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Respected Sir,
We take
the privilege of introducing ourselves. We are a group of environmental
and human rights activists working in Bangladesh with the objective to
promote environmental justice on the basis of accepted legal and
customary norms and principles.
We hereby express our
deep concern about the move taken by the Government of India to
implement a multi million dollar river linking project to divert vast
quantities of water from the rivers Brahmaputra and the Ganges, the two
major river systems shared, among others, between India and Bangladesh.
We are distressed to note that such mega project is being
undertaken by India unilaterally without any consultation with the lower
riparian Bangladesh, a country created and sustained by the waters of
these shared resources upon which such project shall have devastating
effects.
From
records of judicial proceedings and also newspaper reports, we know that
the project is also being judicially scrutinized by your lordships.
Considering the fact that there has so far been no consideration of the
concerns of Bangladesh by the judiciary while dealing with the case
concerning the project, we have already written to the Hon’ble Chief
Justice of India seeking review of the Supreme Court orders on the
project and also an audience for a face to face discussion (copy
enclosed).
While we eagerly await
response to our earlier letter, we have recently been attracted to a
news item published in a national daily dated 12 November, 2003 (copy
enclosed) where, citing a report published in The Shillong Times of
India dated 11 November 2003 it has been stated that “...the Supreme
Court on Monday gave six weeks’ time to the central government to file
an affidavit, disclosing details of the progress made under the second
action plan of inter-linking of rivers in the country...”
We beg
to state that the unilateral move on part of the Government of India to
withdraw water from the common shared rivers of Brahmaputra and the
Ganges violates the accepted principles of customary international laws
on equitable utilization of shared waters, obligation not to cause
significant harm, cooperation, equitable participation and exchange of
information between watercourse states and so on. The harms that this
river linking project of India are predicted to cause shall negate the
commitments of the Government of India as made under international laws
on protection of biological diversity, wetland, global heritage and also
defeat its constitutional commitment as expressed in Articles 51
regarding promotion of international peace and security. The project, if
implemented, will also frustrate India's obligation in particular under
Article IX of the Ganges Water Sharing Treaty, 1996 and grossly
undermine institution like the Joint River Commission (JRC).
It is
worth-mentioning that in a recent meeting of the joint River Commission
held between Bangladesh and India in New Delhi the Indian
representative, as appeared in the newspapers (copy enclosed),
categorically confirmed that the project is at a mere conceptual level
whereas the judicial pronouncements and Indian official documents like
“Interbasin Water Transfer Proposals” (National Water Development
Agency, New Delhi, March 2003, p. 3) suggest that the Indian authority
has already completed feasibility studies of six links!
Given
the fact that the project, if implemented without due consideration of
the interests of Bangladesh, shall cause serious harm to the people,
nature and ecology of Bangladesh, we seek an audience with your
Lordships to further clarify our position on the project on such date
and time as may be convenient for all concerned.
We are
confident that the Indian Supreme Court shall decide on the river
linking project only in due consideration of the greater cause of nature
and people who depend on nature.
We sincerely hope that
the global community will benefit from the integrity of the Indian
judiciary that on many notable occasions, has uphold and promoted
notions of rights, duties and justice.
Thanking you.
With profound
regard,
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