United Nations (UN) special rapporteurs have raised various concerns about the 2020 draft Environmental Impact Assessment (EIA) notification and have asked the government how its provisions correspond to India’s obligations under the international right.
Also read: ‘Nothing disturbing in the clauses of the draft EIA 2020’, says RP Gupta
A communication dated August 31 and posted on the United Nations Human Rights Council website by the UN Special Rapporteurs on a clean, healthy and sustainable environment; on human rights; on the right to food; on drinking water and sanitation stated that certain provisions of the notification could affect the effectiveness and transparency of the environmental regulatory framework in India.
The three important issues raised by the UN special rapporteurs are:
• The draft notification includes in Clauses 14 (2) and 26 an exemption from public consultation of several major industries and projects, as part of the environmental impact assessment process, such as the manufacture of chemicals and petroleum products. ; building, construction and development of areas; inland waterways and expansion or widening of national highways. “These exemptions are not justified given the substantial negative impacts on the environment and human rights that can arise from projects in these areas,” they have said.
• The draft notification does not require the publication of information or the conduct of a public consultation for projects labeled by the central government as ‘involving strategic considerations’. “Unfortunately, the draft notification does not clarify the criteria for the categorization of ‘strategic’ projects by the Central Government and, therefore, could be open to excessively broad interpretations,” they have observed.
• Speakers cited a worrying clause on “post-facto settlement”. These are for projects that have started without obtaining the required environmental authorizations or permits. “This practice contradicts basic principles related to the environmental rule of law”, they have pointed out. “As it is our responsibility, under the mandates given to us by the Human Rights Council, to try to clarify all the cases that come before us, we would appreciate the observations of the Government of India on the following matters: information and / or any comments (s) you may have about the issues raised? How do the provisions of the draft notification correspond to India’s obligations under international law? “the communication stated.
HT has sought a response from the Union Ministry of Environment, Forests and Climate Change (MoEFCC) on the UN communication. This copy will be updated with your response.
Meanwhile, on Wednesday, 500 scientists, researchers and academics from the country’s leading institutions, such as the Indian Institutes of Technology (IIT), wrote an open letter to the MoEFCC, urging it to withdraw the draft EIA notification. 2020. They affirmed that the measure would threaten the ecological and environmental security of the country. “It will take us a while to read the objections that we have received. A committee has been created to study the objections that have come down to us. The draft will not be finalized anytime soon, ”said Geeta Menon, Deputy Secretary of the MoEFCC.
The ministry had received around two lakh of objections to the draft EIA notice, 2020 until August 11, which was the last date for submission of comments and feedback.
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