Ease of harming environment

Context: Recent government actions including the weakening of Environmental Impact Assessment (EIA) norms have led to the travesty of environmental conservation in India.

The Process of EIA: 

• Aim: To scrutinize the potential environmental impact and negative externalities of a proposed project beforehand and propose modifications or abandonment.
• Based on: the ‘precautionary principle’ which holds that it is cheaper to avoid damage to the environment than to remedy it.
• India is legally bound to the precautionary principle under international treaties and obligations as well as by the Supreme Court’s judgments.
• Assessment: Expert Appraisal Committee (EAC), which consists of scientists and project management experts frames the scope of the EIA study and prepares a report.
• Public Consultation: Report is published and public objections are heard from project-affected population.
• Final Approval: The Ministry of Environment and Forests (MoEF) acts as the regulating authority and is ordinarily obliged to accept the decision of EAC after public hearings.

Critique of government’s actions:

• Weakening of EIA regulations: 
• Through Ex-post facto clearance route: where an EIA clearance was never sought or granted, construction of the projects took place with some minor fines for violations.
• Against Courts decisions: The various SC judgments have been ignored through the relaxations.
• Danger of expanding exception to rule: The argument that these provisions will be an ‘exception’ is tough to believe based on our history of expanding it to rule.
• Shrinking of scope: 

• The requirement of full assessment has been downgraded for certain industries including the ones in the construction sector.
• Introduction of a vague new category of ‘involving other strategic considerations’ under the defense and security installations, will also be free of public consultation.

• Affecting the forest dwellers:

• Obscuring Transparency: Shortening of time to furnish information has made it hard for the forest dwellers to put forth representation due to lack of information and tech.
• Anti-democratic: Denying the local communities the right to take part in the proceedings will threaten the livelihoods and destroy their landscapes.

• Problems in governance: 

• Neglect of the precautionary principle:

• Government considers EIA as an impediment to ease of doing business and has swiftly cleared projects during the lockdown.
• Recent mishaps include: Uncontrolled burning of oil wells (Oil India Limited) in Assam and Vishakhapatnam gas leak incident.

• Conflict of interest: The Minister of Environment and Forests and the Ministry for Heavy industry and Public Enterprises are headed by the same minister.