Experts: Tweaks in green laws may dilute safeguards
NEW DELHI: The government has recently tabled draft legislations in Parliament to modify laws on biodiversity conservation and wildlife protection to improve ease of business that activists said could dilute environmental safeguards in the country.
The Biological Diversity Act (Amendment) Bill, 2021, tabled in Parliament on 9 December by environment minister Bhupender Yadav, provides exemptions to projects promoting Indian medicine systems, also known as Ayush. It has been sent to a joint parliamentary committee for further scrutiny.
On December 17, the government tabled the Wild Life (Protection) Amendment Bill, 2021, which seeks to rationalise the schedules under which wildlife is protected. It too has been referred to a parliamentary standing committee.
The draft laws are the latest in a series of tweaks carried out the central government to reform processes related to environmental and forest approvals for infrastructure and developmental projects.
The proposed modifications would effectively address current ecological and economic needs of the country, the government has said, but legal experts are concerned that such large-scale reforms would sidestep environmental concerns. Activists also said these modifications are sought without asking for public comments, as is the norm when laws are up for amendments.
However, minister Yadav said the Centre has sought comments on the forest conservation law, which is why a consultation paper was released to the states.
In October, the environment and forest ministry released a consultation paper on amending the forest conservation law to significantly change forest governance in India, which include facilitating private plantations, and exploration or extraction of oil and natural gas beneath forests by drilling holes from outside the forest areas. The paper also suggested that the use of forest land for strategic and security projects of national importance should be exempted from the need to obtain prior approval.
“The Wildlife Protection Act 1972 has to be amended for implementation of the Convention on International trade in Endangered Species of Wild Fauna and Flora (CITES). India is party to CITES and we have international obligations related to it,” Yadav said. “As far as the biological diversity amendment bill is concerned, these amendments were referred by four government constituted committees.”
However, several provisions in the draft laws introduced in Parliament could weaken environmental regulations, lawyers and researchers said. “The standing committee of the state board for wildlife is a derogatory step, as it will replicate the standing committee of the National Board for Wildlife, which led to a situation where the national board rarely meets and all decisions are taken by a select group of members of the standing committee, who are chosen by the environment minister,” said noted environmental lawyer Ritwick Dutta.
Dutta is also concerned about the proposed modifications to the biodiversity law. One of the major changes in the proposed law is that registered Ayush practitioners can access any biological resource and its associated knowledge for commercial utilisation, without giving prior intimation to the state biodiversity board.
“The amendment seems to be done with the sole intention of providing benefit to the Ayush industry,” Dutta wrote in a recent critique.
“The main focus of the bill is to facilitate trade in biodiversity as opposed to conservation, protection of biodiversity and knowledge of the local communities. The amendments are completely contrary to the aim and objective of the Biological Diversity Act, 2002.”
The amendment bills should be seen as part of a larger scheme of redesigning environmental regulation, said Kanchi Kohli, legal researcher at Centre for Policy Research, a think tank. The environment ministry has released several new policies and guidelines this year to ease provisions for mining, expansion of industries, and facilitate defence and security infrastructure. “In 2021, the environment ministry has been pushed to do two things. First, align its regulation to economic reforms introduced by the central government and, second, ensure compliance with international agreements including those related to climate change and access to biological resources,” Kohli said.
“The government is redesigning environmental laws to enable the unlocking of natural resources, asking fewer ecological questions and reducing standards of public involvement in decisionmaking.”