Critique of Environmental Impact Assessment Process in India

Indian Journal of Public Administration, 2004

Industrial development and urbanisation have taken a heavy toll of environment. and ecology. Coupled with the unprecedented pressure of population explosion on natural resources, the detrimental effects of unregulated and rapacious development activities have made it imperative for the state and its agencies to intervene in order to save people and their environment from the resultant ill-effects. This article gives an extensive account of regulatory interventions that have been effected through various legislations and court verdicts. It elaborates upon the environmental law principles which are based on interpretation of Constitution and statues, combined with a liberal view ensuring social justice and human rights. Following these principles the courts have sometimes emphasised environment over development when the situation demanded an immediate and specific policy structure. THE ISSUE of development has been at the centre-stage of the government's policies in all developing countries including India. Since their liberation from colonial rule India launched her massive Five Year Plans to uplift her teeming millions from the scourge of poverty, unemployment, illiteracy, ignorance, malnutrition, ill-health and inequality. The state-led, planned economic development model of the Nehru government pursued policies with the view to build a socialistic pattern of society. Under the impact of the government's Industrial Policy~Resolutions of 1948, 1956, 1980, Science and Technology Development Policy, and Green Revolution, India witnessed modernisation of agriculture, industrialisation, urbanisation, and infrastructure development through an expanding public sector that controlled the commanding heights of the economy. Rural development was sought to be brought about through many poverty alleviation programmes, ENVIRONMENT AL POLICY AND ADMINISTRATION IN INDIA I 73 NOORJAHAN BAVA special schemes for weaker sections, and women, rural credit and irrigation facilities through multipurpose river valley projects. However, the planners and policy-makers failed to arrest the population explosion, growing poverty, galloping unemployment and under employment, increasing illiteracy and inequalities. Until the mid-1970's, neither the developed nor the developing countries had any awareness, let alone concern about the detrimental effects of their unregulated, rapacious economic development efforts, greed, arms race, nuclear build-up, and destruction of forests, flora and fona. A paradigm shift, took place in the world from mere development to that of sustainable development, which became the idiom of the later 20th and the 21st Centuries. 1 ENVIRONMENTAL LAWS (ELs) IN INDIA: ROLE OF THE LEGISLATURE Environmental Laws in India have their sources partly in the Constitutional provisions and amendments, and partly in various statutes enacted by the Parliament/state legislatures and from judicial interpretations, decisions and orders of the Supreme Court and High Courts. The beginnings of Indian ELs were sown at the UN Conference on Human Development held in Stockholm in 1972, where India was a participant, leading to some sort of realisation that a framework of law was necessary to deal with environmental hazards that would result from the stage of development that she was entering in the 1970s. 2 In the light of these laws, the Ministry ofEnviromnent and Forests, Government oflndia which is the nodal ministry for environmental management, frames •and issues rules, regulations, directions and guidelines to Central Pollution Control Boards, government agencies, industrial managements and environmental NGO's. The Forty Second Amendment The 42nd Amendment to the Indian Constitution brought about by Indira Gandhi government in 1976 introduced the principle of environmental protection in an explicit manner into the Constitution through Article 48A and 51A (g). Article 48A, as part of the Directive Principles of State_ Policy (DPSP) obligated the State to protect and improve the environment. It ordains, "The state shall endeavour to protect and improve the environment 1 N.Bava, "Environmental stewardship sustainable development: policy and administration

The Environmental Impact Assessment (EIA) has been prepared to address the potential environmental impacts that could arise from the construction and operation of a project. The main sections of the EIA include definition of the legal and institutional frameworks, description of the project and the environment, impact assessment, identification of mitigation measures, and presentation of an environmental management plan (EMP). Additionally, the EIA evaluates various alternative treatment technologies and presents technical criteria on which to base the selection of most suitable site and technology. It is desirable to have an idea of possible impact of any development plan on our environment. In order to have sustainable development it is necessary that before we embark on a project, we have to assess the effects of its development on the environment. It presents a clear & concise picture of all benefits & cost associated with alternative courses of action and provides a mechanism for merging the concerns for environment & economics in the process of decision-making. This paper discusses the accountability of responsible institutions in enforcing environmental assessments & procedures and challenges in enforcing laws for EIA.

Environment degradation is an emerging issue and raised the eyebrows of legislatures at the national and international levels and laws were framed to control and prevent environmental pollution. Whereas, the judiciary is trying its best to balance the environment and development. In view of the degrading environment which poses a problem for the very survival of living things, the environmental law academics lately started paying attention to this underdeveloped field. The present paper makes an attempt to take further discussion on Indian judicial approach in the field of environment. Such academic exercise is all the more necessary in the present time because Indian judiciary since 1980 is taking special cognizance of the pollution explosion and there is a substantial increase in the case law in environment. Is not the time ripe to take stock of the direction of environmental justice in India? The present paper makes a humble attempt in this direction. It confines discussion to the cases of 1987 decided by the Supreme Court of India and the High Courts. This specific year has been selected because the graph of case law in environment from the year 1950 to 1990 shows its highest peak in 1987.In this paper I have also discussed the various sector responsible for environmental degradation which included fertilizer, dolomite stones pulverising, tanning, distillery, slaughterhouse, electronics and mining activities etc.

Development of Environmental Laws in India highlights the dynamic nature of environmental law-making in India between the judiciary, the executive and the parliament. This has led to the creation of a wide range of environmental institutions and bodies with varied roles and responsibilities. The book contains a large volume of materials from the late 1990s, which show a marked shift in the nature of environmental governance in India. These materials offer an understanding of the contemporary debates in environment law in the context of India's economic liberalisation. The materials are thematically organized and presented in an accessible manner. The chapters contain definitions and specific clauses from the legal instruments and refer to court orders and judgements on these themes.

International Journal of Research Publication and Reviews, 2022

"Environmentalism" is a term that denotes the concern for the preservation, restoration, or improvement of the natural environment, such as the conservation of natural resources, prevention of pollution, certain land use actions and shaping a better human life by keeping the purity of the nature. It supports efforts and struggles of people, organizations and institutions against the spread of the objects and means of environmental degradation, such as exploitative and destructive misuses of natural resources that end up the ecological balance and creates multi-dimensional pollution to their way of life, which are seen as less harmful to the environment. For the last four decades, the world has continuously struggled to reach a new beginning to initiate a united journey with the growing need to protect the environment and natural systems that support all life. The present study aims to discuss issues of environmental degradation and significant administrative trends in India. It reveals a comprehensive range of legal provisions adopted by the government to balance the environment with the development of the nation. The people should recognize the environmental problems and change their attitudes and behaviour suitably to devote themselves to helping the mother earth to renew. Hence, implementing strict constitutional and legal environmental laws, educating the young generation, and organizing awareness programmes are the crucial and motivating steps that will help in increasing the people"s concern for nature and boost the public to participate in programs organized to protect the environment. Awareness and participation can efficaciously help society to develop sustainability.

On 29th August 2014 the Ministry of Environment, Forests & Climate Change of the Government of India (hereinafter referred to as MoEF & CC) set up a High Level Committee headed by former Union Cabinet Secretary Mr. T. S. R. Subramanian, IAS (Retd.). This Committee was given a comprehensive mandate: to review all laws and judgments pertaining to environment, wildlife and forest protection, and also those relating to pollution control, and then produce a report with specific recommendations for reforms in law and governance. This enormous and complex exercise of review of laws and judgments, and governance practices, followed by the formulation and presentation of a report with recommendations for amendments to existing laws, was to be completed within 2 months. The deadline for completion of the Committee's tasks was extended by a month, and the final report was submitted by the Committee to Shri. Prakash Javadekar, Union Minister of State for Environment, Forests and Climate Change with Independent Charge on 18th November 2014.1 The report was not made public at that time. However, it was leaked, and it soon became available on various websites of media and environmental and social action groups. Soon after, an embarrassed Ministry also made the report available on its website. In our critique of the High Powered Committee Report, we find that the entire exercise has been undertaken in a hurried manner, without sufficient inquiry into the relevant factors, without addressing concerns of a range of communities, especially those which are indigenous and natural resource dependent, and without at all considering the importance of consulting elected representatives from Local Government, Legislatures and the Parliament. This report, thereby, is an outcome of a comprehensively democracy deficit effort, and promotes a schema for environmental reforms, which, if adopted could result in widespread chaos in environmental governance and jurisprudence, and also would result in irreversible damage to the environment, cause widespread loss of natural ecosystems and could further fuel fundamental violation of human rights in a country where discontents over environmental decisions are become increasingly contentious. There are elements in the Committee's report that are worth taking note of and possibly implementing. But these are few and far between, and a bulk of the Committee's recommendations are based on an extraordinary reliance on the capacity of technical bureaucracy to deliver good environmental governance, on market forces to meet environmental management objectives, on a slew of new regulatory and judicial forums to police the system, without actually making an effort to enquire and justify if such comprehensive makeover in the environmental decision making system is essential at all. Neither does the Committee formulate its tasks clearly, nor does it make any effort to clearly explain the basis of its recommendations. In light of which, what the Committee recommends comes across as a set of confusing proposals which if implemented could confound the environmental governance system quite fundamentally. With this in view, and in the interest of present and futures generations of the country, and also in securing the extraordinary biodiversity of the region that has evolved over billions of years, we urge the Government of India to comprehensively reject the recommendations of this Committee. In the national interest we urge the Government to repeat the exercise ensuring terms of reference are clear and not caged by catch phrases that confound more than clarify, by involving an inter-disciplinary committee consisting of women and men, experienced and expert members, and drawn from various geographies, supported by a deeply democratic process and with sufficient time and space for public consultations nation-wide, so that the outcome would be recalled as a monumental effort that not only secured national interest, but also that of a world precariously edging towards runaway climate change induced impacts. A copy of the critique of the High Powered Committee Report, entitled “A Non-trivial Threat to India's Ecological and Economic Security”, may be accessed at: www.esgindia.org. Comments and criticisms are welcomed.

The Journal of Multidisciplinary Research , 2024

Environmental Clearance (EC) to operate in any industry or establishment is firmly accepted across the globe. It is issued after complying with four stages of Environmental Impact Assessment (EIA) namely screening, scoping, public hearing and appraisal. It stipulates the precautionary conditions to operate (CTO) an industry without causing environmental hazards deploying all necessary environmental protection measures. The MoEF & CC issues EC in India, directly or through its regional authorities. In recent decisions, the Supreme Court of India has allowed post-EC to some of the MSMEs that were operating without EC on account of ignorance of the law on the part of the owner as well as the State Pollution Control Board (SPCB). The post-EC has been permitted to remove procedural irregularity by applying the 'proportionality principle' on account of MSME's contribution to the national economy and livelihood to a significant size of the populace. This research paper finds post-EC anathema to the sustainable development principles.

isara solutions, 2020

Every century has its challenges but the 21 st is having more than those of earlier in the form to protect environment and to sustain development. Environment has come to occupy the important position in the agenda of governments at the global level. By the latter half of the 20 th century, it had been realized by the world that a deep relation exists between the environment on Earth and the living beings. This paper deals with the evaluation of the legal policy of environment protection in India which is the largest democracy in the world and adopted the welfare policy for its citizens.

Indian Journal of Applied Research, 2013

Even before Indian independence in 1947, several environmental legislations existed but the real impetus for bringing about a well-developed framework came only after the UN Conference on the Human Environment. Under the influence of this declaration, the National Council for Environmental Policy and Planning within the Department of Science and Technology was set up in 1972. This Council later evolved into a full-fledged Ministry of Environment and Forests in 1985 which today is the apex administrative body in the country for regulating and ensuring environmental protection. After the Stockholm Conference, in 1976, Constitutional sanction was given to environmental concerns through the 42nd Amendment, which incorporated them into the Directive Principles of State Policy and Fundamental Rights and Duties. Since the 1970s an extensive network of environmental legislation has grown in the country. The pollution control boards (CPCB Central Pollution Control Board and SPCBs State Pollution Control Boards) form the regulatory and administrative core of the sector. A policy framework has also been developed to complement the legislative provisions. The Policy Statement for Abatement of Pollution and the National Conservation Strategy and Policy Statement on Environment and Development were brought out by the MOEF in 1992, to develop and promote initiatives for the protection and improvement of the environment. The EAP (Environmental Action Program) was formulated in 1993 with the objective of improving environmental services and integrating environmental considerations in to development programmes'. Other measures have also been taken by the government to protect and preserve the environment. Several sector-specific policies have evolved, which are discussed at length.

The Rio treaties broadened the concept of common concern and global responsibility for protection of environment. Economic growth and environmental degradation can be de-linked by promoting more eco-efficient growth patterns. Despite the rapid economic growth the concern of environmental sustainability is the challenge of every country. This paper highlights the direct relation of government role in the monitoring process of environmental impact assessment towards sustainable development. The signs of unsustainable growth include high future infrastructure costs, an increasing tendency to produce waste and continuing declines in natural capital of country. Environment and its protection need a wide approach irrespective of boundaries. An economic and social justification characterize all environmental protection measures aiming to protect human health and safety. Through effective legislation on environment issue and with national instrument of Environmental Impact Assessment (EIA) the path of sustainable development can be easily achieved. The right to decent, healthy and viable environment is not only the right of present generation but is the right of human race on earth. This right becomes the root word for sustainable development. Effective implementation of law and people participation is required to ensure environmental governance in India.