The recent focus of global attention has been the draft Environment Impact Assessment (EIA) Notification 2020 put forth by the Indian government. Concerns over the implications of the proposed notification have been voiced by a group of Special Rapporteurs affiliated with the United Nations (UN). Serving as independent experts under the United Nations Human Rights Council (UNHRC), these Special Rapporteurs are tasked with overseeing specific country or thematic mandates.
Understanding the Role of Special Rapporteurs
Working independently on behalf of the UN, Special Rapporteurs play a pivotal role in drawing attention to potential human rights violations. Recently, their attention was drawn towards India’s revised EIA notification, and they’ve expressed significant concerns about how the draft could impede the public’s right to a secure, clean, and healthy environment.
The Contentious Points of the Draft EIA Notification
The draft EIA notification has sparked debate due to a few controversial clauses. Notably, several large industries and projects are exempted from public consultation as part of the Environmental Impact Assessment process. Additionally, the draft proposes to shorten the timeframe for public response submission during public hearings from 30 to 20 days, a duration deemed inadequate for constructing substantial views, comments, and suggestions.
Reduced Transparency and Credibility
The proposed changes could lead to a lack of transparency and credibility in the EIA process. Particularly concerning is that the draft does not mandate information publication or public consultations for projects labelled by the Central government as ‘involving strategic considerations.’
Issues Around Post-Facto Approval
The 2020 draft permits post-facto approval for projects. In other words, projects can receive clearance even if construction has started or been completed without securing prior environmental permission. This feature contradicts the basic principles of environmental law and defies the precautionary principle, a cornerstone of environmental sustainability.
India’s International Obligations
The Special Rapporteurs query whether the draft notification aligns with India’s international law obligations. Being a signatory to the Rio Declaration (also known as the Earth Summit) adopted in 1992, India is obliged to adhere to environmental principles like sustainable development, the precautionary principle, and EIA. After the Rio Conference, EIA was formally incorporated into the Indian legal framework in 1994.
Response from the Indian Government
Despite the widespread concerns, the Environment Ministry Secretary assures that the proposed EIA 2020 does not infringe upon the UN Declaration of Human Rights. The official clarifies that the draft is open to public consultation and its potential flaws would be corrected in the final version. The issue of post-facto clearances would be regulated by the law, and running projects will only receive approval based on merit.
Need for a More Inclusive Approach
In light of the recent Vizag gas leak incident and the Covid-19 pandemic, it becomes increasingly evident that environmental preservation is vital for human well-being. The draft’s clauses and exemptions need careful scrutiny and the public must be included in the consultation process. The Ministry should focus on enhancing public access to information and raising awareness about public hearings and their impact on the EIA procedure.
Achieving Sustainable Development
Adopting a “Grow Now, Sustain Later” policy could potentially tilt against sustainable development principles. Alongside the EIA, there should also be a Social Impact Assessment to truly achieve sustainable development. In conclusion, the government must ensure that the new notification does not compromise environmental stability and respects the country’s obligation towards global environmental commitments.
