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Revisiting Indo-Bangla agreements on Farakka

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Dr Rajkumar Singh

AFTER the independence of Bangladesh a major breakthrough came in the relations of the two countries when they signed a Treaty of Friendship, Cooperation and Peace during Indira Gandhi’s visit to Dhaka in March 1972. Article VI of the Treaty maintained that the high contracting parties further agreed to make a joint study and take joint action in the fields of flood control, river basin development and the development of hydro-electric power and irrigation. The discussions of the two Prime Ministers resulted in the formation of a Joint Rivers Commission (JRC) relating to which statutes were signed in Dhaka on 24 November 1972. The JRC was entrusted with the task of discussing at length the approach to long term planning for development of the water resources of the Ganga and other river systems. Initial understanding and first agreement: As a follow up of the good understanding between India and Bangladesh, the two had signed an Interim Agreement on the sharing of Ganga waters at Farakka on 18 April 1975. The Agreement came at the end of three-day negotiations between Jagjivan Ram, the Agriculture Minister of India, and his Bangladeshi counterpart Abdur Rub Sernibat. Under the agreement signed in Dhaka India was allowed to draw up to a specific volume of water for its feeder canal for the benefit of Calcutta port. The daily withdrawal of water ranged between 11,000 and 16,000 cusecs in the last ten days of April and May respectively. The remaining flow of water was allowed to go to Bangladesh.
Despite several lackings, the agreement was welcomed by most of the leading newspapers as it set an outstanding example of mutual understanding and accommodation. The port of Calcutta required 40,000 cusecs of water throughout the year including the lean months, which was necessary to flush the silt up Hooghly. Secondly, there was no time limit in the agreement. It would have been better if some time limit would have been fixed. Thirdly, during the lean season heavy withdrawals would reduce the share of Padma in Bangladesh. But it is significant to mention here that it was done on an adhoc basis. Jagjivan Ram, a signatory of the agreement and India’s Minister for Agriculture, in a statement in the Lok Sabha on 21 May 1975, maintained, “Since the discussion regarding the allocation of the minimum flow of Ganga during the lean months are continuing between the two governments the present agreement is a provisional agreement to enable the running of the feeder canal.’Lack of any agreement for the lean season flow of Ganga at Farakka made Bangladesh anxious more than that of India and therefore, it raised the issue at different international fora.
Agreement of November 1977: The second agreement on the sharing of Ganga waters at Farakka was signed on 5 November 1977 when a non-Congress government under the premiership of Morarji Desai had taken over in India. With the change of guard at New Delhi, a climate of mutual understanding and cooperation created that paved the way for such an exhaustive and liberal agreement between the two countries. The signed agreement contained fifteen articles divided into three parts. The first part covered Articles I-VII and dealt with the terms and conditions of the sharing of Ganges waters during the lean season. Article II of the agreement provided for the sharing of waters from 1st January to 31st of May every year which was to depend on the actual availability of waters at the barrage. It also gave a guarantee to Bangladesh of 80% of its share for ten days 21-30 April, every year. Articles IV-VII were related to the setting up of joint committees of the representatives nominated by the two governments to observe and record the daily flow below the Farakka Barrage and in the Feeder Canal as well as at Hardinge Bridge. The Committee was to be responsible for supervising the implementation of the short-term aspects of the agreement relating to the division of the available waters during the lean season. According to part II of the agreement the Joint Rivers Commission was reactivated with a view to finding a long term solution of the problem. The third part (Articles XII-XV) dealt with the provisions of review and duration of the Agreement.
The latest agreement: The third and the latest agreement on the sharing of Ganga waters at Farakka was also signed during the reign of a non-Congress government on 12 December 1996. It was signed by Sheikh Hasina, the Prime Minister of Bangladesh, and her Indian counterpart H.D. Devegowda, who headed the government of a United Front. The treaty will be valid for 30 years with provision of review after every five years or earlier. The signed treaty provided that if the availability of water at Farakka is 70,000 cusecs or less, it will be shared between the two on 50-50 basis. If the quantum is between 70,000 and 75,000 cusecs, Bangladesh will get 35,000 cusecs while India will retain the rest. If the quantum rises above 75,000 cusecs, India will retain 40,000 cusecs, while the rest will go to Bangladesh. The lean period for both the countries starts in the first week of January and lasts 150 days. But the leanest period is between the middle of March to the first week of May. In addition, the 10-day hydraulic cycles giving the advantage to India and Bangladesh alternately, ensures that neither side will face a crisis during the period. The agreement of December 1996 on the sharing of Ganga waters at Farakka is for the longest period ever signed by the two countries.
— The writer is Professor and Head, P G Department of Political Science, Bihar, India.

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