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Archive for June 2020

To discipline a rogue ministry

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On 23 March, Ministry of Environment, Government of India, issued a draft notification, called the Environment Impact Assessment Notification, under the Environment Protection Act of 1986. This draft notification brought in proposed changes to the way environmental clearance for projects (industrial, infrastructure, commercial) would be given and changes to violations and transgressions of rules and regulations.

Whether the ministry, as ministries usually are, was partly or not at all in possession of its wits at the time is not known, because it gave Indian citizens 60 days to read the draft notification (83 pages) and reply with objections and suggestions, and when the national ‘lock down’ was announced the next evening, remained silent about the 60 days, until 11 April, when the draft was published in the official gazette.

How were people expected to read, analyse, discuss and respond to the notification when they were locked down and fearful? The ministry wasn’t bothered. How were people already affected by the many projects all over India that have degraded their natural habitats to take stock of the new measures? Not our problem, was the ministry’s attitude.

On 7 May, two weeks before the expiry of the deadline for citizens to write in with their objections and suggestions, the ministry relented, and then only because of the outcry over issuing an important draft notification during a ‘lock down’. The deadline was pushed back to 30 June, with the usual ‘cover my backside’ language that bureaucrats use because they know no other: “The Ministry is in receipt of several representations for extending the notice period expressing concern that the draft EIA Notification 2020 was published during the lockdown imposed due to the Corona Virus (COVID-19) pandemic. Therefore, the Ministry after due consideration, deems it fit to extend the notice period …”

I have sent in my objections, and there are many. The only suggestion I have is that they all be sacked and have their pensions and gratuity cancelled, but I have not included that in my reply because it is off topic. Here’s the opening section:

“There have been more than 39 amendments and 250 office memorandums diluting the EIA 2006 Notification. The primary work of a ministry of environment is protection of our natural habitat in all its forms and for all the benefits it gives us. The responsibilities given to the ministry devolve from the citizens, from the many living beings that inhabit our natural habitats and especially from the spiritual and philosophical guidance given to us by previous generations about our prakruti, that is, nature in all its forms as it exists and in all the forms it must reach unhindered by our activities. I remind the MoEF&CC is reminded of this responsibility.

“Any change to existing law or regulation under the purview of the ministry, and amendment or addition, has perforce to continue to adhere to the principle and the scope of the responsibility, considered in its widest sense, that the ministry bears.

“At the same time, I remind the ministry that its responsibilities are defined administratively, as part of the institutions of governance of the state, and in accordance with the inalienable rights of the citizens of India, present and future, to enjoy our natural habitats and derive from it benefits, that in no way diminish the natural habitats, that relate to their health and bodily well-being, their spiritual and psychological well-being, their livelihood and household economic activities which are conducted by responsible dependence on the natural habitat.

“Therefore, the full scope of environmental responsibility includes all citizens of India, a pool of knowledge and practice that, under the principles just outlined, is manifold greater than that which can be commanded by the ministry. I remind the ministry that it is fundamental to understand and explicitly recognise this difference in scope of responsibilities.”

Here is my full reply to the Ministry of Environment, Forest and Climate Change on its draft EIA notification 2020.

Written by makanaka

June 29, 2020 at 15:18