In a recent occurrence which made the headlines, the National Highways Authority of India (NHAI), during its presentation in Karnataka High Court, put forward an assertion that the Environment Protection Act, 1986 was enacted by Parliament not solely with the intent to preserve the environment, but also due to the intervention of foreign powers.
This peculiar claim is connected to a writ petition raised by an NGO, United Conservation Movement. The commendable organization champions environmental causes and has persistently contested NHAI’s infrastructural projects in areas recognized for their ecological significance, such as the Western Ghats and various wildlife reserves.
The NGO’s Fight Against Ecological Damage
The United Conservation Movement’s legal action began in response to a 2013 notification issued by the Union Environment Ministry. This notice eliminated the need for environmental impact assessment reports when expanding national highways beyond 100 km by more than 40 metres. The NGO perceived this as a green signal for reckless and detrimental environmental exploitation.
The NHAI countered that several NGOs, including the United Conservation Movement, are raising objections under the directive of foreign powers. The NHAI cited examples of international entities like Amnesty International and People’s Union for Civil Liberties, who filed Writ Petitions under Article 32 of the Indian Constitution via their Indian affiliates.
Unpacking Article 32 of the Constitution
Article 32 confers on individuals the right to approach the Supreme Court in seeking enforcement of other fundamental rights recognized by the Constitution. NHAI’s insinuation is that several domestic organizations, functioning as environmental and human rights bodies, are aggressively opposing development projects and challenging governmental policies through this constitutional provision.
The Roots of the Environment Protection Act, 1986
The Environment Protection Act, 1986 was passed post the United Nations Conference on the Human Environment held in Stockholm in June 1972. The NHAI’s claim in court incorporated this information, suggesting the Act was legislated not just for safeguarding the environment but also under the influence of international forces.
The Court’s Rudimentary Decision
In response to this ongoing debate, the High Court instructed the NHAI chairman to delegate a highly-ranked officer to research and scrutinize how the objections were filed. Additionally, the court asked United Conservation Movement to share specifics about its formation and environmental conservation activities.
Development vs Environment: An Age-old Battle
Economically, the environment is integral as it provides essential ecosystem services which include food, irrigation, drinking water, climate regulation, recreational services and nutrient recycling. However, the pursuit of economic development via rapid industrialisation and urbanisation often results in environmental degradation, jeopardizing these services.
Faulty Development Practices Amplify Environmental Risks
Faulty development practices like neglecting environmental regulations, providing subsidies without considering their impact on resource consumption, unrestricted access to natural resources and the complex dynamics of population increase contribute to environmental risks.
The Crucial Path Ahead
Despite significant progress made over the past century, issues such as poverty, famine and environmental deterioration persist worldwide. Thus, it becomes essential to ensure that our pursuit of development goals doesn’t compromise with environmental regulations. This marks the critical way forward in striking the right balance between development and environmental sustainability.
Last Modified: February 10, 2024