Draft EIA 2020 permits licence for violations

The Draft Environmental Impact Assessment (EIA) Notification, 2020 issued by the Ministry of Environment, Forest and Climate Change (MoEFCC) has received widespread criticism from environmentalists and sections of civil society after it was opened to the public for suggestions or objections.

Background

The first draft notification of the Environment Impact Assessment (EIA) of India was issued in 1994, under the Environment (Protection) Act (EPA) of 1986. This was later replaced by a modified draft in 2006. The EIA serves as a tool used to identify and evaluate the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural, and human-health impacts, both beneficial and adverse. On March 23 this year, a new EIA draft with modifications was proposed by the MoEFCC.

Key changes in the draft proposed by MoEFCC

a. The draft permits "post-facto approval" for projects i.e. projects that have come up without environmental clearances can actually be legalized now. A committee will evaluate the project and may recommend it or they may close it down. The duration and bonafide period of clearances for river valley projects have increased to 15 years from the existing 10 years and mining projects to 50 years from the existing duration of 30 years. 

b. The greatest challenge the draft imposes is the reduced time allowed for public hearing on assessments seeking environmental clearence, and allowing more projects to avoid the public comment process entirely. Public consultation process under the draft notification is reduced from 30 days to 20 days.

c. Previously, the 2006 EIA notification required promoters of a project to file a compliance report every six months, explaining the activities backed by evidence carried out by them according to the allotted permissions. The draft now orders a project promoter to file a compliance report only once a year.

d. The new draft lets the government have complete authority to categorise the projects as "strategic". Furthermore, for such 'strategic projects' the government need not disclose no information to public.

The new draft weakens and dilutes the entire EIA process and grossly encourages environmental violation. The draft has been initiated with the vision of being pro-environment and people-friendly but it used more as a shield to favour industries and corporate interests. This in itself is a contravention to the scope of Section 3 of the Environmental Protections Act (1986).

For instance, the Dibang Valley Etalin Hydropower Project envisages building of a 3097-megawatt dam in an area that is a natural habitat to over 300 species of birds and mammals. Community members of the Idu-Mishmi tribe will be severely affected and are opposing the implementation of the project. Currently, the forest advisory committee (FAC) has withheld its verdict on the future of the project.

There was a massive fire at Well No. 5 at the Baghjan oil field in Tinsukia district on June 9. Besides, not only affected the livelihood of farmers and damages of croplands but the proximity between the oil field and the Dibru-Saikhowa National Park has also imposed threat to the biodiversity and home to over 400 species of birds and mammals. Infact it is alleged that all the clearances weren't in place. A 'The Wire' report also states, in 2016, OIL decided to extend its drilling and testing of hydrocarbons to seven more locations at the Dibru-Saikhowa National Park. It further stated, "The environment ministry allowed Baghjan oil wells to expand without public hearings in December 2019 because OIL kept saying that the local communities won't allow this expansion. Now, after this terrible disaster in Assam, is it not justified that the public of Assam had no faith in OIL".

This has also been reported the same for the Vishakapatnam Gas Leak this year.

Meanwhile, different sections of the society have been protesting against the draft law and campaign such as #ScrapEIA2020 and #SaveEIA is actively promoted among netizens. Fridays for Future (FFF India) had started a campaign on June 4 against the Centre's new draft law, however, the website was blocked suddenly on July 10. According to the cyber crime unit of Delh Police, the webiste has been blocked as the contents of the website are "cognizable and punishable criminal offence under Section 18 of the Unlawful Activities (Prevention) Act (UAPA)."

The initial deadline for the consultation process of the draft was June 11 this year which has now extended to August 11, 2020, after Delhi High Court's orders. In this context of EIA 2020, if citizens want to voice their opinions they can drop a mail on the new draft regulations to "eia2020-moefcc@gov.in" or "secy-moef@nic.in"