Environmental law as an organized legal system is expected to minimize, deter, penalize or mitigate the consequences of actions or inactions, of individuals and governments, that impact the environment, public health and safety. The environmental degradation witnessed in the present day can only be attributed to governments’ failure to address the need for stringent enforcement of existing laws and the inability to create awareness among its citizens. Industries and individuals have a social obligation to protect the environment, prevent environmental degradation and preserve the natural resources and it is time such an obligation remains etched in statutory law that enforces compliance obligations and attracts sanctions for non-compliance.
Organisation for Economic Cooperation and Development (OECD) defines Environmental Impact Assessment (EIA) as “an analytical process that systematically examines the possible environmental consequences of the implementation of projects, programmes and policies”. The analysis of such consequences help a nation to plan and develop policies to meet its agenda for environment protection. The regulatory framework for an EIA requirement in its present form does not impose a duty on citizens to conduct a fair and true assessment of all their activities which have a significant impact on the environment and the society at large. It is essential that preparation of an EIA report prepared to obtain environmental clearance for every major activity be rendered mandatory through the workings of a statute.
The Environment Protection Act, 1986 (EPA), founded on Article 21 of the Constitution of India guarantees the right to enjoy pollution-free water and air. The state takes on the responsibility to preserve and protect the environment for and on behalf of its citizens, yet, does not attempt to enforce the constitutional commitment imposed on every citizen of the nation to maintain ecological balance. Article 51A (g) imposes a fundamental duty upon citizens “to protect and improve the natural environment including forests, lakes, rivers and wild life, and have compassion for living creatures“. The provision implies that citizens including the governments and other private parties weigh the environmental impact of all proposed activities and take adequate steps to mitigate such impact.
The onus rests upon citizens to assume responsibility for actions which affect the environment and discharge their citizenship duties accordingly. The fundamental duty to protect the environment has far-reaching beneficial effects on the well being of a society and the nation and is not the same as forcing a citizen to sing the national anthem or develop a scientific temper. In its order upholding Justice Verma‘s recommendations on imposing fundamental duties on citizens, the Supreme Court stated that "It may be necessary to enact suitable legislation wherever necessary to require obedience of obligations by the citizens". The apex court has opined that governments should not hesitate to enact suitable legislation to enforce the fundamental duties upon citizens when it is expedient to do so.
There appears an obtrusive lacuna related to environmental impact assessment as envisaged in the present set of laws and a legislation that enforces mandatory environmental assessment of all developmental activities to propel diligent policy making. Statute law expresses the will of the nation and by establishing a specific law to meet the requirements of an EIA report, protection of nation's natural resources becomes the collective responsibility of all concerned and shall no longer be a exclusive burden on the state or that of the Courts. With the aid of action-forcing provisions, the statute in the lines of National Environmental Policy Act (NEPA) of USA could consolidate the EIA process in our nation and help develop, evolve policies which address the need to preserve environment as intergenerational equity.
Statutory provisions could force project proponents to take responsibility for every action or inaction encasing environmental protection by prescribing mandatory procedures for reporting and monitoring on pollution levels rendering them accountable for any environmental fall-out of a project. It could compel dissemination of adequate information to the public on infrastructure projects and other developmental works undertaken by governments and private parties for feedback and redressal.
It is more than evident that exemptions to such major activities alongside exemptions based on investment and extent of land utilized fail to serve the purpose of protecting our natural resources, instead granting exemptions on a finding of no significant impact could lend credibility to the entire process. An EIA report should also provide for viable alternative options in implementing the project or proposed activity which could introduce environmentally sound technologies (ESTs) and updates the data available to policy makers.
EIA report is expected to address all environmental concerns of any project at the planning stage and assist in studying the environmental feasibility of a project. It requires in-depth analysis of the impacts of a project, be it social or environmental, formulating mitigation measures and devising an environmental management plans. The mandatory implementation of mitigation measures, public participation without political interference in the implementation of projects and access to adequate information can be strengthened through a legislation. Projects having significant environmental impact need to be taken up for public hearing prior to their commencement and recommendations should not merely play an advisory role. Such recommendations emanating from public hearings should be treated as mandatory requirements within the project in order to obtain clearances. A statutory body needs to be established to review and implement the recommendations of an EIA report, accredit environmental consultants and attach criminal liability on those parties violating the laws by providing false or inaccurate data in their reports.
An EIA report should not merely restrict or prohibit activities that utilize or exploit natural resources but also help in conservation and restitution of lost resources. The entire process of finalizing an EIA alongside implementation of recommendation, alternate options and mitigation measures will ultimately push for legitimate policies for the protection of environment.
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