By Matters India Reporter

Danapur, Aug 12, 2020: Catholic religious men and women engaged in social action have voiced serious concern over a draft notification that aims to make drastic changes in India’s environmental policies.

The Draft Notification for Environment Impact Assessment (EIA) 2020 “is quite obvious that the proposed changes are not guided by environmental concerns but by the profiteering of the corporate sector,” says a letter the Forum for Justice and Peace wrote to Prakash Javadekar, federal Minister of Environment, Forests and Climate Change.

The group draws the minister’s attention to the policies implemented by various governments in favor of neocolonial powers and the corporates that “have devalued and even destroyed the lives of millions of Indians.”

The August 11 letter says the EIA notification, if passed, would not only supersede and unconditional immediate withdrawal of a similar notification in 2006, under the Environment (Protection) Act, 1986.

“Our precious soil, drinking water, seas and forests, the fragile eco-systems are deeply encroached, polluted and destroyed. The new draft for EIA 2020, is certainly bound to intensify the crisis,” says the letter.

It also draws the minister’s attention to the draft avoiding various rulings made by the National Green Tribunal and Courts, including the Supreme Court concerning environmental protection.

“The proposed changes are not guided by environmental concerns but by the concerns of corporates,” the letter warns.

The Christian group finds as “most objectionable” the document ignoring the concerns of Adivasis, the community most affected by the dilution of environment regulations. “The words Adivasi, Tribal, Gram Sabha, Forest Rights Act, Fifth Schedule, Sixth Schedule, and PESA find absolutely no mention. This is an insult to the indigenous peoples of our land.

The forum is also concerned over the provision that gives the federal ministry the sole power to set up expert appraisal committee at the central and state level and important technical committee.

“ The appointment of members of such committees cannot be the sole prerogative of the Ministry. A more impartial method of selecting various committees’ members is needed, which would include competent women, and members of scheduled castes and tribes,” the form demands.

Another concern is the “re-categorization of projects so as to exempt a wide range of projects from the scrutiny of Appraisal Committees and also from public consultation.”

The Text of the letter:

Forum for Justice and Peace (FORUM)

FORUM National Secretariat, Mobile: 9334794265, 09490293330
C/o Jeevdhara Social Service Centre, E-mail ID: forumofreligious@yahoo.com
Sherpur P.O, Via Danapur Cantt, : forumofreligious@gmail.com
Patna, Bihar – 801 503

August 11, 2020
To
Shri Prakash Javadekar,
The Union Minister of Environment, Forests and Climate Change,
Government of India,
New Delhi

Dear Minister,
We are a group of concerned citizens of India who collaborate under the banner ‘Forum for Justice and Peace’ (FORUM). We are engaged in a variety of programmes and initiatives all across the country. Our efforts are only as per the directives of the Constitution of India, all geared towards the building of a more humane and peaceful society – founded on the noble principles of justice, liberty, equality, dignity and fraternity of all citizens who comprise the pluralistic fabric of our beloved motherland. In our efforts to realise our objectives we accompany the poor and the oppressed, the marginalized and the minorities , the women and children, the Dalits and Adivasis, the differently abled and oriented persons, and all other vulnerable and excluded groups and individuals of our country. In that sense, we do represent a sizeable section of the people of our country.

Through this letter we wish to express several of our concerns and demand that the Draft Notification for Environment Impact Assessment (EIA) 2020 which is to supersede the EIA Notification 2006, under the Environment (Protection) Act, 1986 be withdrawn immediately and unconditionally.

This notification deserves extensive discussions and the current Covid-19 pandemic which has gripped most of our country, is certainly not the time for that. It is quite obvious that the proposed changes are not guided by environmental concerns but by the profiteering of the corporate sector. The policies implemented by various Governments in favour of neo- colonial powers and the corporates has devalued and even destroyed the lives of millions of Indians. Our precious soil, drinking water, seas and forests, the fragile eco-systems are deeply encroached, polluted and destroyed. The new draft for EIA 2020, is certainly bound to intensify the crisis.

There is a provision for public consultation in the existing rules, including a public hearing at which the local community and interested persons can give opinions and raise objections, based on the draft EIA report prepared by experts for any project. The major change proposed from the existing regulations is the removal of several activities from the purview of public consultation. A list of projects has been included under Category B2, expressly exempted from the requirement of an EIA (Clause 13, sub cl. 11). Also, coal and non-coal mineral prospecting and solar photovoltaic projects do not need prior environmental clearance or permission in the new scheme.

It is worth noting that when India is improving its position in the World Banks ‘Ease of Doing Business Index’ to rank 63 out of 190 countries in 2020, an improvement of 14 ranks compared to last year, as far as the Yale University’s Global Environment Performance Index is concerned India is ranked an extremely low 168 out of 180 countries. This clearly shows that the priority of the Government is to help business by diluting of environmental regulations and with serious consequences for the environment, the lives and livelihoods of those dependent on natural resources. We are painfully aware of how the identity of our Adivasis, Tribals and other forest dwellers will be gone forever – once their natural habitat, the forests, are destroyed or taken away from them to be plundered and looted by rapacious powers.

The rules in India, including EIA 2006, privileged the interests of the project proponent by whittling down public consultations, accepting flawed and faulty EIA reports resulting from external influences, and ignoring the non-renewable nature of resources. Notification 2020 deepens the impact of that paradigm. Instead of ensuring tighter regulations and strict monitoring and implementation, the new draft has weakened the whole process.

As concerned citizens, we wish to bring to your notice the following:
1. EIA 2020 avoids various rulings made by the National Green Tribunal and Courts, including the Supreme Court concerning environmental protection.
2. The proposed changes are not guided by environmental concerns but by the concerns of corporates.
3. Most objectionable is the fact that in the entire document, the concerns of Adivasis who are going to be the most affected community due to the dilution of environment regulations do not form any part of the notification. The words Adivasi, Tribal, Gram Sabha, Forest Rights Act, Fifth Schedule, Sixth Schedule, and PESA find absolutely no mention. This is an insult to the indigenous peoples of our land
4. According to the changes proposed, the Expert Appraisal Committee at the central and state level and also to the important Technical Committee, the Ministry has the sole right for appointment and even in the case of State Level EIAACs, the Union Ministry retains the right to constitution of these Committees and thereby to intervene at the State level. These committees form the architecture of the environmental oversight required. The appointment of members of such committees cannot be the sole prerogative of the Ministry. A more impartial method of selecting various committees’ members is needed, which would include competent women, and members of scheduled castes and tribes
5. In addition to the above, some other concerns include (i) Re-categorisation of projects so as to exempt a wide range of projects from the scrutiny of Appraisal Committees and also from public consultation; (ii) Dilution and in some cases elimination of the process of public consultation; (iii) Post-facto legalization of violations by projects; (iv) a number of exemptions/ benefits given to projects through various clauses.

The draft notification is according to the pro-corporate agenda of the Central Government in the name of development. People’s interests or concerns of protection of the environment are not the concern of Draft EIA 2020. In fact it gives license for wrong-doing and blatant violations. This Draft Notification should be withdrawn. It may be redrafted taking the opinion of all stakeholders. This would be in the interests of the environment, the people and the country.

You are certainly aware of all the above. We wish to add our legitimate voice to the millions of others who have already expressed them these past weeks. We once again demand that the Draft Notification for Environment Impact Assessment (EIA) 2020 be withdrawn immediately and unconditionally!

Yours sincerely,

Sr. Dorothy Fernandes PBVM, Sr. Manju Kulapuram SCSC,
National Convener National Secretary

(On behalf of the FORUM)