Hindustan Times (East UP)

Experts: Tweaks in green laws may dilute safeguards

- Jayashree Nandi letters@hindustant­imes.com

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.”

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