google-site-verification=cWndXyaTEZcYjY4FEyyTfPaDNZXT6dEW31FwW6Upp9A RECENT DISASTER: Disaster due to failure of EIA in India

15 July 2020

Disaster due to failure of EIA in India

EIA (environmental impact assessment):-

Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural and human-health impacts, both beneficial and adverse.

Failure of EIA:-
Gas leak at Union Carbide's pesticide plant in Bhopal Incident of fire in an oil well in Assam Gas leak at a chemical plant in Visakhapatnam I need not count and will tell you how many people have died in these disasters and  How many people have been affected indirectly, I will come directly to this point and ask you- Do you want such a disaster to come next to your house?  Or in your village or in your towns?  If not, read this article carefully and what I tell you at the end is that after the 1984 Bhopal gas accident.

The Indian government felt that the existing environmental laws in India were inadequate if we wanted to prevent such disasters from happening in the future, then stronger and more powerful laws were needed. That is why the Government of India came up with the Environmental Protection Act in 1986.  The Act had a new procedure - EIA (Environmental Impact Assessment). This process is applicable to all projects in India. It is an immovable property in construction somewhere in India, or construction of a dam or highway or coal mine or a chemical plant.  Like an infrastructure project EIA is applicable to all these.  This process tells us what we should see. Any project will have an impact on the environment. If a coal mine is going to be built somewhere, how many forests will be removed in the process?  What will happen to the people of the surrounding villages?  Will they lose their livelihood?  We should look at both the positive and negative impacts of the project and then efforts should be made to minimize the negative effects as much as possible and if the environment ministry feels that the negative effects are too adverse, then such a project should not happen.

Therefore, environmental clearance will be granted on the basis of EIA, if clearance is granted.  I will show you a brief description of the entire process.  First, there is a process of site selection - where the coal mine will be built, the selection will then follow the environmental impact assessment.  After which, an application for NOC (No Objection Certificate) will be made and then a public hearing will be held - the public will be asked that the people living there will be asked their opinion, a report will be prepared based on that,  The Environmental Appraisal Committee, which is a committee of experts and scientists, has passed, they will judge whether it would be okay to build a coal mine at that location or if that negative impact is far away or if they have that negative effect  Reduction is suggested or something else can be done. For example, people living in nearby villages can be compensated for deforestation along with other means of livelihood.  Trees can be grown elsewhere.  This committee will make and make suggestions before the company and then the project will be accepted and environmental clearance will be given by the Ministry of Environment.  This process sounds very good to all, but in reality, its implementation is not so effective. This law has many shortcomings and has also been misused.  Many cases have been observed.

In which a coal mine or a power plant has been constructed without public hearing, for example, in the case of Chhattisgarh, a steel and power limited plant was constructed and the public hearing for the same was not conducted properly  was.  In other cases, public hearings are held but th e company sends its own people to threaten people against speaking out against the project.  In some cases, EIA reports are fake. The study has not been conducted properly and that is why disasters like Visakhapatnam gas leak occur in our country, in this specific case, this plant was not even given environmental clearance and despite that,  It was operational and the story behind the fire in the oil wells in Assam was that there was no public hearing for the project, the project was in violation of environmental laws and despite that, it was in operation, you clearly  We can see that these laws were not being enforced in a sound manner, which leads to disasters like these, therefore, there is no doubt about the fact that the law needs to be strengthened and its  There is a need to further strengthen the implementation.

But what exactly is happening today?  The government is doing exactly the opposite in the new draft EIA, which it has just released.  The government announced that it is bringing some changes to the EIA process this year and they released their draft in the month of March.  It is a document of about 80 pages.  It is available on the government website.  The draft complements the changes the government wants to make to the environmental impact assessment, which they, ideally, want to enact a law they have given public time.  August 11 and if any of us feel that there are some shortcomings in this law and if we have any suggestions, we can write them on this email id and put them before the government.  The problem is that there are many issues. With this new EIA draft, instead of strengthening the Environment Act, it weakens it so that all industries can easily take advantage of it and it will lead to the disasters that we see today  How is multiplying in the future?  Let us look one by one.  The first problem is that the draft contains a clause of "post facto clearance", saying that if a project has already started construction somewhere without environmental clearance, then it is not an issue a project is already without environmental clearance.  This is not an issue somewhere in operation, or the project may get environmental clearance later.  This is extremely dangerous because you have already seen the Visakhapatnam gas leak.  The chemical plant involved in that case was operating without an environmental clearance, according to this new law, think about it completely and legally — say, a coal mine to be built after clearing a forest  Has been, and the government says it is okay for them to do so.  They may later get an environmental clearance if they have not been approved before, in April, the Supreme Court also ruled that post fact clearance is a wrong approach and that such legislation should not be made a second problem.  The time of public hearing has been reduced.  Earlier, 30 days were nominated for Jansunwai.  Now, only 20 days will be provided.  This is clearly stated on page number 47.  The last line of point 3.1 states- "A minimum notice period of 20 days shall be provided to the public to present their responses." 30 days were already inadequate.  It has now been reduced to 20.  Say about it- Say, a big dam is being constructed, which can take 6-7 years to build and yet you are providing a period of 20-30 days to the villagers to assess it.  Its negative effects?  This is a very small window for them to present themselves before the government officials.  The third problem - if a project violates environmental law, the public has no right to state that the violation can be disclosed by the infringer itself or the government explain it to me with an example - say that I  I am building a coal mine in the middle of a forest.  After moving away from the forest, I build a coal mine in the middle of a national park which is a violation of environmental law.  This is happening in public, but they cannot do anything.  The public has no right to cite that violation.  This violation can be manifested by the violator himself - so I can tell myself that I am doing wrong by building a coal mine and I can violate the laws or the government can indicate that page no. 29.  Point No. 22 "Violation will be identified on the Suo moto application of the project proponent" The Suo Motu application means that the person working on the project can refer the infringement on its own or it may be done by a governmental authority or evaluation committee or regulatory authority  Can.  This is completely wrong- they are basically hoping that if someone has stolen, the thief himself can say that he has committed the crime. None of you can tell that the fourth problem is - until now.  , Any project that was related to national defense or security, then that project was not put up for public hearing and the information related to it was not made public, because it is true in some important matters that concern national security.  Not required but the government has added an additional line to this new draft page number 9, point 7.  "All projects related to national defense and security or involving other strategic considerations set by the central government."

This third part is problematic.  The government says that strategic projects according to the government will not be disclosed by the government as per public information and there will be no public hearing.  This means that the government can impose a "strategic" seal on any project.  Tomorrow, if someone builds a coal mine in Ranthambore Park, and the public asks why it is happening and asks for details, the government can put a "strategic" stamp on it and refuse to give any information on it  .  In order to decide what is strategic and what is not, if it is not a matter of national security concern, the government has defined a number of projects that will be exempted from public consultation, I will show you an example- Page no.  Go to point No. 2 states that "public consultation is free from the following—" and he lists those points as projects in which there will be no public consultation.  That point number f favors all linear projects in border areas and if you look at the definition of border areas on page number 3, point 6, you will see that border area means 100 kilometers from the Line of Actual Control with border countries in Hawaii.  Is the area falling within distance.  India, basically, in the entire region of North East India, will have almost no public consultation and is already a very sensitive part.  There are many forests in North East India that are not yet cleaned and are not untouched now, they will be endangered due to this.  The government will no longer seek advice from the public here, see how large the area of ​​100 kilometers is.  Look at the distance of 100 km from the borders in the North East.  It covers almost the entire North East India, where there will be no public consultation for the projects and no forest will be approved.  Coal mines and chemical plants will be built here without public consultation but there is still time.  The government has not yet implemented these changes.  Right now it is only a draft.  We have until August 11.  We have a deadline of 11 August and till then.  Thanks to the High Court.  The High Court has extended the deadline by putting pressure on the government, we can send our suggestions.  And the changes that the government needs in this draft, we can send in our suggestions on this email id- My first suggestion would be to tell you everything about yourself in this article.  Word and then send it to the government at this email address. I know that not everyone has time to read the 80 page draft, so I have highlighted the points that are problematic in this document and I have provided a link to this document  You can access it from there and have a look.  You can find out what these points mean for yourself and what changes should be implemented by the government.

If you don't have that much time, I'd say you can copy paste suggestions.  Pay's Opel who has read the entire draft properly, I am providing a similar link in the description below to environmental activists who have mentioned the clear cut that you can paste the changes to be implemented by the government as well  Can copy from  I have provided the link for this, on which all of us can email and pressurize the government for revenge, there is nothing that concerns only one or two people or only one or other political party.  This is the one thing that worries every person living in the country, tomorrow, an accident can happen as before.  When the forests of the country are cleared just outside our homes, when the air gets polluted, it affects us all.  This will ultimately affect all of us, which is why it is extremely important to share this article so that this information reaches more and more people.

 Thank you...


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