Context: Recently, the draft environmental impact assessment notification issued by the Ministry of Environment Forests and Climate Change dilutes the EIA process and encourages environment violations.
Issue

• The government has put up the Draft Environmental Impact Assessment (EIA) notification, 2020, issued in March 2020 for public consideration and comment.
• If the draft comes into force, it will replace the EIA Notification of 2006 for all future projects.

Controversial provisions related to the Draft EIA Notification, 2020:

Post-facto approval for projects

• The draft permits post-facto approval for projects. This means that the projects can be awarded clearances, even if they have started construction or have been running without securing environmental clearances.
• Since environmental damage may have already occurred, the only remedy would be to impose a fine or punishment.
• It is feared that violations will get legitimized and the detrimental consequences on the environment will not be reversed.

Arbitrary power to Central government

• The draft notification gives the central government the power to categorise projects as strategic.
• No information related to any project which is categorised strategic shall be placed in the public domain.
• Any violations can only be reported suo motu by the project proponent, or by a government authority, appraisal committee, or regulatory authority.

Reduction of time to submit response

• The notification provided for the public to submit their responses to the draft in 20 days, as compared to 30 days time period.
• This will curtail the time for the preparation of views, comments and suggestions and is detrimental to the transparency and credibility of the EIA.
• Due to COVID-19, the people residing in villages & tribal areas cannot file their response in such a small duration.

Other issues:

• The new construction projects up to 1,50,000 square metres do not need detailed scrutiny by the Expert Committee, or EIA studies and public consultation, as opposed to existing 20,000 square metres earlier.
• The new draft requires the project proponent to submit a compliance report only once every year, as opposed to every six months (as per 2006 notification).
• This extended reporting time gives room for irreversible environmental, social or health consequences of the project.

Concerns

• The basis in global environmental law for the EIA is the precautionary principle.
• Environmental harm is often irreparable, one cannot reverse an oil spill. So, it is cheaper to avoid damage to the environment than to remedy it.
• Environmental regulation must balance damage to the environment with sustainable development and possible benefits of the project, an unbiased assessment must be made on a precautionary basis before investment, jobs and infrastructure (not post-facto approval).
• The Draft EIA Notification shrinks its scope and takes away its transparency and credibility