Scrap the EIA proposal, save the citizen

Jyotishka Mondal.

While reading  proposals contained in the 83-page EIA (Environment Impact Assessment) Draft Notification, (2020, https://environmentclearance.nic.in/writereaddata/Draft_EIA_2020.pdf ) notified during March, 2020, by the MOEFCC and published in their website, some of the proposals and the entire Draft will put the citizens in deep concern.

It is to be mentioned that  the Article 48 -A of the Constitution says that “the state shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country” and  India is a party to several environmental accords and treaties that emphasis on protection of environment and reduction of global warming.

At the time when the globe is almost on the brink of environmental collapse and the young generations are demanding ‘climate justice’, I think that the proposals in the EIA Draft Notification will weaken the Environment Protection Act of 1986 instead of strengthening it further. Also, it would increase the probabilities of occurrences of disastrous incidents such as Bhopal Gas tragedy ( ) etc. I believe that the current EIA Draft needs immediate revisions, if not revocation, because :

1) Post-Facto Clearance – Please refer Page No. 1, Para 5.

Any construction project getting an environment clearance after the beginning of the project is a dangerous decision because until the industry gets the necessary Environment Clearance, it would already cause enough damage to the Environment. For example, if a coal mine, without any clearance, cuts-off a sizable amount of forest for setting-up their mines, then, according to the government, it is not illegal as the government can give them clearance afterwards when the damages will already have been done. And, even if their actions are later found illegal and the company is not given the clearance, the damage cannot be replaced. Even the Supreme Court, in one of its judgments during April, 2020, has disapproved Post-Facto Clearance and observed that this kind of laws should not be implemented.

(https://india.mongabay.com/2020/04/government-pushes-for-post-facto-environment-clearances-while-apex-court-disapproves/)

2) Reduction of Public Hearing Time from 30 to 20 days – Please refer to Page No. 47, Point No. 3.1, last line.

 The current time of 30 days is not enough for the common people to be heard, but this Draft is proposing that this time to be cut-off even shorter. Imagine about the construction of a large dam which usually takes around 7-8 years, and public hearing time will only be for 20 days! It is very difficult for the common villagers to evaluate the impact of this construction on their lives and register their concerns with the government offices within just 20 (or even 30) days!

 3) Exemptions from Public Participation – Please refer to Page No. 29, Point No. 22, sub-point no. a – d.

It would be very undemocratic to prevent public participation when they report injustice and this proposal of the current EIA Draft does exactly that. According to the proposal of this Draft, in case there is a violation of any environment law, people won’t have any right to point that out to the concerned authorities or the government, instead, only the “project proponent” (i.e. the violator themselves), the “Government Authority”, “Appraisal Committee” or the “Regulatory Authority” can point that out! It really is a disastrous proposal. For example, if some company has planned to make a plant within the area of a National Park, I, as a conscious citizen, instead of being aware that it is a violation of the environmental laws, cannot point this out to any authorities. Now, it is very unusual to believe that the violator themselves, or even the government, would take suo-moto cognizance and point this out to the concerned authorities. If this proposal is implemented, it would freely violate the environmental laws and the exploitation of natural resources will continue.

 4) Strategic Exemptions – Please refer to Page No. 9, Point No. 7.

According to the proposed EIA Draft 2020, the central Government will alone define ‘Strategic Development’ regarding any project and won’t reveal any information to the people. This can and will be misused highly in the name of ‘national security’ with the ‘comfort of secrecy’. The government officials can declare any construction as a strategic development and can refuse to disclose related information to the public. If a company builds a factory in a forest by felling-off a large area, and if the citizens raise their voice and demand related information, the government officials might stamp it as ‘strategic’ and restrict public hearing, even if it is not a matter of National Security. Thus, silencing public will lead to further exploitation of natural resources.

 5) Additional Exemptions from Public Consultation – Please refer to Page No. 9, Point No. 2, sub-point nos. a, b, c, d… etc. and Page No. 3, Point No. 6.

This Draft proposes a number of other projects where public consultation won’t be made at all. For example, it mentions quite a few number of cases where public consultation won’t be made with sub-points. Please refer to sub-point no. ‘f’, that reads “all linear projects under item 31 and 38, in Border Areas”. Now, if you go to Page No. 3 and Point No. 6 and see the definition of “Border Areas” there, you would find that it “…means area falling within 100 kilometers aerial distance from the Line of Actual Control with bordering countries of India;” 100 kilometers is really a great expansion of area. Basically, this definition encircles the entire North-East regions of India, where people will have almost NO scope to share their opinion in any kind of construction/ project in those areas, whereas, this particular region is highly ecologically sensitive area. It consists of so many forests, which are still existing there that maintain a great ecological balance for our country. This new Draft would really extremely jeopardize this region if implemented. Imagine, forests can be felled-off, constructions can be made, projects can be planted without having any consultation with the people who are the part and parcel of this region!

In my opinion, therefore, in the light of the above points I have cited, the new proposed EIA Draft will surely dilute our combat against climate change and global warming and would only ease the way of a few individuals to fulfil their everlasting greed of wealth ruining our future. An immense loss will be suffered by the environment if the Draft is implemented, which it really cannot afford at this stage. The new EIA Draft is a step taken by the government ‘to boost business activities’ in India but it will actually end up pulverizing the rich biodiversity of the country.

 Hence,  THE MINISTRY SHOULD COMPLETELY WITHDRAW THIS DRAFT FOR THE GREATER INTEREST OF OUR COUNTRY.