For the past few months, there has been a public outcry over the draft Environment Impact Assessment Notification, 2020. Activists, environmental groups, biologists and students have claimed that the notification is “anti-people”, “anti-environment” and “pro-industries”. 

Environment Impact Assessment (EIA) is a formal legal process which examines, evaluates and predicts the environmental denouement of any developmental program or project. The concept of EIA has its roots in the US. Espousing neoliberal policies in the 1970s, the country passed environmental laws by bringing in two important systems for environmental decisions – scientific assessment and public participation.

Due to huge public pressure, the EIA process was founded by the enactment of the National Environmental Policy Act, 1970. On one side, it acts as a key to control the activities of private entities and on the other hand, it is a pre-requisite for grants or loans by international financial institutions. EIA is statutorily backed up by the Environmental Protection Act, 1986, which was enacted after the Bhopal gas leak disaster in 1984. Before 1994, it was an administrative requirement for mega projects to obtain environmental clearance from the central ministry. A new EIA legislation was notified by the Ministry of Environment, Forests and Climate Change in 2006. This was further redrafted by the ministry in 2020 to make it more transparent and expedient. EIA was fundamentally brought into effect for public good. But, in reality, it has a contrasting effect.

Some Important Provisions in the New Draft EIA, 2020

·         It defines 3 categories of projects namely A, B1 and B2 founded on the social and economic impact, and geographical extent of these impacts.

·         It envisages 2 kinds of approval – prior environment clearance (EC) with the approval of expert committees and environmental permission or provision (EP) without the approval of expert committees.

·         Almost 40 different projects such as clay and sand extraction or digging well or foundations of buildings, solar thermal power plants and common effluent treatment plants are exempted from prior EC or prior EP.

·         Several projects such as all B2 projects, irrigation, production of halogens, chemical fertilizers, acids manufacturing, biomedical waste treatment facilities, building construction and area development, elevated roads and flyovers, highways or expressways are exempted from public consultation.

·         Ex Post Facto Clearance of Projects: In March 2017, the Environmental Ministry passed a notification stating that any project functioning without EC can apply for environmental clearances. Now, this scheme is turned into a permanent move through the draft EIA, 2020. Primarily, all the industrial units and projects operating illegally without environmental clearance have an opportunity to turn into legal units under this provision by submitting a remedial plan and by paying the prescribed penalty. Even if the environmental clearance for such project is rejected ultimately, the damage done to the environment would be irreparable. Any projects which may have grabbed land illegally or by coercion or by fraud and operate without environmental safeguards, too, have an option to benefit from the scheme. The Supreme Court, in a case related to the industrial units functioning in Gujarat without prior environmental clearance, passed an order stating that post facto clearances are against the jurisprudence of environmental law and it is detrimental to the environment.

·         According to the new draft construction of buildings below 150000 square meters (size of a small airport or stadium) do not require environmental clearance. The Centre for Science and Environment states that the construction boom in India will make the cities unfit to live due to large amount carbon emission, waste generation and water effluents which pollute the environment.

·         The validity period of environmental clearance has been increased for mining, river valley and other projects and this section does not sync with the object of the notification or the parent act. Mining projects are extremely hazardous and can cause destruction if not properly supervised. Increasing the validity of EC for all the projects will not protect the environment.

·         Further, several projects like highways and building construction were exempted from public consultations, which is the cornerstone of EIA process.

·         The draft contains a provision for both cases of violation and non-compliance reported by the project proponent or the government authority. The draft notification did not enable the public to submit such reports of non-compliance and violation.

·         It is mandatory for the project proponent to submit compliance report once every year. This provision will reduce the responsibility on the officials. On the other hand, it gives an opportunity to the industrial units to violate the regulations and safeguards. Previously, the report would have to be submitted twice every year.

The present draft EIA Notification goes against the concept of polluter pays principle, sustainable environment and precautionary principles established by the court. India is a social welfare state as embodied in the Directive Principles of State Policy. It is quite essential to strike a balance between economic development and its deleterious effect environment. It was reiterated by the Supreme Court that protection of environment would supersede economic development. Any rules or regulation should not be made against the public interest.