‘Is MoEF becoming Ministry for fast-forwarding clearances?’

Centre’s attempt to dilute green laws to push projects denounced

March 28, 2015 12:00 am | Updated 05:49 am IST - NEW DELHI:

Environmentalists, lawyers and experts on Thursday denounced the Centre’s attempt to dilute green laws to push infrastructural projects, and discussed how the Ministry of Environment and Forests (MoEF) was more of a “Ministry for fast-forwarding clearances”.

The high-level committee (HLC) report prepared by a committee headed by former Cabinet Secretary T.S.R. Subramanian has come under sharp criticism for recommending principles of utmost good faith in industries and a single-window clearance system for various projects besides proposing an entirely new legislation called the environmental laws management act. The HLC report is currently being examined by the Standing Committee of Parliament.

The BJP government had in September formed the HLC to review the Environment Protection Act, Wildlife Protection Act, Water Act, Air Act and Forest Act, and suggest appropriate amendments after assessing the status of their implementation vis-à-vis their objectives and after considering various court orders and judicial pronouncements relating to these Acts.

Environmental lawyer Ritwick Dutta shared how the government is trying to push clearances. He added that even as it keeps talking about trying to balance sustainable development and environment, it is acting to the contrary.

Manoj Misra of Yamuna Jiye Abhiyaan also questioned the mandate of the MoEF. “There are fundamental problems with the MoEF’s working. It is not the Ministry of Environment & Forests. Rather the Ministry for fast-forwarding clearances. The agenda of the HLC also is how to fast-forward clearances,” said Mr. Misra.

What also came under criticism was the HLC’s recommendations with respect to forests, wherein it has said that no field verification will be needed till Stage-I approval and dispensing with the approval of the gram sabha for diversion of forest land for linear projects that benefit the community at large.

Environmentalist Chetan Agarwal expressed concern on the HLC suggesting that forests will only be areas notified as forests by the government, besides the suggestion that no area with private plantation and less than 70 per cent canopy cover will be covered under forest.

“By making such recommendations, the HLC knocks off a significant area of forests in the country,” he said.

Professor William Lockhart, Emeritus Professor of Law, University of Utah, also highlighted inequity in subjecting certain projects to rigorous screening systems while letting others be. He also stressed on how there was need to reflect on compromises that must be made politically to deal with environmental concerns.

A critique on HLC report, titled “HLC Report on Environmental Law: A Recipe for Climate Disaster And Silencing People’s Voice”, was also released.

The participants also agreed on bringing more and more people on board the issue of HLC report and creating a strong voice against it.

The HLC, besides Mr. Subramanian, comprises former MoEF Secretary Viswanath Anand, Justice (Retired) A.K. Srivastav, senior Supreme Court advocate and former Additional Solicitor General of India member K.N. Bhat.

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