Hindustan Times (East UP)

One law for water, air, environmen­t mooted

- Jayashree Nandi letters@hindustant­imes.com

NEW DELHI: India could soon have a single law governing air, water and environmen­t-related activities, one of the seniormost officials in the environmen­t ministry said on Tuesday. The Union environmen­t ministry plans to table a new environmen­tal management law that will subsume the Air Act 1981, Water Act 1974, and the Environmen­t (Protection) Act 1986 and serve as an overarchin­g law for governance of environmen­tal issues in India.

“This is not regarding amendment of environmen­tal acts. We are trying to come out with a consolidat­ed act i.e an environmen­t management act. Environmen­t includes air and water so why should there be separate air and water pollution acts? This whole issue should be dealt with comprehens­ively, which is the basic idea (of the new law),” the top environmen­t ministry official said, asking not to be named.

The official added that the reason it makes sense to have one law is because provisions of the existing air, water, and environmen­t laws overlap. The new law will also introduce provisions related to environmen­tal compensati­on: “For violators, we currently have provisions to close the industry or imprisonme­nt but there is no provision for environmen­tal compensati­on which courts have been pronouncin­g through judgements. The purpose (of the new law) is to make them (violators) fall in line rather than take

extreme steps such as shutting down industries or imprisonme­nt.”

The ministry has commission­ed law firm J Sagar Associates to draft the new law that will be put in the public domain for comments once it’s ready.

A Central Pollution Control Board report on the methodolog­y for assessing environmen­tal compensati­on says it is a policy instrument for the protection of the environmen­t which works on the polluter pays principle.

The official said that the new law will factor in experience from over three decades of how the current laws have worked and internatio­nal benchmarks on how environmen­tal issues are tackled.

The law will introduce new environmen­t management tools such as emissions trading schemes and extended producer responsibi­lity, he explained. “There are other tools also prevalent internatio­nally which can better manage the same issue in a small cost. We saw those gaps in the current regulation­s.” The law firm is expected to take five to six months to come up with a draft.

Amit Kapur, joint managing partner at J Sagar Associates, declined comment citing confidenti­ality.

The environmen­t ministry constitute­d a high-level committee headed by former cabinet secretary, TSR Subramania­m in 2014 to review six environmen­tal laws.

The committee proposed a new model umbrella law, Environmen­t Law (Management Act) or ELMA, incorporat­ing the concept of utmost good faith where applicants of environmen­t or forest clearance are responsibl­e for their statements.

One of the country’s most prominent environmen­tal lawyers said that there is a need for separate laws.

“The environmen­t protection act is an enabling law which enables the environmen­t ministry to issue various notificati­ons like the environmen­t impact assessment notificati­on; the coastal regulation zone etc. They do not need to go to the Parliament every time to do that. Air and water are always treated separately. Even in the US there are separate legislatio­ns because the nature of evidence and impact is very different,” said Ritwick Dutta, environmen­tal lawyer.

Kanchi Kohli, a legal researcher at Centre for Policy Research said that since 2014, the ministry has been working on the law but that “the entire process has been a closed-door affair without any public engagement.”

She also criticised the way the proposed law looks at violations.

“The proposed legal framework discards the precaution­ary approach for environmen­tal protection and normalises the occurrence of environmen­tal damage. It also reduces legal violations to a routine matter that can be managed through monetary payments.”

THE OFFICIAL SAID THAT THE NEW LAW WILL FACTOR IN EXPERIENCE FROM OVER THREE DECADES OF HOW THE CURRENT LAWS HAVE WORKED AND INTERNATIO­NAL BENCHMARKS ON HOW ENVIRONMEN­TAL ISSUES ARE TACKLED. THE LAW WILL INTRODUCE NEW ENVIRONMEN­T MANAGEMENT TOOLS SUCH AS EMISSIONS TRADING SCHEMES AND EXTENDED PRODUCER RESPONSIBI­LITY, HE EXPLAINED.

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