Developments in legislating dam safety in India: a tale of ifs and buts?

Given the many dams worldwide, safety is critical as a dam failure can negatively impact human health, property and environment. India has substantial stock of dams, ranking third after US China. However, about 80 percent its large are over 25 years old, nearly 227 100 years. These ‘geriatric’ continue to function but raise serious concerns, with classic example being 127-year-old Mullaperiyar Dam. Although India’s track record more or less satisfactory, there been poor maintenance several failures. Even though ‘water’ under Constitution matter that States determine, recently enacted Dam Safety Act, 2021 at national level. Many have expressed criticism this statute for ‘anti-federal’. This article evaluates law on in by highlighting salience Act. The core argument given legislative laxity part adopting measures, limitations State legislate beyond borders, Union did need intervene via By enacting statute, not usurped States’ powers. Instead, it fortified cooperative federalism creating institutional structures central levels ensure compromised people do lose their lives unnecessarily.