It becomes an inter-state dispute when such interference has impact on a neghbouring country. Not only rules of international law but also good will towards a neighbour are at stake. That is why empirical evidence suggests that a country who plans to interfere with the traditional flow of river, whatever its purpose, should discuss the issue with a neighbouring country prior to its action.

Against this background, the proposed construction of the Tipaimukh Dam has naturally emerged as another prickly thorn in Indo-Bangladesh relations. It is not understood why India has allowed this controversial dam to be built without disclosing the layout of the dam with Bangladesh.

It is reported that India (North Eastern Electric Power Corporation Ltd.) has floated an international tender for the construction of dam on the Barak river in Manipur state for generating 1500MW electricity at the cost of Indian Rs.6,000 crore.

Why Bangladesh is involved?
If the dam would have been built deep inside India's south, Bangladesh would have nothing to say in the matter, but the proposed dam is only 100 km away from Bangladesh border and even at the construction phase will have an impact on Bangladesh, let alone after its completion.

Although the dam is designed to generate electricity and not to divert water from the river, the fact is that India by constructing it is to change or modify the traditional flow and use of the Barak river, that constitutes the source of two rivers, Surma and Kushiara, in Sylhet, which in turn feed the mighty Meghna river of Bangladesh.

The anxiety for Bangladesh is that India has not taken Bangladesh into confidence on the details of the dam and therefore Bangladesh cannot properly assess as to how the dam will affect Bangladesh.

Bangladesh is hurt that India fails to understand and respect the sensitivity of a small neighbour by constructing unilaterally the proposed dam, violating its obligation towards Bangladesh under rules of international law and contrary to good neighbourly relations.

Tipaimukh Dam and its effects on Bangladesh
The use of water of rivers is of two kinds: (a) non-consumptive and (b) consumptive. Non-consumptive use does not reduce the flow of water of the river, while consumptive use reduces it. For example, dam for hydro-electric power (Kaptai Dam) may be called non-consumptive use, while diversion of water through barrage and feeder canal (Farakka Barrage) is for consumptive use.

Although Tipaimukh Dam may not reduce water, it certainly changes the traditional flow of water that has been running since time immemorial.. The change of river flow of water through construction of a dam would have many ramifications on the lower riparian country, Bangladesh.

The adverse effects of the Tipaimukh hydro-electric dam could be several and some of them deserve mention below:

First, the days of construction of huge hydro-electric dam have gone because some the big dams constructed in the 50s and 60s have deleterious effects on environment. The World Bank does not favour any more construction of dams due to their mass environmental vandalism. The Aswan Dam (1964) has caused ground water level to rise with increased salinity, destroying Egyptian antiquities. The consequences of the change of the normal annual flow of the river due to the Tipaimukh storage dam are not known from environmental point of view.

Second, uncertainty of the structure of the dam or collapse of the dam from earthquake or any natural calamity (northeastern Indian states are believed to fall on fault lines), causing release of storage water will have unknown adverse impact on Bangladesh, including severe flooding of lands of millions of people in Bangladesh.

Third, the quantity of release of water from the dam by India to Bangladesh is not known. The change of quality and normal flow of water will affect cultivation of crops. No one knows how it affects wetlands in Sylhet district.

Fourth, major rivers including the Padma, Teesta, Brahmaputra and their tributaries are reportedly drying up in Bangladesh due to continuous withdrawal of waters of common rivers in the upstream through India's various dams and river construction work. Another huge dam certainly poses a threat to Bangladesh.

Finally, the dam will have adverse effect on Bangladesh's economy. As a regional power, India has certain responsibilities to its neighbours. It is not understood as to why India ignores such responsibilities at a time when regional economic cooperation under Safta is being enhanced and consolidated. There is a perception in Bangladesh that India does not care for people of Bangladesh.

Last December, at the International Tipaimukh Dam Conference (ITDC-2005) in Dhaka, participants from Assam and Manipur stated that the dam would affect livelihood of 73 villages on the Indian side alone, of which 15 would be inundated. An Indian activist, Rabindranath said Tipaimukh Dam would turn hundreds of indigenous people in Manipur into beggars. Devabrata Roy of Manipur said that the dam had the potential of inflicting a "cultural genocide" on indigenous people. He also said that tons of rocks and mud rolling down from Tipaimukh Dam construction site would choke rivers of Bangladesh.

Broader picture
The construction of Tipaimukh Dam cannot be isolated from the broader picture of Indo-Bangladesh relations. Currently the state of bilateral relations is not at its best. India perceives Bangladesh uncooperative and inward-looking, while Bangladesh thinks India uninterested and obstructive.

Pending bilateral issues, such as ensuring peaceful border, border fencing, illegal movement of people, non-implementation of the 1974 Mujib-Gandhi Agreement including the non-exchange of enclaves with each other, unresolved sea boundary, dispute over the ownership of Talpatty Island and huge trade deficit with India, cast a shadow on bilateral relations and the proposed dam further adds complication of the state of bilateral relations

The proposed construction of dam without the input of Bangladesh seems to confirm the perception of India's gross insensitivity to interests of Bangladesh. Perception of people matters most in bilateral relations.

Conclusion
Some say that the power and strength of a big neighbour is like beauty; if you have it you don't need to go around saying it. India does not need to show its power and strength to Bangladesh in building the dam without any consultation with it. Bangladesh is disappointed with the unilateral construction of the Tipaimukh Dam as it appears to unnecessarily twist the arms of Bangladesh.

Trust and mutual respect for each other constitute the edifice of long term good relations. The relationship needs constant nurturing and care. The bottom line is while Bangladesh does not compete with India, it does not appreciate being pushed around by a big neighbour.

Barrister Harun uir Rashid is a former Bangladesh Ambassador to the UN, Geneva.