EIA 2020

The EIA draft 2020 have been doing the rounds on various online and social media platforms for a while now. People are doing everything in their hands to educate the rest and to put a stop to this draft from being implemented, which the national and most local medias have shut a blind eye towards.

This clearly depicts where their priorities are at, more on mainstream politics and other topics, putting the people who depend on such mediums in the dark. Unaware.

The very idea of people having to take to social media to get the word about such a devious plan is a clear depiction that weโ€™re in the endgame now. Itโ€™s going to be every man for himself from now.

The EIA draft of 2020 is something we as the citizens of this great nation canโ€™t afford to be a part in. Itโ€™s for a greater cause, for a better future. If neglected, the consequences coming generations will have to face will be a plenty. Itโ€™s now or never.

From elementary schools we are taught about the importance of conservation of mother nature and the dangers of pollution. Weโ€™re taught that the earth is our only home, yet and that we should do everything in our hands to protect it from such acts of fellow less concerned beings.ย 

Several movies and campaigns instituted by conservative environmentalists are more often that not given the spotlight to inform the masses of what weโ€™re in store for. I for one, believe that an educated nation will be a better functioning nation.

The destructions of the Bhopal Gas tragedy needs no introduction. A grave tragedy. Post the Gas tragedy of โ€˜86, the Government of India brought into action the Environment Protection Act with a concern for the safety of the Public and the Nature.

The EIA under the aforementioned Act of 1986, constitutes a process which prevents the industrial and Infrastructural projects by Individuals and body corporates from being approved without proper oversight. It basically consists of a tool of environmental management forming a part of project approval and decision making.

It ensured that every project would go through the process for obtaining proper environmental clearance certificates , for a better, safer tomorrow.

The point of contention in the draft of  Environment Impact Assessment is post-facto clearance and less public participation of the affected communities. Making the voices of the already barely heard voices, totally mute.

The EIA (Environment Impact Assessment) draft 2020 by the Ministry of Environment, Forest and Climate Change under the Government of India has a counter regressive approach towards protecting the nature of the Largest democracy in the World. 

The EIA covers numerous projects like mining of various minerals, infrastructure development, industrial projects, thermal nuclear and hydropower projects. The projects for which clearance was sought was allotted clearance by a panel of experts based on its potential impact on the environment.

It involves prospective changes suggested against the EIA notification of 2006. By embodying norms to weaken environmental norms and outright silencing the affected communities. 

This draft basically allows the various Infrastructural and Industrial bodies to go ahead with various projects and seek the approval later ( post facto clearance), which would certify the starting of various projects without proper clearance certificates, afterwards when the destruction wouldโ€™ve been already done.

The point of emphasis is that the principles embodied in the draft is against the various principles that shouldnโ€™t exist in such a democratic nation. It not only possess a grave threat to the environment but also takes away the fundamental rights of citizens to raise their voices and deliver criticism regarding such concerns.

Rather than strengthening the norms under the Act and allowing the people to participate and raise their concerns, this draft focuses on restricting the Publicโ€™s voice over such environmentally degrading projects.

It also curtails the right of the communities by legalising projects that has already caused a great deal of harm and the ones which are already existing without proper approvals under the EIA. Making potential threats of mass destruction legal.

However, the Government has commented that the proposed draft would further bring transparency and expedite the process of development. Experts in the field have commented that the only process expedited by such a drastic change would be dragging the country to the ground and crippling the powers of the common man versus huge industrial organisations.

Foreseeable accidents of Vizag Gas leak and the Baghjan Oil fire are grave examples of the gravity of destruction that can be caused by projects that are not run under proper EIA guidelines.

Sighting the present troubles already upon the citizens, the drafts brought to life should be of those which corporates building a greener and more sustainable future where the nature would be the heart of all operations.

Does EIA need revaluation?

This year, in March, a new draft of the EIA has been proposed by the Union Government. It constitutes some complicated and argumentative changes in the rules.


What was the need to bring out this notification in the midst of the pandemic?
How are people going to take part in public consultation during this lockdown?
How will they protest if they want changes in it?
Is the government trying to lay the blame on this pandemic for their decisions?


What is EIA?
On 27th January 1994, the Union Ministry of Environment and Forests (MEF), Government of India, under the Environmental Protection Act 1986, proclaimed an EIA notification making Environmental Clearance (EC) mandatory for expansion or modernization of any activity or for setting up new projects listed in Schedule 1 of the notification.
The Ministry of Environment, Forest and Climate Change (MoEFCC) has proposed a draft Environmental Impact Assessment (EIA) notification to replace the current one, which dates back to 2006. The EIA process is extremely important because it is the only process which is supposed to prioritize Environment safety over Economic benefits. A prior, free and informed consent of people is welcomed in it; people can ask questions about the need of the process. In this process, the project can be rejected on precautionary grounds. The values that are fundamental to the EIA process are sustainability, equity, environmental justice, accountability, transparency; it is these values that make the EIA meaningful.

But the new draft of 2020 is considered to change some of these basic values of EIA and some of the provisions are:
๏‚ง Projects can receive clearance post-facto; a project operating in violation of the EPA can now apply for clearance.
๏‚ง The draft says that no information on such projects shall be placed in the public domain. This list also includes all inland waterways projects.
๏‚ง Violations on any project can only be reported by any government representative or the project proponent, not citizens.
Now, the EIC members typically are bureaucrats, project proponents from previous projects who do not have any environmental credential.
๏‚ง Priorly the EIA report does not go directly to the decision-maker, that report is to be shared with the public. A person who may be directly affected by the report or anyone interested in knowing about its impact can participate in the public hearing. But now the Public Consultation may be cancelled owing to the local situation, i.e; if the people are protesting against a project that itself can be used to cancel Public hearing. Isnโ€™t it a violation of our rights?
๏‚ง Once the EC is granted it will be included for the lifetime in the project without any review. EC cannot be revoked even in case it violates EIA.
๏‚ง The time allotted for public hearings has been reduced to speed up clearance process, this makes it difficult for people living in rural and tribal areas who are most often directly influenced by these projects. Today we have 30days notice period which is itself insufficient, now itโ€™s been said to be reduced to 20days. The only motive behind this is that people will not be able to participate.
๏‚ง Earlier buildings of 20,000sq.m or above required an environment clearance after detailed scrutiny by the state-level expert committee. Now, in this draft, it has been proposed to make it 150,000 sq.m, more than 7times if you count.

The 2020 EIA draft seems to be leaning in favour of the industries and does not take care of the environment. This is important amidst the climate crisis and the pandemic. In the last 6 years, MoEFCC has given environment clearance to 2,256 of the 2,592 received proposals. At least 49 industrial projects have been approved since the lockdown began. Some of the projects which are in question are:
โ€ข Dibang Valley Hydropower Project, Arunachal Pradesh
A 3,097 MW project is being developed by Etalin Hydro Electric Power Company Limited which comprehends the felling of 2.7 lakhs trees in the subtropical rain forests.
โ€ข Coal Mining Project in Dehing Patkai Elephant Reserve, Assam
The government is discussing a proposal to divert 98.59 hectares of the reserve forest in Assam for a coal-mining project. This Reserve is home to a vibrant habitat including Asian elephants, Royal Bengal tigers, Leopard, and crab-eating mongoose.
โ€ข Oil Drilling in Baghjan, Assam
In 2016, Oil India Limited decided to extend its drilling and bypassed the public hearings clause. On May 27, 2020, an oil well in eastern Assamโ€™s Tinsukia district experienced a blowout which led to a fire.
โ€ข Talabira coal mines, Odisha
The forest area has been cleared in Odisha for an opencast coal mining project. Parts of the forest have been protected over decades by the local community are now gone forever.
โ€ข Gas leakage in LG Polymers, Vishakhapatnam
In May, there was a gas leak in this company and this project didnโ€™t have all the clearances as the company admitted this subsequently.
โ€ข A dyke at a Reliance power plant in Madhya Pradesh broke, spilling ashes over hundreds of acres of cropland, polluting the river and killing many people.

Recently the state government of Goa was caught for being engaged in fraudulence. It submitted a false report to obtain clearance for an airport near the ecologically sensitive Mopa plateau which will not only affect the vegetations or animals but also plunder the livelihood of hundreds of farmers. Even after this, no one was blamed for it. On the other hand, the EAC of MoEFCC revisited the project and issued a clearance.