Press Release: 06 June, 2005: Mumbai

Loopholes and Fraud Plague Environmental Clearance Process in India

Public interest groups from around India met in Mumbai on 4th and 5th of June to launch Environment Clearance Watch (EC Watch). EC Watch is a collective of more than 30 public interest groups and individuals set up to share information and resources on environmental clearances with communities.

The meeting also confirmed support for the release of a report critically evaluating the environmental clearance process in India : "Eleven Years of the Environment Impact Assessment Notification, 1994; How Effective Has It Been?"

Professedly notified to increase public participation in environmental decision-making, the EIA notification of 1994 has today degraded to a mere formality thanks to the destructive role played by the Ministry of Environment and Forests, Government of India, according to EC Watch members.

The EIA notification requires preparation of Environment Impact Assessment reports for certain categories of activities including nuclear power plants, hydel power projects and mining activity. Environmental clearances for most of these activities can only be granted pursuant to the preparation of an environmental impact assessment and in most cases public hearings held to solicit responses from and assess receptivity of local communities to the proposed project.  EC Watch notes with critical concern that the Ministry has systematically undermined the spirit and letter of this notification.

"After eleven years of the notification, citizens' experiences of the implementation of the EIA Notification and decision-making process is filled with disappointment, anger and frustration," said authors of the report Kanchi Kohli and Manju Menon of Kalpavriksh Environmental Action Group. The report documents the 12 amendments to the notification, most of which have subverted the intent to promote public participation and have made environment decision-making less accessible to communities and more supportive of irresponsible investments.

The Northeast is a case in point. More than 160 large dams are proposed in the Indian Northeast, a global biodiversity hotspot that is also home to more than 350 indigenous communities. Though not very dissimilar to the experience elsewhere in the country, the Ministry is clearing ecologically destructive projects despite massive public opposition and based on fraudulent and shoddy EIA reports. At the same time it continues to turn a blind eye to violations of the notification, as well as the non-compliance of environmental clearance conditions.

"Our lands and our rights are being trampled upon by people who do not understand the complexities of indigenous cultures. The EIA process has been used to legitimise projects that sacrifice the interests of the people of the entire Northeast region to bring electricity to urban and industrial centres in India ," said Ramananda Wangheirakpam of Imphal-based Concerned Citizens on Dams and Development.

More dangerously, the Ministry of Environment & Forests is expected to publish a new draft EIA notification drawing on the advice of the World Bank and foreign consultants. The new draft, expected in mid to late June is geared to "reengineer" environmental decision-making to facilitate and expedite investments at the cost of public participation and the environment. "The new draft and the manner in which it was prepared is a slap in the face of democracy. Rather than solicit responses from communities and local government bodies, the Ministry of Environment has actively sought to keep out public comment, sometimes by physically removing NGOs seeking to respond to the proposed reforms at a meeting held by the Ministry in Delhi in November 2004," said Leo Saldanha, Environment Support Group, Bangalore. "At the same time, the Ministry has proactively sought and incorporated the concerns of corporate and business interests."

A signal about the direction in which the present leadership of the Environment Ministry is attempting to take the country is evidenced by the manner in which the new National Environment Policy was formulated, disseminated and discussed. The policy formulation process witnessed no engagement with the parliamentary process or wider public consultation, and sought to push forth reforms defined by the Govindarajan Committee on Investment Reforms. "It is ironical that the country's environment policy is subject to investor convenience thereby ignoring constitutional mandates and a plethora of judgements which establish that a clean and healthy environment is an integral part of the Right to Life," said T.Mohan, Environment Activist and Advocate, Chennai

Prompted by the disturbing trend to invite investments at any cost, the EC Watch collective concluded a two-day meeting yesterday to discuss strategies to counter the Environment Ministry's anti-environment and undemocratic policies. The groups have decided to launch a massive campaign targeting the Ministry of Environment and Forests over the coming months. "UPA Government'

s one year in power is the darkest chapter in India's environmental history, continuing processes initiated by the NDA government ostensibly to make India "shining" and our response to these policies will be commensurate with the threats posed by them to environment and local communities," said Deepika D'Souza of Environmental Justice Initiative, Mumbai.

In July, EC Watch will organise a "Dilli Chalo" agitation where affected communities from around the country will converge in New Delhi to challenge the Ministry of Environment's proposed reforms.

Around the Bhopal anniversary, EC Watch will also host the First Annual "Hall of Shame" Awards where project proponents and EIA consultants of the Worst EIA reports will be awarded. Community groups and NGOs are being requested to submit the worst EIA reports in their experience. These will be evaluated by a neutral panel of eminent people.

Dr. PR Arun and Deepika Dsouza
(for Organizers)
ENVIRONMENTAL JUSTICE INITIATIVE,
CORPORATE ACCOUNTABILITY DESK,
KALPAVRIKSH ENVIRONMENTAL ACTION GROUP & PARYAVARAN SURAKSHA SAMITI

Press Note released in Bangalore on 8 th June 2005