[Urbanstudy] Campaign Appeal to PM to repeal EIA Notification 2006

[ESG VSNL India]

Environment Support Group ®

*105, **East End B Main Road**, Jayanagar 9^th Block East, **Bangalore** 
560069 **INDIA***

*Telefax: 91-80-22441977/26531339 Fax: 91-80-26534364*

*Email: *esg at esgindia.org <mailto:esg at esgindia.org> or* 
*esg at bgl.vsnl.net.in <mailto:esg at bgl.vsnl.net.in>* Web: 
*www.esgindia.org <http://www.esgindia.org/>* *

 
17 July 2007

 

 

Dear Friends,

As you are aware, the Environment Impact Assessment Notification - 2006, 
issued by the Indian Ministry of Environment and Forests on 14 September 
2006, is amongst the most controversial legislations brought into effect 
in recent times.  This subordinate legislation provides the Ministry 
enormous powers to justify and clear a wide variety of high impact 
projects including petrochemical complexes, nuclear power plants, large 
infrastructure projects such as roads and railroads, dam building, 
mining, highly polluting industries, construction of high density 
commercial and residential complexes, Special Economic Zones, Exclusive 
Economic Zones, airports, etc.

EIA Notification is the only piece of legislation that provides 
statutory support to appreciate the potential environmental and social 
impacts of such projects, and also for involvement of local communities 
and the wide public in making decisions on such matters.  In 
comprehensively revamping this Notification, the Indian Environment and 
Forest Ministry actively neglected the need to consult Parliament, 
Legislatures, Local Governments and the wide public and admittedly 
consulted only with industry and investment lobbies.  Needless to state, 
the outcome is the current EIA Notification that wholly subordinates 
environmental and social considerations to investment priorities.  
Shockingly, the Notification subordinates the importance of prior 
informed consent and due and legitimate participation of the wide public 
to the discretion of the executive.

Since the EIA Notification was issued last year, this deeply flawed 
legislation has proven to be a major problem in implementing its 
provisions to the Ministry of Environment and Forests.  In addition, 
State Governments have been lagging behind in constituting a variety of 
Expert Commitees and Impact Assessment Authorities required for 
effective implementation of the provisions of this Notification.  
Shackled by budgetary constraints, this over-bureaucratisation of 
environmental decision making in India has resulted in achieving the 
very opposite purpose of what the Ministry is mandated to do - the 
conservation of our natural resources, protection of ecologically 
sensitive areas, protection of lives and livelihoods and mitigation of 
the adverse impacts of development.  Over a dozen circulars, notes and 
memos issued by the Ministry in clarification of the features of the 
Notification, is evidence enough of how deeply flawed this Notification 
is, and how problematic its operationalisation has become.

We are of the sincere opinion that if this Notification is not repealed 
with due dispatch, India and its peoples will suffer unnecessarily from 
the adverse consequences of industrial and infrastructure development 
that will subordinate environmental and social considerations and 
threaten the ecological security of India.  We have comprehensively 
addressed this issue in our publication /"Green Tapism: A Review of the 
Environmental Impact Assessment Notification - 2006"/, details of which 
are available online at www.esgindia.org.  Even as we were grappling 
with the implications of the EIA Notification, leaked copies of the 
proposed comprehensive amendment to the Coastal Regulation Zone 
Notification, to be replaced by the Coastal Management Zone 
Notification, reveals that the Ministry proposes to comprehensively 
dilute our coastal protection laws next.

As we share our concerns, we urge you to join us in pressing for the 
repeal of the EIA Notification 2006 by writing to the Prime Minister of 
India, Dr. Manmohan Singh, who also holds the portfolio of Environment 
and Forests.  A draft letter highlighting various issues of concerns is 
enclosed for you consideration.  Please feel free to adapt this letter 
and do include  your full contact details before sending it to the Prime 
Minister. We believe that multiple appeals would bring greater emphasis 
on this matter of critical importance and hopefully help in securing for 
India an effective and pro-environment EIA law.

We will be grateful if you mark a copy to us.

We are also happy to share with you the proceedings of the release of 
"/Green Tapism/" on 4^th June 2007 by Dr. B. K. Chandrashekar, Hon'ble 
Chairman, Karnataka Legislative Council. The release included a 
discussion involving a rather diverse panel reflecting the views of the 
Government, regulatory authorities, academia, industry, social action 
and media.  This panel brought out a range of perspectives on 
environmental regulation in the country. A report of the proceedings is 
attached.


Thanking you,

 

Yours sincerely,

 
 

 
Leo F. Saldanha                                                 Bhargavi 
S. Rao                                                 Arpita 
Joshi                       
Environment Support Group

 

Encl. As above

 


 

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