The Re-Beginnan | Vol.2 | Issue 9
If this pandemic has taught us anything, it is that we as a human race lack ‘foresight’. Virologists and scientists had been warning us for a long time about a ‘probable pandemic’, but we didn’t pay any heed. Similarly, now if we don’t pay heed to law changes in our country, it will change our future irreversibly and unimaginably.
Firstly, what is EIA?
Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural and human-health impacts, both beneficial and adverse.
United Nations defines the purpose of EIA as alerting decision-makers, regulatory agencies and the public of environmental consequences of projects “so that those projects can be modified, if need be, to prevent environmental deterioration, to avoid construction errors and to forestall economic losses caused by negative side effects”.
What’s the Deal?
The Union Ministry of Environment, Forest and Climate Change (MoEFCC) revealed the draft EIA to the public in March 2020 in an endeavour to replace the 2006 version of the law. The notification is being criticised strongly by environmental activists nation-wide. The exemptions in the proposed notification would defeat the purpose of having EIA itself. In the public view, draft EIA 2020 is pro-industry and anti-environment and anti-people.
We are amid a pandemic and the major stakeholders (in the rural areas of our country) affected by the change in the law aren’t even aware of the draft EIA 2020 notification. On 30th June 2020, Delhi High Court extended the deadline for public to express their views on the draft EIA to 11th Aug 2020. The Delhi High Court also ordered MoEFCC to translate the draft into 22 languages, as the law will have a potential impact on a large section of the society. The draft has yet not been translated to any of the 22 languages.
The general view is that it is not ethical to introduce a monumental change during the pandemic when people are already worried about their health and security. The COVID crisis should not be used as a distraction to take such a consequential decision.
As per Pundits, the new draft EIA notification 2020, proves to be a regressive departure from the previous version.
Reality Check: Incidents due to Environmental violations in recent times
Looking at the above incidents, our environmental laws need strengthening. But is the EIA 2020 notification hinting at a stronger law or making it easier for industries to circumvent the whole environmental clearance procedure?
Why is The EIA 2020 Notification Problematic?
1) Exclusions and Limitations to Public Participation central to EIA Finalisation Process:
· Excluded: Projects marked as ‘Strategic Considerations’, modernization of irrigation projects, inland waterways, expansion of national highways, all projects concerning defence & national security and most building construction & area development projects.
· Excluded: Projects that decide to increase their capacity by 50%.
· For other industrial projects, the number of days allotted for public consultation for the EIA report finalization has been reduced to 20 days from 30.
2) Reporting of Violations by only Government Authorities or Project Proponent:
· Violation of environmental laws can only be reported by a government authority or by the developer of the project. i.e. environmental activists, researchers, general public or scientists will not be able to report violation of environmental norms by any project.
3) Post-facto Environmental Clearance:
· Post-facto clearance shall be granted against a penalty which will be fixed at 1.5 times of the “ecological damage assessed and economic benefit derived due to the violation” if it is reported by the project proponent or 2 times if a violation is reported by any government agency.
· Allowing projects which are currently running without EIA approvals to take post-facto environmental clearance is fundamentally sanctioning of illegal projects. This will regularize the legalization of projects without EIA approvals.
· The provision will enable industries to circumvent the process of EIA which is so far mandatorily conducted. Post-facto assessment defeats the very purpose of EIA.
· In the view of the Supreme Court, post-facto clearance is against the provision of Environment Protection Act, 1986 and Article 21 (Right to Life and Personal Liberty) of the Constitution.
· Further, environmental clearances won’t be required to increase the production capacity by as much as 25%.
4) Frequency of Compliance Report Submission:
· Environmental Compliance Report to be submitted once a year compared to the previous frequency of twice a year (every 6 months).
· This shall institutionalise the reduction of quality and environmental checks.
Conclusion:
The kind of urban growth India will see in the near future will have multiple impacts on the environment like water shortages and air pollution. This calls for even stronger environmental laws and regulations.
Is the liberalization of the EIA being done to revive the economy after the pandemic? Is the government trying to make major laws changes camouflaging behind the COVID crisis? Is the EIA 2020 pro-industry and anti-people? Probably, it will boost our industries, economy and drive more FDI to the country but at what cost? These are questions one needs to ask…
