EIA DRAFT 2020 | WHAT’S DEBATABLE ABOUT IT?

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

What is EIA?

EIA stands for Environmental Impact Assessment. It’s basically a set of policies, processes & tools to analyse the social and environmental impacts of any new developmental project before its given clearance.

In simple terms — if someone (a govt entity, a private company, an infra group) wants to move ahead with a new project, it has to undergo this assessment to see what are the pros and cons of the project. For example- will it damage local communities, what emissions will it cause, how are they going to mitigate the negative impacts, what’s the cost, will it destroy natural habitats and resources etc. If the damage being done is too high — the project shouldn’t get clearance.

Assessments like the EIA make sure that we’re growing, building and developing our countries sustainably. Meaning that we’re preserving what needs to be taken care of, that the project creators are responsible for the damage that they’re doing and can be held accountable.

How did it all start in India?

India notified its first Environment Impact Assessment norms in 1994, under the Environment (Protection) Act, 1986. It set a legal framework for regulating activities that access, utilise, and affect (pollute) natural resources. The then government had enacted Environmental Protection Act in 1986 in the wake of the Bhopal Gas Tragedy in 1984. Since the enactment of the law, all development projects need to go through the EIA process for environmental clearance.

The 2006 modified draft replaced the 1994 EIA. On 12 March this year, the MoEFCC further redrafted it in order to make the existing norms “more transparent and convenient” and invited public suggestions. On 30 June, the Delhi High Court extended the time granted for public opinion until 11 August. The ministry has received nearly 17 lakh public comments till the deadline. It’s quite a watershed moment in terms of public participation in environmental lawmaking.

Nevertheless, experts and activists have widely criticized the new EIA draft. They say it has adopted a backward approach in a departure from the existing 2006 version. Their argument is that it fosters non-transparency and encourages environmental violations.

What's debatable about EIA Draft 2020?

Let’s look at some of the debatable points of the EIA Draft 2020:

1. The draft permits “post-facto approval” for projects i.e. projects 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 clearance period for river valley projects have been increased from the existing 10 years to 15 years, and mining projects from the existing 30 years to 50 years.

2. The new draft reduces time allowed for public hearing on assessments seeking environmental clearance. It allows more projects to avoid the public comment process entirely. The draft notification reduces duration of public consultation process from 30 days to 20 days.

3. The new draft orders a project promoter to file a compliance report only once a year, which was previously every six months in the 2006 EIA.

4. The new draft lets the government have complete authority to categorize the projects as “strategic”. Furthermore, for such ‘strategic projects’ the government need not disclose any information to public.

How does it affect the Environment and Us?

The Draft EIA 2020 has been initiated with the vision of being pro-environment and people-friendly. But it is used more as a shield to favour industries and corporate interests. It essentially allows a lot of ‘development’ to be undertaken at the cost of the environment. This in itself is a violation of the scope of Section 3 of the Environmental Protections Act (1986).

For instance, Assam’s “Dibang Valley Etalin Hydropower Project” anticipates 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.

Also, the recent massive fire break out at Well No. 5 of the Baghjan oil field in Assam’s Tinsukia district has affected the livelihood of farmers and damaged croplands of many. Moreover, the proximity between the oil field and the Dibru-Saikhowa National Park has imposed threat to the biodiversity covering 400 species of birds and mammals. In fact, it is alleged that all the clearances weren’t in place. A 2016’s ‘The Wire’ report stated, “The environment ministry allowed Baghjan oil wells to expand without public hearings in December 2019 as OIL kept saying that the local communities won’t allow this expansion”.

We need to understand that while the economy of any country is extremely important, it is at the end of the day, a tool to serve its people. However, today this has shifted, and people have become simply parts in a system that is working to serve the economy. The economy should serve society; and not the other way around.

At the End!

To conclude, the EIA 2020 Draft legitimizes the type of harmful development that is leading us down a self-destructive path. The debate is not whether or not we need development, but rather, what kind of development we want as a country.

The EIA Draft 2020 needs to be rewritten to protect our future and the environment. As citizens of the country, we have a huge responsibility on our shoulders. We need to make ourselves aware of this draft and contribute to the sustenance of our environment.

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