Hindustan Times (Bathinda)

Shut all escape routes for polluting industries

The central government must not allow such companies to regularise their operations by paying a token fine

- B Karthik naVaYan B Karthik Navayan is manager, business and human rights, Amnesty Internatio­nal India The views expressed are personal

The ministry of environmen­t, forests and climate change (MoEFCC) has for three years now watered down the requiremen­t for various industrial projects to conduct public hearings with affected communitie­s. And they don’t seem to be done yet.

Recently, the ministry announced a sixmonth period for industrial projects that have been operating in violation of environmen­tal laws to effectivel­y obtain post-facto clearances. What this means is that projects that have deliberate­ly flouted the law can now pay a penalty and regularise operations.

Worse, it is unclear if the notificati­on allows companies to again bypass public hearings they are required to obtain an environmen­tal clearance (EC).

Public hearings, which were establishe­d as part of the EC process by an Environmen­tal Impact Assessment (EIA) notificati­on, are often the only avenue for people affected by projects to put forth their concerns.

However, in many cases the public hearings are not satisfacto­rily held. In 2015, Amnesty Internatio­nal India’s research on three mines run by Coal India found that public consultati­ons suffered from serious flaws. All these concerns were borne out late last year by a report of the Comptrolle­r and Audi- tor General of India on Environmen­t Clearance and Post-Clearance Mining. The report found widespread deficienci­es and irregulari­ties in 62 out of 196 of developmen­tal projects that received environmen­t clearance. The fact that nearly a third of the projects examined did not conduct public hearings properly displays the callousnes­s of authoritie­s.

The March notificati­on is not the first attempt by the MoEFCC to dilute public hearings. Under the last few years of the UPA government, public hearing requiremen­ts for several projects were done away with. The trend continued with the NDA. In 2012 and 2013, the ministry issued office memorandum­s (OMs) that sought to provide post-facto environmen­t clearance to companies. The National Green Tribunal (NGT) quashed OMs stating that they were executive instructio­ns that could not replace the requiremen­ts of the EIA notificati­on and that they amounted to permitting what was otherwise prohibited by law. The NGT upheld the spirit of the EIA notificati­on. However, the present notificati­on is another attempt to dress up the OMs in different clothes.

The MoEFCC must clearly mention that public hearings are compulsori­ly held even where post-facto environmen­tal clearances are sought to be given. Otherwise, the notificati­on undermines environmen­tal safeguards, and jeopardise­s the rights of the communitie­s. Punitive action must be taken against projects operating without environmen­t clearances, and adequate remedy provided to affected communitie­s.

 ?? DHEERAJ DHAWAN/HT ?? The Uttar Pradesh government has identified 27 polluting industrial units along the course of river Gomti, a major tributary of the Ganges
DHEERAJ DHAWAN/HT The Uttar Pradesh government has identified 27 polluting industrial units along the course of river Gomti, a major tributary of the Ganges
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