season. But whenever India diverts Koshi water to
prevent floods in Bihar, it
  submerges hundreds of hectares of arable land, destroys standing crops
worth millions of rupees and
  dislocates thousands of local people every year. This, New Delhi has
not been able to resolve with
  Kathmandu even after four decades. However, India continues to control
the Koshi dam in its own way.
  Similarly, India has built a number of dams in its territory very near
the border across those rivers which
  flow through Nepali territory causing untold misery to the local
inhabitants on the Nepalese side of the
  border. This is a sheer violation of understanding reached between
India and Nepal to consult one
  another before launching any river project along the border areas. This
apart, such river projects go
  against the international laws and practices.

  The Laxmanpur barrage constructed by India within 300 meters of the
international border was
  undertaken without considering its effects on the Nepalese side of the
border. Neither did India get the
  necessary approval from Nepal before the construction of this afflux
dam. The study report shows it
  affects directly more than 15,000 local people in 33 villages, besides
the inundation of thousands of
  hectares of arable land. The other adverse effects of the dam remain
unidentified so far. The international
  law states "any country, if constructs such an edifice within eight
kilometre that affects directly or
  indirectly another country, must get prior permission."

  Within this, India cannot deny the fact that it has violated the
relevant international laws and practices. It
  has done so time and again but Nepal has failed to take up the issue
strongly with India or with the
  International Court of Justice at the Hague. Nepali Congress-led
government cannot remain silent
  especially when the country’s vital interests are at stake. Nepal must
take up the issue with the
  International Court of Justice at the Hague as this seems to be the
only option left for a poor but proud
  and fiercely independent country, Nepal. Perhaps this might make New
Delhi think twice before
  venturing into such ill advised projects.