ENVIRONMENT IMPACT ASSESSMENT NOTIFICATION, 2020

JANGAL ME MOR NACHA, KISNE DEKHA?

Contents
ABSTRACT:...............................................................................................................................................2
INTRODUCTION:......................................................................................................................................3
MAJOR CONTENTIONS:............................................................................................................................3
RECENT DEVELOPMENTS:........................................................................................................................4
COMPARATIVE ANALYSIS:........................................................................................................................5
CONCLUSION:..........................................................................................................................................6
ABSTRACT:
The draft Environmental impact assessment was brought forward for public consideration only to
be met with apprehension from all sides. Everyone, from renowned environmentalists to the
layman agreed that this is a piece of legislation that does not have the best interests of planet
Earth at heart. Through is article we try to unravel this contentious law and attempt to tackle the
issue and its core. Is this another senseless policy to further capital interests as has become
typical for this administration? Or has this issue been blown way out of proportion?
INTRODUCTION:
The Covid-19 crisis has brought the consequences of ecological tampering to the forefront of
public consciousness once again. However, the central administration’s actions shows an
immunity to irony of herculean proportions. On 23rd March 2020, a day before the nationwide
lockdown, EIA draft notification 2020, was brought forward with purpose of attaining public
assent and suggestions. This notification was issued by the Ministry of Environment and Forests
under the powers conferred to it by sub-section (3) of section 3 of the Environment (Protection)
Act, 1986 (29 of 1986).
Environment Impact Assessment is a formal legal process which analyses development projects
of any manner for the risk they pose to the environment. Statutorily protected by the
Environment Protection Act (1986), it acts as a check against malicious corporate intentions and
a requirement before securing loans from international financial institutes. MoEF had notified an
EIA draft once before in 2006, with a view to make the clearance procedure more convenient
and to secure greater public involvement. The 2020 draft notification seemingly builds upon the
groundwork of the 2006 version is some aspects while taking a completely different direction in
some others.
It is also pertinent to take note of the peculiar position the current environment minister occupies.
Mr. Prakash Javadekar, the Union ministry for Environment, Forests and Climate also occupies
the same position for the ministry of Heavy Industries. The conflict of interest herein isn’t very
difficult to spot.
Many have been quick to point out that the finesse and swiftness with which this draft was
readied betrays some insidious intent. Not only was the public intimated of the draft a day before
the nationwide lockdown, the draft was actually published by the government press on April 11th.
Under Rule 5 (3) of the Environment (Protection) Rules, 1986, the 60-day public notice period
comes into effect “from the date on which copies of the Gazette containing this notification are
made available to the public.”
This in turn allowed the union ministry to flout the 60-day extension granted by Delhi High
Court, citing that by allowing public suggestions till June 30 th, they had already allowed a 20-day
extension. While the official reasoning behind this questionably long delay in publication,
“shortage of manpower in light of the lockdown”,1 may be true, the manner in which the centre
took advantage of this situation is certainly grounds for suspicion.

MAJOR CONTENTIONS:
The contentions people have raised regarding the draft, although numerous, can be categorised
under the following grounds-

1
Jay Mazoomdar, “Environment Impact Assessment draft: Officials propose 60-day extension for responses, get
only 20 days”, available at: https://indianexpress.com/article/india/environment-impact-assessment-draft-prakash-
javadekar-deadline-extension-lockdown-6476451/
 1. Post-facto clearances: The new amendment will allow industries to seek post-
facto clearance, i.e. subsequent to starting work/expansion projects for
environment compliance. Setting aside only a simple fine in case of violations.
This waives off any environment damage preceding the clearance and is in direct
opposition to the Supreme Court judgement on April 1st, holding that
"Environment law cannot countenance the notion of an ex post facto clearance”.
This would be contrary to both the precautionary principle as well as the need for
sustainable development".

2. Exemptions of projects: Multiple industries have been exempted from public

hearings. This includes industries producing pesticides, herbicides, acids, paints,
etc. Pipelines, government strategic projects, highways and inland waterways in
border areas also enjoin upon this exemption. “Border areas” have been defined
herein as "area falling within 100 kilometers aerial distance from the Line of
Actual Control with bordering countries of India." This includes vast swathes of
forests and indigenous animal population, not to mention the tribal groups of the
northeast region. All three of the aforementioned groups have suffered great
injustice in the past may be further displaced if this draft comes to pass. Granting
such exemptions is in direct contravention to a multitude of international
conventions India is signatory to.

3. Extension of project validity: Clearance validity for mining and river valley
projects have been extended from 30 to 50 years and from a current 10 to 15 years
respectively. Exponentially increasing the ecological threats, they pose. Hazards
produced by such activities may remain unnoticed for a dangerously long time,
risking irreversible damage.

4. Monitoring Frequency: Monitoring periods for compliance has been reduced to

once every year from the semi-annual frequency of the 2006 guidelines.
Companies have often tried to undermine any attempts at sustainability; However,
the EIA monitoring standards have kept their skulduggery at bay. But these new,
less stringent requirements may give Large-scale industries the tools to flout these
standards impetuously.

RECENT DEVELOPMENTS:
Some recent developments in this matter are also of note. Karnataka High Court, following a
writ petition has stayed the publication of the draft notification till September 2020, and the
Supreme court rejected the centre’s plea against contempt proceedings levied by the Delhi High
Court.2 The contempt proceedings were initiated when centre failed to comply with a direction to

2
Ishan Kukreti, “Draft EIA: SC rejects Centre challenge to Delhi HC translation order”, available at:
https://www.downtoearth.org.in/news/environment/draft-eia-sc-rejects-centre-challenge-to-delhi-hc-translation-
publish the translated copy of the Draft EIA Notification 2020 to aid effective dissemination of
the notification by August 11th.
Currently the center is hard at work trying to disseminate the complaints levied by the public and
dealing with the issues regarding translations. “There are 1.8 million views we have got through
public feedback and only some 5,000-10,000 of these have new points. Our final notification will
come after considering these views. This is not a final document. However, whatever is correct,
we will stand by it”,3 the environment minister said when questioned about their streak of defeats
at court. The minister has publicly shared its optimism when questioned about the possibility of
the draft passing under the strict vigil of the NGT. Sharing in his optimism, Secretary RP Gupta
has alluded to the possibility of a political agenda behind this supposed public outcry.
COMPARATIVE ANALYSIS:
In light of this latest draft, it is important to see how it came to be and what sources from its past
renditions the current notification draws inspiration from. The intention here is to put all three
versions right next to each other and see how the 2020 draft deviates:
S.no Particulars EIA 1994 EIA 2006 EIA 2020

1. Period for public 30 days 40 days 45 days

consultation.

2 Monitoring period Project authorities Authorities would Monitoring periods

would check the check the projects for have been reduced
projects for environment norms to once a year.
compliance once compliance semi-
every six (6) months annually
3 Project clearance The onus of giving Centre and state Authorities were
out environment shared the authority distributed amongst
clearance to projects to give clearances. the centre and state
lay entirely with the as before.
central government. Projects were divided
in schedule I on the Projects are to be
There was no following grounds: divided into Project
distribution of i. Project A A, B1 AND B2
projects on the clearance clearances, on the
grounds of (national basis of the harm
order-72803
3
Anubhuti Vishnoi, “Draft EIA in line with green rules, court rulings: Prakash Javadekar, Environment Minister”,
available at: https://economictimes.indiatimes.com/news/politics-and-nation/draft-eia-in-line-with-green-rules-court-
rulings-prakash-javadekar-environment-minister/articleshow/77578695.cms
 national/state/district level). such projects may
level clearances ii. Project B pose to the
(State level environment.
clearances).

National and state

level appraisal
authorities were
respectively
responsible for them
4 Appeal against prior Not applicable Not applicable An appeal may lie
clearances to the National
Green tribunal
against a prior
clearance.

CONCLUSION:
While I do agree with Mr. RP Gupta’s allegations of political ambitions manipulating the public
opinion behind the notification, indeed many opposition leaders have rallied behind this cause,
the import of this issue cannot be overlooked. This law does not only threaten the ecological
balance of our country but also seeks to undermine the value of public opinion. The draft was
only published in English and Hindi, that too only online and the time of a nationwide lockdown.
Only 43.56 of the population of India actually speaks Hindi or English as their mother tongue. 4
As of now, there have been no updates from the ministry regarding the translations which has led
the Delhi High Court to levy contempt proceedings against them.
Many have suggested that that notice period should be extended till the end of the year, given the
nature of these unpredictable times.
Through its attempts at stifling public discourse and flouting judicial orders, the centre has
shown that they will push through all genuine concerns the people raise and try to bring this draft
into being regardless of what anyone has to say.

4
Census of India, 2011, available at: https://censusindia.gov.in/2011Census/C-16_25062018_NEW.pdf