KSU written to Union Minister for Environment objecting the Draft EIA Notification 2020

Shillong, July 17: The Khasi Student Union has written to the Union Minister Government of India Mr Prakash Javadekar, incharge for Environment, Forest and Climate Change, to put an objection to Draft EIA Notification 2020.

In the objection letter that was written to the Union Minister the KSU, Central Executive Council, a student based organisation from the State of Meghalaya through this letter would like to express its resentment and disapproval against the draft Environment Impact Assessment Notification, 2020 which has been uploaded on the Environment Ministry website on 12th of March, 2020 seeking public comments.

As the whole globe is under health crisis due to the pandemic COVID – 19, and India as well has been hit severely by it and in the midst of such a national health crisis, we are deeply concerned that this draft notification has been put out. The Nation is more or less under lockdown and it is not certain as to when the long term public health, economic and social life will resume back to normalcy.

The EIA notification is an important regulation through which the impacts of land – use change, water extraction, tree felling, pollution, waste and effluents management for industrial and infrastructure projects are to be studied and use in developmental decision making. Any change in this law has a direct bearing on the living and working conditions of people and ecology.

In the letter the KSU have mention that Meghalaya, over the years has had its shares for environmental degradation which has left a drastic effect over the rich biodiversity, rivers and lakes, flora and fauna and the social and health issues of the people of the State.

These were due to unregulated mining of various minerals, deforestation, cement and coke factories which pollute the air and rivers and many other factors. Some factories even function without a valid environmental clearance.

Such factors have caused a long lasting effect on the environment and health of the people and over the years, the Union time and again has been highlighting these issues with the State Government seeking for its intervention.

The proposed draft EIA notification 2020 will further affect the ecological balance of the State as this draft has diluted the stringent laws to protect the environment. The Union would like to express its main concern in regards to draft EIA Notification, 2020 which includes, the Post – Facto grant, the draft EIA notification allows and approved the post-facto grant which can be waived off through a fine. This is derogatory to the fundamental principles of environmental jurisprudence.

Such amendments have serious threats and may cause irreversible damage which will lead to environment degradation. Post – facto grant does not account for the cost of irrevocable damages to the environment and health of the people.

Shortening of Public Consultation and reduction of time period to 20 days for the public to submit their responses during a public hearing for any application seeking environmental clearance will pose a serious problem in areas of the State where information is not easily accessible or in areas of the State in which people are not aware of the process.

The present 30 day time period is also very less for public to be made aware of the pros and cons of a certain project to be given environmental clearance and further reduction will only make the companies and industries to mislead and make ambiguous representation to the public which will be a violation of principles of natural justice.

Exemption of Large Industries (B2 category) from Public Consultation: Such exemptions are inexplicable and baffling, considering that many of these projects are meant for the public from whom this information will be hidden and subdue. It also goes against International Environmental Laws and agreements like the Stockholm Declaration, 1972, the Rio Declaration, 1992 and the UNFCCC Conference of Parties (COP) – 25 held in 2019.

Several red and orange industries have been moved from Category A (which needs expert appraisal) to Category B1 or B2 which have lesser EIA processes and B2 industries don’t need public consultation or EAC reports.

These include, but are not limited to chemical manufacturing and petroleum products, modernization of irrigation, buildings, construction and area development, inland waterways, expansion or widening of national highways, all projects concerning national defence and security or involving ‘other strategic considerations’ as determined by Central Government.

Increase Validity for Environment Clearance: The increase in the validity of environmental clearance for mining projects to 50 years and river valley projects to 15 years would increase the risk of irreversible environmental, social and health consequences on account of the project remaining unnoticed for long.

Industries to Submit Annual Compliance Report: Industries to submit compliance report just once a year instead of twice a year according to the previous law would allow for more leeway and dilution of environmental details.

During this period, certain irreversible environmental, social or health consequences of the project could go unnoticed because of the extended reporting time. These are some of the main concerns that the Khasi Students’ Union would like to reiterate that the people of the State as well as the Nation will be a victim of the devastating effects of these twisted diluted laws.

At COP 25, India exhibited its seriousness to tackle climate change. The new draft will come as a major embarrassment to the Nation at the international level. We, therefore, request the Environment Ministry to immediately withdraw the proposed amendments of the Draft EIA notification 2020.

Consider reissuing the draft only after health conditions related to pandemic COVID – 19 and the civic life is normalized across the Nation. 3. Ensure that there are widespread and informed public discussions on the implications of the amendments.

A full disclosure of the nature of comments received and the reasons for acceptance and rejection of these comments, prior to the issuance of the final amendments. We sincerely hope that the Environment Ministry will take note of the concerns raised by the Union and different individuals, groups, association etc.

The KSU urged the Union Minister to withdraw the Draft EIA Notification, 2020 and strengthen the role of environment and social protection of all people and nature instead of justifying the present forms of harmful development. The letter was sign by the President of the KSU Mr Lambokstarwell Marngar.

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