(The Indian Express has launched a new series of articles for UPSC aspirants written by seasoned writers and erudite scholars on issues and concepts spanning History, Polity, International Relations, Art, Culture and Heritage, Environment, Geography, Science and Technology, and so on. Read and reflect with subject experts and boost your chance of cracking the much-coveted UPSC CSE. In the following article, Kannan K analyses the evolution of the Environmental Impact Assessment in India and the way forward.)
What is Environmental Impact Assessment (EIA)
The development-environment debate is a contemporary matter of contestation that explores the conflict between economic advancement and ecological conservation. This issue is particularly relevant in developing nations such as India which has ambitions of raising its quality of life while simultaneously contending with challenges related to environmental degradation and climate change.
Environmental Impact Assessment (EIA) has emerged as a mechanism to aid nations in walking the tightrope between economic development and environmental protection, ensuring that growth does not come at the expense of ecological sustainability.
EIA is a systematic process used to evaluate the potential environmental effects – both positive and negative – of a proposed project or development before it is approved. The primary objectives of EIA include the prediction and evaluation of the environmental, economic and social impacts of development projects. It facilitates informed decision-making by providing in-depth analysis of a proposed project and promotes sustainable development by identifying potential negative effects early in the planning stage, while also suggesting appropriate alternatives and mitigating mechanisms.
EIA also fosters popular participation in developmental decision-making by holding public consultations where citizens can express their concerns regarding a project.
Evolution of EIA in India
The EIA was first established in the US in 1969. In the case of India, the first form of EIA was established in 1976 when the Planning Commission instructed the Department of Science & Technology to assess the environmental impacts of river valley projects.
The EIA in India initially focused on large-scale infrastructure projects such as dams and power plants, and later expanded to a wider range of projects, including industrial facilities, mining operations and urban development initiatives. In 1986, the EIA was made statutory through the Environment (Protection) Act. The Government of India made Environmental Clearance (EC) mandatory for large projects.
Subsequently, the Environment Impact Assessment Notification, 2006 provided detailed guidelines for the implementation of EIA in India, and is considered the key legal document based on which a project can be given a green clearance for implementation.
Processes involved in EIA
The EIA Notification of 2006 classifies projects into two main categories: Category ‘A’ and Category ‘B’ based on their potential environmental impacts. Category ‘A’ projects require mandatory environmental clearance and are exempt from the screening process. These projects require a national-level appraisal and are evaluated by an Impact Assessment Agency (IAA) and the Expert Appraisal Committee (EAC).
Category ‘B’ projects, however, undergo screening and are subdivided into two types: Category B1 and Category B2. Category B1 projects go through a state-level appraisal with the State Level Environment Impact Assessment Authority (SEIAA) and State Level Expert Appraisal Committee (SEAC), which decide on granting clearance to the projects. Category B2 projects do not require an EC.
Thus, while Category ‘A’ and Category B1 projects undergo the complete EIA process, Category B2 projects are exempt from Assessment.
Steps involved in EIA
Screening: Determines whether a project requires an EIA based on size, nature, and potential impacts. Projects with significant impacts are subject to a full EIA, while those with minimal impacts may undergo a Rapid Environmental Assessment (REA).
Scoping: The possible environmental impacts of the project are identified, viable alternatives to the project and mitigation measures are analysed.
Public consultation: A key stage in the EIA process that provides space for affected local communities and other stakeholders to express their concerns regarding the project.
Decision making: Based on a thorough review of the EIA report, the concerned authorities determine whether a project is approved, rejected or approved with conditions.
Supreme Court’s observations
The EIA is increasingly relevant to developing nations in the context of climate change as it provides a system of checks and balances to protect against the indiscriminate exploitation of natural resources in pursuit of economic prosperity.
The Supreme Court of India has made several observations highlighting the importance of the EIA process. In the TN Godavarman Thirumulpad v Union of India case of 1997, the apex court recognised the right to a clean environment by stressing the importance of EIA and Environmental Clearance (EC) before the commencement of projects, particularly in forest areas.
In the MC Mehta v Union of India case of 1996, popularly known as the Ganga Pollution Case, the Supreme Court highlighted the necessity of environmental impact assessments in projects affecting water bodies to prevent pollution and protect rivers from industrial and urban pollution, underlining the idea that citizens have a right to clean environment.
In addition, in the Centre for Environmental Law v Union of India case of 2018, the Supreme Court repeated the importance of following EIA procedures in development projects and went on to underscore the importance of stakeholder inputs via public consultations in the EIA process.
Government’s initiatives
The government of India has launched initiatives to strengthen environmental governance and sustainable development. ENVIS (Environmental Information System) and PARIVESH (Pro-Active and Responsive facilitation by Interactive, Virtuous, and Environmental Single Window Hub) are such initiatives. They provide a platform for efficient environmental clearance processes and ensure access to accurate environmental information.
ENVIS was established in 1982 to collect, collate, store, retrieve, and disseminate information related to the environmental sector. It is a web-based distributed network of subject-specific environmental databases which aid decision-making in environmental issues. It provides valuable information to researchers, policymakers, and the public.
PARIVESH is a comprehensive single-window solution for the administration of all green clearances and monitoring their subsequent compliance across the nation. It aims to use the digital medium and the internet to reduce delays, enhance transparency, and improve efficiency in the environmental clearance process.
Draft Environment Impact Assessment Notification 2020
The Draft EIA Notification 2020 which seeks to replace the EIA Notification 2006 with the declared goal of modernising and streamlining the EIA process courted controversy for its potential to weaken environmental safeguards and reduce public participation.
One of the most contentious changes in the draft is the reduction of the notice period for public hearings from 30 to 20 days. While the Ministry for Environment, Forests and Climate Change justifies this reduction based on advancements in technology and the reduction of red-tapism, it raises concerns about adequate public consultation and awareness.
Moreover, the draft proposes to exempt a wide range of projects from public scrutiny, including those in the oil and gas, hydropower, irrigation, and manufacturing sectors, by adding them to the B2 category. This could have severe ecological impacts as all these projects have the potential to cause significant environmental damage.
The proposed post-facto clearance provision, which allows projects to be regularised after they have been established without EC, is also a bone of contention, particularly in the context of the Alembic Pharmaceuticals v Rohit Prajapati judgement of 2020, wherein the Supreme Court stated that ex post facto clearances are unsustainable in law and any attempt to grant ex post facto clearance would be void.
Furthermore, the draft excludes public reporting of violations and non-compliance. This places greater reliance on government authorities to identify and address environmental infractions, potentially compromising transparency and accountability.
Thus, there are concerns that Draft EIA Notification 2020 weakens environmental protections, reduces public participation, and undermines India’s commitment to international environmental agreements as it does not align with UNFCCC norms on EIA.
On the other hand, the notification also has several positive sides to it. It provides for streamlining of the EIA process, which can remove delays and administrative burdens for projects.
The fact that it seeks to align EIA with Sustainable Development Goals (SDGs) and its provisions to facilitate quicker ECs for low-risks projects, particularly for small and medium enterprises (SMEs) and infrastructure projects might aid India’s journey toward the ‘Viksit Bharat’ goal.
The provisions to increase transparency through the use of digital platforms could lead to better awareness and public scrutiny. The provisions for post-clearance monitoring and compliance can also help prevent flouting of norms once ECs are obtained. The Draft contains some flexibility in EIA requirements according to the specific needs of different project types and regions, making the process of getting clearance more efficient.
Way forward
India seeks to achieve two significant goals in the 21st century. First, the goal of attaining developed status by 2047, and second, to be a key player in the global battle against climate change by achieving various goals and commitments declared in various international agreements.
An efficient and effective EIA process will be an important prerequisite for India to attain both goals simultaneously. For this, it is imperative to have an EIA system that strikes the perfect balance between India’s economic and ecological goals without compromising one in favour of the other. The changes to the existing EIA process must take place based on this foundational principle.
There’s reported an average delay of 238 days in granting ECs. It needs to be addressed through the revision of bureaucratic and legal requirements to have an efficient, streamlined and transparent process for giving quick clearances to projects that have minimal environmental impacts.
The public engagement component of EIA needs to be strengthened further through longer public consultation periods and providing information in regional languages, ensuring that affected communities have opportunities to have their concerns heard and participate in decision-making.
The introduction of public hearings on projects might help strengthen public participation in the EIA process. The idea of an independent EIA authority that does not fall under the aegis of MoEF&CC and can make decisions that are binding has been mooted by various environmental groups. The enactment of a standalone EIA law is also part of the public discourse. These ideas may be explored further.
Both the slogans of ‘Grow now, Sustain later’ and ‘Sustain now, Grow later’ are unsuitable for contemporary India. India needs a solution where it can sustain and grow simultaneously.
Post Read Question
What is the Environmental Impact Assessment (EIA) process? Discuss its evolution in India.
How has India made use of the Environmental Impact Assessment (EIA) process to balance economic development with environmental protection?
How does the draft Environment Impact Assessment (EIA) Notification, 2020 differ from the existing EIA Notification, 2006?
An efficient and effective EIA process will be an important prerequisite for India to attain the goal of ‘Viksit Bharat’. Comment.
(Kannan K is a doctoral candidate in Political Science at the Centre for Economic and Social Studies, Hyderabad)
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