The draft EIA notification 2020 created a debate and unrest among the environmental activists after it has been uploaded in the website of the Ministry of Environment Forest and Climate Change. Many articles have been shared in the print media and also in the social media as many YouTubers have voiced about this issue. When I saw the news that the environmental activist organisation Fridays for Future has been slapped with UAPA and their website has been blocked for running campaigns against the new EIA notification 2020 & later it was called back by the Delhi police, I wanted to speak out against the despotism and the irrational environment protection notification. I have some non-conformist opinions about the notification with what others are rising.
Environment Impact Assessment
UNEP defines EIA as a tool used to identify the environmental, social and economic impacts of a project before decision-making.
It aims to predict environmental impacts at an early stage in project planning and design, find ways and means to reduce adverse impacts, shape projects to suit the local environment and present the predictions and options to decision-makers. By using EIA both environmental and economic benefits can be achieved, such as reduced cost and time of project implementation & design and avoided treatment/clean-up costs and impacts of laws and regulations.
EIA in India is statutorily backed by the Environment Protection
Act, 1986 which contains various provisions on EIA methodology and process. The
assessment is carried out by an Expert Appraisal Committee (EAC), which
consists of scientists and project management experts.
Idea behind EIA
The EIA is a precautionary principle. Environmental harm is often irreparable. So, it is cheap to take precautionary measure before it gets affected. Environmental regulations must balance between the damages by projects with sustainable development and possible benefits of a project. Whatever may be the project, whether infrastructure development project by the govt or a commercial project, it must go for an unbiased assessment.
The issue with the recent notification
The recent draft EIA 2020 notification will replace EIA notification 2006 under the Environment Protection Act 1986 if passed. The important concern with the new draft is the notification dilutes the very purpose of the Act itself. The draft creates an ex-post-facto clearance route. That is a project that is commercial or developmental can start their construction even before getting environmental clearance. After that, if they have violated the regulations they should pay minor fines as compensation. This provision is irrational as it is a mere existence of regulation.
Also, the environmental clearances were exempted for military and national security installations as expected. But there is a vague provision that allows exemption from the public consultation for "Strategic considerations". This provision is very arbitrary since it is very vague and not defined. The notification also shortens the time period for the public to furnish responses on the project from 30 days to 20 days. This provision will affect the forest dwellers who aren't exposed much to the internet and technology.
Why we need liberal Environmental regulations?
Many environmental activists and common people raising their voices against the EIA 2020 notifications advocates for strict environmental regulations. But during the pandemic situation, India needs to be more liberal in its regulations to attract foreign investments. The strict regulations and late environmental clearances discourage investors from heading towards India. The Indian govt needs to improve the ease of doing business to solve the unemployment problem. India should be very keen on attracting global investments since the interest rates are very less all over the world. We need to do this now as this is the prime time. India is considering China as its rival but China is far away from India in terms of GDP and economy. The developing countries in Asia and Africa are emerging as destinations for investments so, India should reach its threshold by attracting global investments to employ the demography soon before its late.
Also, considering the tragedy of the migrant labours from the North-East states and states like Bihar, Odisha, India needs more industrialisation to employ the demography and increase the living standards of the citizens. India should make plans to ensure the financial security & better living standards of the citizens before it is too late. Regarding the infrastructure development projects, the connectivity to the northeast states and other interior areas should be improved for the social inclusion of the citizens and to attract the investments.
Liberal vs Irrational regulations
Though I advocate for liberal environmental regulations I don't endorse irrational regulations. Why this EIA 2020 notification is irrational? The notification primarily focuses on attracting the investments alone and forget about the environmental damages they bring. Also, the ex-post-facto provision provides for minor fine payments for violations shows govt does not care for the environment or the citizens. The investments attractions, industrialisation and infrastructure developments are for the betterment of people of India when the violations affect their livelihood or environment, it nullifies the very purpose of industrialisation.
What the EIA 2006 has failed in industrializing the underdeveloped states? Nothing. It is the govt that failed to devise a plan to increase industries in their states. When the underdeveloped states are not at all ready to initiate industrialisation why do we need EIA 2020? Only to exploit the states that are performing well? However, even after EIA 2020 is passed the industries would invade only the southern states as they have connectivity, infrastructure, harbours etc. Then the migrant workers come to the southern states for jobs and a better salary. Rapid urbanisation and migration are serious concern in cities like Chennai. Why don't the govt of states like Odisha, Jharkhand improve their infrastructure to employ their people? Relaxing the regulations without developing the infrastructure wouldn't help attracting investments.
Govt also plans to build infrastructure facilities like defence corridor, sagarmala, industrial corridor in southern states alone. Why southern states should often lose their agricultural lands and environmental health to host investments and migrants? When compared to northern and central states the southern states have less forest cover. The NDA govt's cooperative and competitive federalism has been introduced to encourage competition among states in development but there is no significant competition has been seen. States like Bihar, UP are not losing their agricultural lands for infrastructure or industrial development but lands in southern states are lost. Also, the 14th Finance Commission provides higher grants for states that have high forest cover that affects the states having low forest cover. This argument isn't in favour of southern states but in favour of the northern states and people to get development in terms of financial and social security.
Environmental regulations must be rational and liberal. Govt should withdraw the notification and rationalize it with provisions that save the environment as well as the lives of people. Strict or rational laws alone aren't enough, effective implementation is essential. By considering the events like LG polymers gas leak in AP, NLC boiler blast, Sterlite factories in TN, Tinsukia gas leak in Assam etc. govt should rationalize the EIA regulations. While world countries are moving towards green GDP it is not progressive to draft irrational environment laws in India.
Please send your objection email to the Environment Forest and Climate Change ministry to rationalize the EIA 2020 notification. Find the draft email here and send it to eia2020-moefcc@gov.in
The last date to send e-mail is August 11, 2020
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