Environment Explained Special Articles

Explained: Draft EIA 2020 and the surrounding controversies

July 26, 2020
The Commune

The Ministry of Environment, Forest and Climate Change released the draft Environmental Impact Assessment Notification 2020 (EIA 2020) for public comments on March 12, 2020. This notification is set to replace the existing EIA 2006. The Ministry has called for the submission of suggestions and objections to the draft by August 11 after which the draft will be notified.

The EIA 2020 notification gained traction after the Delhi Police’s Cyber Crime Unit blocked the website “FridaysforFuture.in” that campaigned against the Centre’s draft EIA 2020. Fridays for Future India is the Indian chapter of the ‘global climate strike movement’ spearheaded by Greta Thunberg the school girl who shot to fame as a climate ambassador overnight under which school students across the world are to skip classes on Fridays and hold peaceful demonstrations.

Since then, it has become a talking point and the criticism over it has been gaining traction.

In this explainer we break down what the fuss is all about.

What is an EIA?

An environmental impact assessment (EIA) is conducted before the commencing of any proposed infrastructure project to assess its impact on the natural environment. It is done to assess the possible beneficial and adverse consequences on the environment. It analyses the various alternatives for a project and helps relevant stakeholders in choosing the alternative that gives best economic and social benefits with least environmental costs.

It consists of several stages:

1) Screening – to determine if the project requires EIA and the level of assessment

2) Scoping – identify key issues that needs investigation and define time and boundary limit for study

3) Impact Analysis – identify and predict the impact on natural and social environment of the project site

4) Mitigation – recommend steps to avoid adverse consequences on the environment

5) Reporting – EIA report submitted to stakeholders

6) Review – examine the effectiveness of the report

7) Decision Making – government or other decision making body takes a call approve or reject or suggest changes to the project

8) Monitoring – ensure that the recommendations and mitigations made in the EIA report is put to effect

By considering the project’s effect on the environment early in the project planning phase, EIA helps in the protection of environment, using resources at the optimum level, reduces conflict through community participation in development projects and saves cost and time taken for the project.

Evolution of EIA in India

India is a signatory to several international conventions on environment of which the Stockholm Declaration of 1972 is of prime importance following which India enacted the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. After the Bhopal Gas Tragedy, the Environment (Protection) Act, 1986 was brought in.

Till 1994, the environmental clearance for projects from the Central Government was an administrative decision. It did not have any legislative support. The Government of India promulgated the first EIA notification in 1994 under the Environmental (Protection) Act 1986 making EIA mandatory for setting up new as well expansion/modernisation of projects. So far, 12 amendments have been made in the EIA notification of 1994.

The 1994 EIA notification was replaced with EIA notification 2006 which made environmental clearance mandatory for mining, thermal power plants, river valley, infrastructure (road, highway, ports, harbours and airports) and industries including very small electroplating or foundry units. It also shifted the onus of clearing the projects on the state government.

Under the existing EIA norms, projects are classified as Category A and B. Those that fall under Category A have to mandatorily  clear the EIA process. Category B projects are further classified into B1 and B2 depending on the scope of the project. Only B2 projects are exempted from EIA.

Draft EIA 2020

The EIA 2020 is set to alter 12 of the 14 clauses of the previous notification. The first impression that has been made of the EIA 2020 draft is that it prioritizes investments and spurring economic growth over ecological protection. Some of the contentious provisions are as follows:

1) Clause 26 of the new notification exempts 40 items from getting Prior Environmental Clearance.

2) Inland waterways projects and expansion/widening of national highways that includes roads cutting through forests and dredging of rivers has been exempt from Prior Environmental Clearance.

3) The time frame for conducting public hearing has been reduced from 30 days to 20 days.

4) Clause 14 gives a vague interpretation of public consultation and several linear projects such as roads and pipelines in border areas will not require any public hearing.

5) Allows for project proponents (industrialists) to engage private consultants for preparing EIA leading to a situation where the latter owing to the financial nature of the engagement could come out with a report favourable to the industrialist even though the project might cause harm.

6) While projects that are important to national security and defence are strategic in nature, there is no clear of ‘strategic’ and the Centre gets to decide on what ‘strategic’ is as the draft notes that no information on “such projects shall be placed in the public domain.

7) The new draft replaces the requirement that every company submit a report on its activities once every six months to once a year which has triggered fears that it will give opportunity for the violators to cover up the mess.

8) It gives the Union Government exceptional powers to appoint the members of the State Level Expert Appraisal Committee as the draft says that “In case the State Government or Union Territory Administration fails to forward the names of the Members and the Chairman to the Ministry, before 45 days of expiry of the tenure of the existing SEAC or UTEAC, the Ministry shall constitute the SEAC or UTEAC as an Appraisal Committee without referring to State Government or Union Territory administration.”

9) The most concerning of all the changes made is the provision of post-facto project clearance that lets projects operating in violation of the Environment (Protection) Act to apply for clearance.

Response to the draft so far

Many have raised concerns over the EIA 2020. While environmental activists have called for the draft to be rejected in entirety, a few other experts have highlighted the need to amend the problematic clauses.

Former Environment Minister Jairam Ramesh and currently serving as the Chairman of the Standing Committee on Science and Technology, Environment, Forests and Climate Change has written to Union Minister Prakash Javadekar ‘strongly objecting’ to the proposed EIA 2020 draft.

He has objected to the draft EIA 2020 notification on 5 grounds. He has said that the provision of post-facto project clearance goes against the very principle of assessment and public participation that would routinely legitimize illegality. He also noted that public participation in all steps of the process is being reduced by lessening the notice period for public hearings and doing away with the same for a number of projects. Mr. Jairam Ramesh observed that increasing the validity of environmental clearances allowing projects to secure land for long durations even when they are not constructed is tantamount to land grab and not development.

Mr. Jairam Ramesh observed in his letter that the draft EIA 2020 reflects a mindset that sees environmental regulation as an unnecessary burden and not as an essential obligation meant for sustainable development.

Quoting Vice President Venkaiah Naidu who in his characteristic style had once said that Nature + Culture = Future, Mr. Jairam Ramesh noted that how this equation will be thrown out of the window if the draft EIA Notification becomes a reality.

The EIA 2020 is just in its draft stage and has been put out for getting public comments on the same. The Ministry has called for the submission of suggestions and objections to the draft by August 11 after which the draft will be notified.