Sardar Sarovar Oversight Group Violating its Terms of Reference
Prime Minister Must Recall Group and Halt dam's Construction

To:

Prime Minister Manmohan Singh

Chair and members, Sardar Sarovar Relief and Rehabilitation Oversight Group (OSG or .committee.)

Director and teams, National Sample Survey Organization (NSSO)

Sonia Gandhi, Leader of ruling coalition United Progressive Alliance

Prof Saifuddin Soz , Water Resource Minister

Dear Prime Minister Manmohan Singhji; Sonia Gandhiji; Oversightsight Group chair and members V K Shunglu, G K Chaddha and Dr Jay Prakash Narayan; Director and 40 teams of National Sample Survey Organization and Prof. Saifuddin Soz who led the Group of Ministers,

The terms of reference (TOR) for the Prime Minister-appointed Sardar Sarovar Relief and Rehabilitation Oversight Group are to conduct sample surveys and ascertain rehabilitation needs. In the TOR [Reference 1], the language is very clear:

"it will undertake sample checks to ascertain the facts of rehabilitation."

"Estimate, on the basis of sample checks, the number of Project Affected Families who   may not have received so far.."

"Ascertain, on the basis of sample checks, if offers of alternate land to eligible oustees   were made in a fair and transparent manner"

The OSG has called upon the services of the National Sample Survey Organization (NSSO) to:

• survey EVERY family -- while the NSSO's expertise lies in surveying "samples"
• complete by June 19 -- while the raison d'etre of "sample-surveys" is to get quick results.

The Union Government's Additional Solicitor General (ASG) has assured the Supreme Court that sample checks will not be conducted. Indian Express reports on May 9, 2006: "He [ASG] assured the court that the committee's survey would not be restricted to any sample and would cover almost the entire area where rehabilitation was being done." [Reference 2]

The same is reflected in the OSG decisions taken on 27-28th April, 2006, which do not talk about sample-checks. These decisions have been quoted by SC in its May 8 order. [Reference 3]

Why are the Prime Minister's Terms of Reference being violated by the OSG? Why are sample-checks not being done? Clearly, it is to bide more time so that the dam construction is completed to 121.9 mts or thereabouts by the time the survey of each and every family of the entire area is done in June.

We demand of the Prime Minister that he hold the Oversight Group responsible for taking tasks beyond its Terms of Reference and thereby failing and moreover losing crucial time required to accomplish its actual Terms of Reference. From its commissioning on April 24 till May 8, the Oversight Group failed to conduct sample checks, resulting in no relevant information being presented to the Supreme Court by the Union up to May 8. Since the OSG has been appointed by the Prime Minister in order to assess and ensure rehabilitation up to 121.9 mts dam height, and since the OSG has not undertaken "sample checks to ascertain the facts of rehabilitation" that were its Terms of Reference, there is no time to be lost and we urge Manmohan Singhji to take responsibility and immediately halt construction of Sardar Sarovar dam which is being built to 121.9 mts without rehabilitation of tens of thousands of families.

In fact the Supreme Court has empowered the Prime Minister to take the decision to halt construction at any time, even before the dilly-dallying committee reports. In its May 8 order, the Court has stated, "We hope and expect that the Prime Minister  will be able to take a decision on or before 3rd July, 2006." Contrary to some of the press reports, the Court has not ordered the Prime Minister to wait for the dysfunctional committee's report. [Reference 4]

We as concerned civil-society, further demand that the NSSO conduct either random samples (in the scientific tradition of picking truly random housholds) or that it survey intelligent samples by going to villages and sites recommended by opposing parties to the dispute -- namely Narmada Bachao Andolan and the Narmada Valley Development Authority. This should not take more than a week since it was going to survey more than ten thousand families in 1 months time. Accordingly we demand that the NSSO produce its report in 5-7 days, that is by May 17, and in the true scientific tradition state its method of sample selection.

We don't need to stress that a random sample size of about 500-1000 families has a statistical margin of error of about 3-5% and is all that is needed to establish the severity of rehabilitation lapses. To know whether 100% are rehabilitated or whether 95% are rehabilitated is not the main issue, when tens of thousands of families amounting to greater than 50% of the displaced families are not rehabilitated as per the Narmada Tribunal Award. Moreover to ensure that no one is left unrehabilitated, not even small numbers like 5%, one does not have to survey every family -- one just needs to visit native villages where unrehabilitated families under 121.9 mts and backwater are still residing and visit rehabilitation sites meant for these families that are barren and lie incomplete. No houses have been built in many sites in Madhya Pradesh because the houseplots, electricity, water etc were not readied in time and even now plots (not houses) are just being formulated. Tens of thousands of acres of agricultural land have been given to more than ten thousand families, now resettled in Gujarat and Maharashtra. However in Madhya Pradesh there is no transparent process for providing cultivable, agricultural land. As a result only a few hundred acres have been allocated so far, thereby violating the land-for-land rehabilitation provisions of the Narmada Tribunal Award. Such lapses are self-evident even from state governments' own figures. These are undisputed facts that any expert body can quickly establish. Madhya Pradesh, we remind you, has the maximum number of displaced families and should have allocated the most land.

Prof Saifuddin Soz and his group of ministers did precisely what the NSSO and the OSG should have done by now. They surveyed intelligently in just two days and got to the heart of the issue by visiting villages recommended by NBA and NVDA. As survey experts the NSSO should do this work much faster rather than slower.

There is a lot of oversight in the oversight committee. It is two and a half weeks since the Over Sight Group has been established and yet the group has not visited a single Narmada Valley submergence villages. In fact SC order of May 8 quotes that in its first meeting, the OSG set itself the following timeline: "OSG to visit some villages after 15th June, 2006" The SC clearly is disappointed and expected faster action since it diplomatically revises this later in its order: "The Group has decided to visit some villages by 15th June, 2006." It is great shame for the nation that we are homing in on 15^th June, the date of normal arrival of monsoons in the Narmada valley as well as date by which dam construction almost gets completed in this disgraceful manner. With June 19 given as a deadline to NSSO we are hearing promises that the rehabilitation will be completed by the first of July. By this time submergences due to 121.9 mts will be in full fury. So many days to visit and survey and then just 11 days to complete the rehabilitation? Is this the extent to which India has stooped? Having taken everything from the displaced adivasis and farmers of the Narmada valley, and having denied their rights so far, are we going to make them beg for our charity now?

It is utterly ridiculous that violent actions like ransacking offices, tearing film posters, censoring movies and threatening violent repercussion in Gujarat move the Union government to act while the real situation of breakdown of the rehabilitation law set by the Narmada Tribunal Award is just taken as something that is pardonable. In a recent Times of India interview, Medha Patkar's mother mentioned that Medha has done more than 300 days of fasts in her life time so far. It is sad that only after her fast-unto-death last month did Prof Soz visit the Narmada valley and conduct his ground situation assessment. Does the Oversight Group need her to gather her Gandhian courage and once again challenge death to adhere to its terms?

Every thinking and well-meaning member of the Oversight Group should take responsibility for violating their Terms of Reference. They must listen to their inner conscience and if it decrees, apologize and resign from OSG. Sonia Gandhiji has listened, acted and resigned in a few occassions to good effect. We demand that the Prime Minister recognize his Group has failed the Nation and halt construction of the Sardar Sarovar dam and order land-for-land rehabilitation of the Narmada Valley village families.

We the citizens of India and its well-wishers,

References:

1. "The Oversight Group will report on the status of rehabilitation in Madhya Pradesh of the Project Affected Families to the Prime Minister, through the Minister of Water Resources.  For this purpose it will undertake sample checks to ascertain the facts of rehabilitation."
   -- Responsibilities and Terms of Reference of the Oversight Group: http://narmada.aidindia.org/content/view/42/26/
   (many of the terms are also quoted in Supreme Court Order of May 8 in Reference 3)
   
   
2. "The order came after Additional Solicitor General Gopal Subramanium told the court that the PM had constituted a panel comprising former Comptroller and Auditor General V K Shunglu, ex JNU Vice Chancellor G K Chaddha and Convenor of NGO Loksatta Dr Jay Prakash Narayan to oversee the rehabilitation work. The committee, he said, had tied up with National Sample Survey Organisation and constituted teams which would collect data of the affected people and status of relief works. He assured the court that the committee.s survey would not be restricted to any sample and would cover almost the entire area where rehabilitation was being done."
   -- Indian Express, May 9, 2006. http://www.indianexpress.com/story/4065.html
   
   
3. Decisions taken by OSG are reported in Supreme Court Order of May 8, 2006 and have nothing to do with sample-checks. Please see court order at: http://courtnic.nic.in/supremecourt/temp/wc32802p.txt or http://narmada.aidindia.org/content/view/49/26/
   
   
4. More quotes from SC order at the above links:
   "OSG to visit some villages after 15th June, 2006.";
   "The Group has decided to visit some villages by 15th June, 2006.";
   "We hope and expect that the Prime Minister  will be able to take a decision on or before 3rd July, 2006"