Public Objections to the Draft EIA 2020 Proposed by Govt of India

As you know, the Ministry of Environment, Forests and Climate Change has put the draft of new rules EIA-2020 in public domain; and has asked if any person is interested in making any objections or suggestions on the proposal contained in the draft notification may forward it to the ministry within 60 days from 12 March, 2020 and is now extended till June 30th due to Supreme Court Intervention.

Any person interested in making any objections or suggestions on the proposal contained in the draft notification may forward the same in writing for consideration of the Central Government within the period so specified to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi-110 003, or send it to the e-mail address at eia2020-moefcc@gov.in

URL to the Draft EIA Document

http://environmentclearance.nic.in/writereaddata/Draft_EIA_2020.pdf

As you are aware Notice period for draft Environment Impact Assessment Notification(EIA), 2020 extended till30th June. So please utilize the opportunity and raise concerns. Please find the Draft for the objection notice below in the end of post, please compose mail and sent to
eia2020-moefcc@gov.in

Draft Mail for Objection if you are in hurry, however recommend to compose your own format so that it doesn't end as spam, 

please send to: eia2020-moefcc@gov.in

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To
The Secretary,
Ministry of Environment, Forest and Climate Change
Government of India
Indira Paryavaran Bhavan, Jor Bagh Raod, Aliganj, New Delhi-110003.

Dear Madam/Sir,

Greetings from the Indian Citizen!

As you know, the Ministry of Environment, Forests and Climate Change has put the draft of new rules EIA-2020 in public domain; and has asked if any person is interested in making any objections or suggestions on the proposal contained in the draft notification may forward it to the ministry.

I am convinced that EIA 2020 is an attempt to skirt around all the major decisions of the NGT over the past few years, and therefore object to this draft.

Our pointwise objections are as follows:

• Instead of focusing on ensuring the protection of the environment, the draft EIA 2020 undermines the orders of the National Green Tribunal which had ruled against post-facto approvals. The purpose of this notification is to legitimize illegalities done by industries. It seems to be emphasizing that an industrial project that has violated environmental rules will have a right to seek approval for it as long as that project is permissible in the area. It is a mockery of the law.

• We also opposes the weakening of the public consultation process, which the draft EIA-2020 proposes.

• In the environment clearance process, public consultation is an important component under which the concerns of local affected persons and others, who have a stake in the environmental impact of the project, are ascertained with a view to appropriately take into account while designing the project. 

• In the latest draft, the MoEFCC proposes to expand the list of projects that do not need to seek public consultation before they seek environment clearance.
  

• The EIA notification is considered to be an important instrument for enabling environmental democracy through meaningful public participation. This participation is sought to be done through public consultation comprising two components – a public hearing and inviting responses from those having a plausible stake in the environmental aspects of the project. The draft provides for a reduction of time period from 30 days to 20 days for the public to submit their responses during a public hearing for any application seeking environmental clearance. It also requires that the public hearing process be completed in 40 days – compared to 45 days under the 2006 notification. The main reason stated for reducing the time is that it would become easy for new investments to complete the formality of EIA.
  

• Unless a public hearing is meaningful, the whole EIA process would lack transparency and credibility.
  

• The notification does not address these deficiencies pertinent in the process of public consultation, nor does it seek to ensure the authenticity or increased reach of information, that is critical for the concerned citizens to effectively participate in the process

• We demand that discourse and participation remain vital elements of environmental decision-making processes, the efficiency, relevancy and effectiveness of the steps and time period detailed under public consultation, need to be revisited.

• An EIA is considered an important tool to achieve sustainability. The Supreme Court has observed in Vellore Citizens Welfare Forum v UOI that companies’ are vital for countries’ development, but having regard to pollution, the doctrine of ‘sustainable development’ must be adopted by them as a balancing concept. If final clearance is granted after taking into account the environmental, social, health concerns, then it can be said that the government is using this process as a tool to ensure sustainability. But if we look at several aspects of the new draft notification, it seems that the government is compromising on the process – thus promoting ‘development’ without taking into account other concerns.

Considering these  points and in general the anti-environmental attitude that this notification has and all its members summarily and severely object to it; and hereby demand, that EIA needs to be improved-to make it more environmental-friendly. And this notification summarily discarded forthwith.

Thanking you

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