Process of EIA and how the new draft is going to affect us
Environmental laws in any country helps in securing and protecting our natural resources and biodiversity. A potential of Environmental law is Environment Impact Assessment (EIA), which is the process of giving the environment clearances to any proposed project after evaluating its likely environmental impact. It takes into account the socio-economic, cultural, human health impact of the project.
EIA is a simple balance between environment and development. Human activities if left unchecked, can do irreparable damages to the environment. EIA not only helps in regulating the repercussions of human activities on the environment but also supports ‘Precautionary principle’ of environmental sustainability i.e if there is a suspicion that a particular activity or project will have a disastrous consequence on the environment then it is better not to do that project. Therefore, EIA is a decision-making tool which represents the best combination of economic and environmental costs and benefits.
EIA was first introduced in the USA around the 1970s. The Indian experience with EIA began not more than 20 years ago when the planning commission asked the department of science and technology to examine the river-valley projects around 1976-77. Until 1994, the environmental clearance was an administrative decision and lacked legislative support. It was on January 1994, when the then Union Ministry of Environment and Forests under the Environment (Protection) Act, 1986 enacted an EIA notification making Environmental Clearances (EC) mandatory for every project listed under schedule 1 of the notification. Since then there have been 12 amendments made in the EIA notification of 1994. 2006 notification is the most recent one. Projects like mining, thermal power plants, river-valley, infrastructure- roads, highways, ports, airports, harbors, etc.) and industries too have to get a prior Environmental Clearance before their initiation.
The EIA process includes 8 steps listed below in brief-
1. Screening- The first stage of EIA determines whether the proposed project requires an EIA or not and if it does then what is the level of assessment required.
2. Scoping- Identification of key issues and impacts that needs to be investigated further. The time limit and boundary of the project is determined in this stage.
3. Impact Analysis- Identification and evaluation of likely environmental and social impacts of the project and its significance.
4. Mitigation- This is a recommended step for reducing or avoiding the potentially adverse environmental consequences of the proposed project.
5. Reporting- The result of EIA is presented in the form of a report to the decision-makers and other parties.
6. Decision making- This stage decides whether the project has to be approved, denied, or needs any other changes.
7. Post monitoring- This stage comes after the project has been authorized to check if the impacts of the project do not exceed the legal standards and the mitigation strategies are implemented in the manner described in the EIA report.
Earlier this year, the Ministry of Environment, Forests and Climate change (MoEF&CC) proposed a draft Environment Impact Assessment (EIA) notification which seeks to replace the current notification of 2006. The environmentalists across our country has criticized the draft notification on the grounds of transparency and dilution of the EIA process. The main issues pertaining to the draft notification that is bothering people around our country are-
1. The new draft allows Post-facto approval for projects. That means the clearance can be given to a proposed project even if they have started their construction. If any damage is done to the environment then they would be fined but what our decision-makers have failed to understand is that money cannot repair the harm that has already been done to the environment. The post-facto approval also stands against the ‘precautionary principle’ of environmental sustainability.
2. The draft notification has reduced the Public consultation process from 30 days to 20 days. An EIA report does not go to the decision-makers directly but it first goes to public, so that if common people have any objection regarding a particular project, for example, a highway project, then they can reject it. Reducing the time for public hearing makes the whole EIA process ambiguous. There will be no proper time to present views, suggestions, and ideas for a project.
3. Compliance Report issue– The present notification requires the project proponent to submit a report every six months showing that they have been carrying out their project on the basis of which they were granted the allowance. The new draft however if released will change this time period from 6 months to one year. So, the proponent will have to submit the report once a year. During this extended time period, any damage to the environment could go unnoticed.
4. Bypassing EIA Process– The draft notification will allow the central government to categorize certain projects as ‘strategic’. Now, if a project is termed as strategic then no information related to such projects shall be placed in the public domain.
5. Further, the draft has extremely narrowed the definitions of certain terms like ‘eco-sensitive zones’ and the number of projects or activities that do not require EIA has also been increased.
The dilution of the EIA process and public consultation is against the principles of sustainable development. India has been a part of many international treaties and conferences pertaining to environment and sustainability. This new EIA draft contradicts the international obligations of our country. Further, it will lack credibility. Our leaders have to realize that damages done to the environment cannot be compensated in the form of money. The whole world is suffering today because we have taken our environment for granted. It is time we raise our voices against the undemocratic evasion of Environmental responsibility. As a concerned citizen, you can write an email to the Ministry of Environment, Forest and Climate Change and speak up against the new draft or you can directly write to the Honorable minister Prakash Javedekar showing concerns about the new EIA process. The public hearing time is till 11th August so we don’t have much time left and we need to act fast.
Also, let us know what you feel about the draft notification 2020 in the comment section.
