Environment Impact Assessment (Draft) 2020, was introduced for public consultation on 23rd March, 2020 (see here). Since then, there has been widespread backlash, questioning the time chosen for the public consultation process, the unavailability of the draft in vernacular languages and the short period open for any public consultation (see here). With the interventions of the High Courts (see here), the last date to submit objections/suggestions was extended. As the public scrutiny had begun several questions has been raised over the possible dilution of the process and red flagging the imminent dangers (see here & here). The recent industrial accidents at LG Polymer factory at Vishakhapatnam and the blowout in as Oil India Ltd well at Bhagjan Assam, reiterate the importance of stronger regulations. In fact, the very regime of the Environmental laws is being scanned for fundamental flaws to be rectified.
Environment Impact Assessment came into being in early 1960’s as a part of increased environment awareness to technically evaluate and assess objectively the impact of new and existing industry over the environment. The idea, in a utilitarian sense, could be better understood with a concept of “spaceship earth”, i.e. earth is a vessel carrying all its life through the space and we live drinking the limited fuel it carries for its own voyage. Once the vessel breaks, the life support system will fail, sinking all the life forms it carries. Therefore, an EIA helps us to gauge the impact of our actions over the health of “spaceship earth”. Unfortunately, not everyone in the vessel have achieved the same comfort (socio-economic development) guaranteeing an equal opportunity for fullest enjoyment of their journey. When the global north grew during its age of industrialization the south is yet to see one, as the earlier opportunity was stolen during the colonial times (see here). Therefore, the global south faces a double burden, firstly to develop a stronger economy and secondly to address the environmental concerns while balancing the former interest.
This global south argument that’s rooted in equal opportunity to develop, and how a uniform environment protection strategy and development scheme would stifle this process. In other words, to generate livelihood and eradicate poverty at the earliest, industrial expansion is necessary and stronger environmental norms would stifle the same. When conceptually sustainable development sounds brilliant, in practical sense we are confronted with a question on how to reconcile the needs of a developing nation and its people without compromising the security of nature. There are also other important ancillary questions to be answered:
- affordability and the capability of developing countries in conducting EIA
- the capabilities of the general public in understanding and participating in the process
Rarely such questions are raised and even more rarely we endeavor to find answers to them. Ultimately EIA regulations are a tool that aids in the exploitation of environment, and not to deter, by balancing conservation with development.
Chinmaya Viswavidyapeeth took these questions head-on and tried to analyze and visualize how and where we draw the line in environment vis-a-vis development debate through this webinar.
Panelists:
Shyama Kuriakose, Senior Resident Fellow, Vidhi Centre for Legal Policy.
Nitin Sethi, Award-winning journalist with Reporters Collective. He has written extensively in Environment and government policy matters.
Adv Maitreyi Hegde, Lawyer, High Court of Kerala and Supreme Court of India, Founder & Chief Editor – nyayanishta.com (Kannada’s first online law magazine)