Punjab govt fails to update canal law
The Punjab irrigation department still takes legal action against canal water thieves under a 148 years old law, while the fields are irrigated through the traditional methods with water worth around Rs25 billion annually.
A law enacted in 1873 is being enforced to crack down on canal water theft and protect groundwater. No government of the country has paid attention to updating the laws related to getting water supply by breaching or installing pipes.
Legal action is taken against those involved in water theft, but the fines and other punishments included in the almost one and a half-century old law are low as compared to the seriousness of the offences. The fines are of a few thousand rupees and no severe action is taken over nonpayment. Because of the weakness of the law, irrigation water worth billions of rupees is reportedly stolen every year in Punjab, including Lahore.
The Canal and Drainage Act was enacted during the British rule. It was an important step towards the expansion of British rule in Punjab. Under the same act, the expansion of the irrigation system in northern India began and the Khanki Barrage was built on the Chenab River. This was the first barrage in the areas that are now in Pakistan.
The main purpose of the act of 1873 was to provide legal protection to the British control in the region, to assist the district administrations and to significantly increase the revenue from the canal system. During the period, canal irrigation was on the rise and it contributed a big part of the government revenue.
Read more: Nespak, irrigation dept to build small dams
The focus of the act was on irrigation of canal lands, while there was no water supply to urban areas.
After the formation of Pakistan, agriculture flourished but the use of groundwater gradually increased along with the demand in urban areas.
On the other hand, the demand for water for industrial and commercial needs also increased and the old act proved insufficient to cover all the developments.
The need for comprehensive legislation about the use of canal and groundwater was felt.
Irrigation experts say the legislation should be carried out while keeping in view the issues of pollution, water scarcity, misuse of groundwater, industrial and commercial demand. They said the important issues had not been addressed adequately. According to the statistics of the irrigation department for the period since May last year, a total of 10,602 breached water outlets were restored to their original size during the months.
As many as 15,557 cases of water theft were reported to the police, among which 2,837 FIRs were registered and 801 suspected water thieves were arrested.
The main purpose of the legal action is to supply water to the tail ends of the channels so that farmers in all areas get their share. Farmers have also been found stealing water by installing generators and their own pipes in the canals.
When contacted, Punjab Irrigation Minister Mohsin Khan Leghari said new policies were being prepared for equitable distribution of canal water and prevention of water wastage and theft. He said new measures to improve the performance of the employees of the department were being finalised.
"A project has also been launched to upgrade the barrages, which will cultivate millions of acres of land and benefit the farmers. The law of 1873 is also being amended to ensure the fair distribution of water," the minister added.
He said the action against water theft would continue on an indiscriminate basis.
Published in The Express Tribune, March 22nd, 2021.