• Environmental Laws Changed to Suit Industry; People Not Consulted 
• Disastrous EIA Notification Likely to be Announced Soon 
• Call Environment Minister A. Raja (91 11 23010468, 23010764)
• Mail MoEF at envisect@nic.in asap and express your strong concerns about this secretive and fastrack move
• Sign the Petition opposing this ad hoc amendment

Last year, a number of community groups including The Southasian carried reviews that the government planned to change the environment impact assessment policies without any democratic input. While the changes were put off last year, the government is now planning on these changes as publications from the environment ministry suggests.

Background:

In September 2005, the Ministry of Environment and Forests (MoEF) put up an English-only version of a draft Environmental Impact Assessment Notification on the internet.

Community groups, including adivasis, dalits, fisherfolk and indigenous peoples from the Northeast, elected Panchayat leaders, trade unions and NGOs were expected to download the internet version and send in their comments by mail.

A Right to Information request revealed that only the industrial elite and the real-estate lobby, had been give special privilege and treated very differently. They were consulted before the internet version was uploaded; there were consultations organized by the MoEF with apex industry associations during the comments period. Revised drafts were circulated to the industry associations and another round of consultation was held in April 2006. Subsequently, just before presenting it to the Prime Minister, the MoEF went back and forth with the industry with revised versions and organised two additional consultations.

While more than six consultation sessions have been held with industry associations, the MoEF has not held even one consultation session with MPs, State Governments, local Governments or elected Panchayat leaders.

Predictably, the current draft Notification virtually eliminates all opportunities for public involvement in environmental decision-making, and perverts the very definition of information. Under the new Notification:

1. From start to finish, the process of permitting an industry or "developmental" activity CANNOT take more than 120 days.
2. Public hearings can be cancelled by the District Authorities if it is felt that conditions are not conducive; i.e. opposition to the project is high.
3. Project proponents do not have to submit Environmental Impact Assessments. Only summaries of the EIAs will be submitted to the State regulatory agencies.
4. Industry will be consulted at every stage of the decision-making process. Public may have at best one opportunity.
5. Only local people with a material stake in the area where the project is coming up may participate in the public hearing. Public interest scientists called upon by the community can be barred from participating in the public hearing.

On August 9, after repeated attempts at meeting him, a delegation of activists met MoEF Minister A. Raja. He promised to open up consultations after the parliament session. Instead, the Notification has been fast-tracked and may be announced any day now. This will be a death blow to the already brutally amended law.

Please send/fax the following letter to

Ms. Sonia Gandhi

Fax: +91 11 23018651 or 230192856

Mr. A. Raja. Minister (E&F). Fax: +91 11 24362222

Mr. Prithviraj Chavan. MoS, PMO. Fax: 011 23017931 or 23017839

29^th August 2006

Dear Madam:

Subject: Call for wider consultations on (draft) EIA Notification, 2005 and condemnation of MoEF's exclusive consultations with Industry Associations

On 9^th August 2006 , representatives of the Campaign for Environment Justice-India met with Shri. A.Raja, Union Minister of Environment and Forests (MoEF) with an appeal that since there had been no meaningful consultations on the draft EIA notification, 2005 the same should not be acted upon till such time this demand was met. Shri Raja expressed his surprise that no widespread consultations had been held on the matter. When it was brought to his attention that your office had in response to a Right to Information application confirmed on 20.6.2006 (No.J-11012/6/2006-IA-II (I)) that meetings and discussions with regard to finalization of the EIA notification had only been held with Apex Industry Associations and some central ministries, Shri Raja assured that he would direct you to hold wider consultations particularly with people's movements and civil society organizations. Till date we have not received any intimation in this regard.

The MoEF's response to our collective concerns based on the clarification sought by Shri. P.G.Narayanan, MP and Chairman, Parliamentary Standing Committee on Science and Technology, Environment and Forests, confirms that even State Governments have been neglected in the process of finalization of the draft EIA notification. Further, none from amongst the wide cross section of Parliamentarians that we met during the recently concluded Parliamentary session, have ever been consulted on the redrafting of this critical notification.

In keeping with the federal character of our country it would be appropriate if   MoEF would put on hold the issual of the proposed EIA notification, till such time all State Governments and local Governments have been consulted. Needless to state it follows that the EIA notification should not be finalized till such time the assurance of your Minister is met with adequately in regard to the consultation with people's movements, elected local Government officials, trade unions, environmental groups, research organizations and other public interest organisations.

Sincerely,