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Beneficiary Participation in Irrigation Water Management: The Kerala

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6. Measures of Reform<br />

After hav<strong>in</strong>g identified the possible reasons for the failure of BFAs, we may now deliberate<br />

on the possibilities of improv<strong>in</strong>g their work<strong>in</strong>g, based on the views obta<strong>in</strong>ed from our<br />

respondents, the documentary evidence obta<strong>in</strong>ed from BFAs, CCs, and CADA officials and<br />

our own field observations.<br />

Legal support<br />

<strong>The</strong> Central CADA Act, 1976, and the <strong>Kerala</strong> Act of 1986 stipulate that legal action on<br />

malpractices be <strong>in</strong>itiated by officials of CADA, by report<strong>in</strong>g such <strong>in</strong>stances to police, who,<br />

<strong>in</strong> turn, would take steps to punish the guilty. <strong>The</strong> acts passed by the various other State<br />

legislatures also have this provision. In actual practice, these expectations were belied <strong>in</strong><br />

several States. <strong>Irrigation</strong> officials promptly reported malpractices to the police; the police<br />

did not however, take appropriate action due, accord<strong>in</strong>g to them, to reasons of limitations of<br />

men, materials, resources, and time. In some cases, <strong>in</strong> which the police did really <strong>in</strong>tervene,<br />

such as <strong>in</strong> Maharashtra and Tamil Nadu, the situation went worse; fresh malpractices began<br />

to be committed allegedly with the connivance of the police, by the rich and the powerful <strong>in</strong><br />

the rural areas.<br />

Such bitter experiences led to some re-th<strong>in</strong>k<strong>in</strong>g. As a result, officials of the irrigation<br />

department began to be empowered by accord<strong>in</strong>g them legal support for tak<strong>in</strong>g direct action<br />

aga<strong>in</strong>st offenders rather than report<strong>in</strong>g the cases to the police and wait<strong>in</strong>g for them to take<br />

remedial action. Ren Hongzun and James E Nickum, <strong>in</strong> their paper 53 strongly advocated<br />

for better legal support to irrigation officials <strong>in</strong> Ch<strong>in</strong>a. <strong>The</strong>y po<strong>in</strong>ted out that Ch<strong>in</strong>a’s irrigation<br />

system lacks an organisation with authority, that many of the problems aris<strong>in</strong>g from<br />

malpractices are due to lack of proper authority and that none of the management organs<br />

has specific, effective authority over water-use and management and that therefore new<br />

water laws were to be promulgated. George Chakacherry also came out with the same<br />

conclusion <strong>in</strong> his study relat<strong>in</strong>g to <strong>Kerala</strong> irrigation water management. In <strong>Kerala</strong>, the rules<br />

rema<strong>in</strong> unchanged from their 1986 position. Hence, whether to accord greater legal support<br />

to irrigation officials was a question which we posed to our respondents – farmers, irrigation<br />

officials, and bureaucrats.<br />

On the issue of the competency of the police <strong>in</strong> prevent<strong>in</strong>g the violation of irrigation rules <strong>in</strong><br />

force, the response was wholesome and decisive. Nearly 95 percent of the respondents were<br />

of the view that the police was not the agency to be entrusted with cases of such malpractices.<br />

Giv<strong>in</strong>g more legal powers to BFAs is likely to fetch them better co-operation from all<br />

concerned, particularly from the various officials of the departments of government who<br />

had not even given a patient hear<strong>in</strong>g all these years. In our <strong>in</strong>terviews, more than four-fifths<br />

of the respondents supported the idea of giv<strong>in</strong>g BFAs the legal status necessary to take<br />

direct action aga<strong>in</strong>st malpractices.<br />

<strong>The</strong>ir demand must have been the result of the bitter experiences they had from the<br />

bureaucracy: denial of BFA demands, procedural delays, and <strong>in</strong>sensitivity to farmers’<br />

grievances.<br />

71

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