The state government has declared that there will be 12 hours of power cuts daily in rural areas, 4 hours in urban areas other than Bangalore and only one hour in Bangalore. Mysore Grahakara Parishat has filed a complaint before the Karnataka Electricity Regulatory Commission stating that this discriminatory policy violates Article 14 of the Constitution of India "Equality before law.-The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India." MGP has urged that KERC should not allow the implementation of this policy.
Electricity consumers all across the state pay the same fixed charges/demand charges and so the government can not show preference to urban consumers at the cost of rural consumers and again to Bangalore at the cost of other cities in the state. The blatant discrimination evident in the announcement of the government is completely unacceptable.
The discrimination is especially galling since the government has not taken any steps to limit wasteful spending of power in urban areas (bill-board lighting, ornamental illumination, etc.) and the rural population has to pay for this urban profligacy
An obvious negative aspect of this discrimination is that the quality of life in rural areas is becoming intolerably low leading to large-scale migration to cities and the attendant social, economic and environmental problems.Such discrimination must not be a part of any welfare society.
The electricity supply companies or the state government has no authority to resort to such discrimination. Only the state electricity regulator is empowered to decide on such matters after careful deliberations and effective public hearing. Such unilateral decision on the part of the government (or the electricity supply companies) negates the tariff ruling prevailing in the state.KERC is mandated and empowered under Indian Electricity Act 2003 and Karnataka Electricity Reforms Act 1999 to supervise, control and direct the electricity supply in the state such that such discriminatory practices are eliminated.
MGP has drawn the attention of KERC to the fact that Electricity Regulatory Commissions of other states have acted to stop such discrimination. For example, in an order given on 5-5-2006, the Punjab ERC has ruled "The Commission further decides that the Board (Punjab State Electricity Board) should take adequate steps to minimize discrimination amongst consumers of different categories especially rural and urban domestic consumers as far as possible while imposing power cuts." In another order issued on 18-5-2007, PERC said "The Commission notes that there is disparity in the imposition of power cuts especially in the case of some urban centres and in rest of the State. The Commission observes that this clear discrimination between two sets of the same consumers seems to be iniquitous and without any rational basis. It would, perhaps, be best if power cuts are applied evenly in urban and rural areas of the State. If on the other hand the Board is still of the view that there are overriding compulsions to the contrary then it may draw up fair and transparent criteria that might justify any disparity in the imposition of power cuts." In a 2009 concept paper on power cuts the Uttarakhand Electricity Regulatory Commission has observed "If all such feeders are not required to be cut, requisite number of feeders only may be cut but on rotational basis so that all consumers bear the brunt of such power cuts" and then again "The practice of exempting some cities for their perceived importance should be stopped and all urban areas should be treated similarly." These are some persuasive precedents.
There are also growing suspicions in the minds of the public whether the power shortage is real in light of the copious rainfall all over the state this year. Therefore, MGP has requested KERC to
1. decide, after due public consultations and its own deliberations, whether thereÿ will be a real deficit of electricity in the state between now and June next year;
2. pass an order for improved supply side management and demand side management to overcome the deficit, if any, and
3. if the rationing of electricity is necessary, pass an order for its equitable distribution among various consumers.
Shankar Sharma, Mysore Grahakara Parishat