Environment Impact Assessment laws have been one safeguard that has sometimes worked for people. Now, in an amendment, the Ministry of Environment and Forest (MoEF) seeks to end the efficacy of EIA.

In India, the environmental action formally started with the participation of Prime Minister Indira Gandhi in the UN Conference on Human Environment in Stockholm in 1972. A National Committee on Environmental Planning & Coordination (NCEPC) was established to be the apex body in the Department of Science and Technology. The term `Environment figured for the first time in the Fourth Five Year Plan (1969-74) which recorded that `harmonious development is possible only on the basis of a comprehensive appraisal of environmental issues.

A research note by UEMRI points out:
The Tiwari Committee (Committee on Review of Legislative Measures and Administrative Measures), in its report in 1980, recommended creation of a Department of Environment as a nodal agency to ensure environmental protection, to carry out environmental impact studies of proposed development projects, and to have administrative responsibility for pollution monitoring and control. The department came into being in 1980 within the Ministry of Science and Technology under the charge of the then Prime Minister.

In 1989 the subjects of wildlife and forestry were added to the list and a new Ministry of Environment and Forests was created with the Prime Minister holding its charge. Since its inception the Department (under the Ministry) has issued various guidelines on EIA for various projects.

One component of the EIA requires that any private or public project share with the local communities the details of the projects, what resources it will take from the community, as well as how it will take care of various externalities that might occur. It provides an opportunity for the local communities to raise their concerns with the entity managing this project in the presence of government officials – usually from the local environment boards.

Thus, in the past this has been the only forum for local communities to raise concerns about pollution dumping that may not have been part of the projects plans, displacement of people, destruction of forests owing to the operation or the establishment of the project, etc.

EIA requires the government to
• Predict environmental impact of projects and plan for this impact
• Ensure that environmental impact is within the laws and guidelines of the pollution agencies and find ways and means to reduce adverse impacts
• Shape project to suit local environment
• Present the predictions and options to the decision-makers

EIA must be completed and the project must plan to adhere with the concerns and recommendations of EIA and the rules of the pollution board before the project is allowed to start.

The EIA has been the only component of democracy in planning, establishing and operating public and private ventures. In the past it has ensured that projects have had to comply with pollution laws of the state before they start operations.

In a ridiculous amendment, the MoEF is plans to allow a project to operate for 2 years without EIA. While many of the earlier amendments have weakened the scope and effectiveness of the original notification substantially, the 13th and latest amendment is the most ridiculous and detrimental of them all. It is ironical that that MoEF has used ‘public interest’ as a premise to bypass the requirement of issuing a draft amendment and seeking comments, as the implications of the amendment are quite the contrary.

It allows for the expansion and modernisation of projects such as river valley projects, nuclear projects, mining as well as ports, harbours and airports that have been operating without environmental clearance. The amendment allows the MoEF the powers to grant temporary working permission (up to two years) to these projects on receipt of application in the prescribed format. Instead of recognising them as illegal, and taking necessary action, the present amendment allows for an opportunity for these projects to be exempted from this mandatory requirement on the principle of fate accompli.

This amendment is very explicitly intended to legalize the violations of the EIA notification and the orders of the Supreme Court, which directed industrial and mining units operating without environment clearance to shut down. For example, the Supreme Court order dated 11th May 2005 brought to light the serious ongoing violations of EIA notification y the Mines and Industries. It is most unfortunate that the MOEF has amended the EIA notification to legitimise such illegal practices rather than tighten the implementation and monitoring of the EIA notification and ensure strict compliance of the law.

The logic of this amendment belies reason – why would a project be allowed to operate for two years in ways that is environmental hazardous and polluting to local communities. Even today, government agencies have been quite lax in enforcing these laws. Once a project has been in operation for 2 years, it is highly unlikely that operations will be shut to account for EIA.

It seems that this law is being amended under pressure from agencies that would like to operate in contravention of pollution laws in India. In effect the amendment is being brought about to make illegal processes legal.

It is important that public voice decry this amendment. Various environmental rights groups are raising their concerns but in the absence of public outcry. For example, a petition is in circulation decrying such a move.

However, the main stream media has largely ignored this amendment and in the absence of public debate and outcry, the government will be successful in making legal operations that increase pollution dumping.

Dr. Arun, one of the leaders of this effort to raise public awareness, maybe contacted at envirorights@yahoo.com

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