Published in Dwarka Express on 23.7.22

Environmental Impact Assessment Amendment 2020 (EIA 2020) rules have come to stay! When the EIA 2020 draft was circulated in a hurried manner by Ministry of Environment, Forest & Climate Change (MoEF &CC) in the neck of the moment with no time given for review or public opinion. Lacs of mails objecting to many of the modifications of EIA 2006 flooded the ministry in less than a month, from nook and corner of the country, proposing a lot of changes.

As per EIA 2020, public consultation is not needed for projects concerning nation defence and security. This implies that the area near the border area will be not available for public consultation. It further defines the border area is defined as an area falling within 100 KMs from the border. Considering that India shares a border with Bangladesh, China, Pakistan, Nepal, Myanmar and Bhutan, covering a total distance of about 15000 kms and the total prohibited area works out to 15 lacs sq kms, precisely this area is nearly 50 % of India’s total land area of 32 lacs sq kms, excluding deserts.

The strange part of this arbitrary choice of massive land area is that the majority of the entire length of border areas fall in the Eco-sensitive Himalayas. Even if road projects alone come alongside the border areas, (already many road projects and tunnels including Char Dham road are nearing completion) these will destroy the delicate ecosystem of the Himalayas on the one hand and harm the rich biodiversity of the Himalayan area on the other.

Public consultation is very much required before going for any project. Under B2 category industries (exempted under EIA 2020), many large-scale projects are listed and in some activities like minerals, Pellets, cement plants, Synthetic rubber Petro Chemical and the like, complete freehand is given for projects falling even under MSME units as per definition given in the EIA 2020. This gives a blanket permission to MSME Sector for the activities listed.

As per MSME unit definition proposed by Hon Finance Minister Smt Nirmala Sitaraman to revive the economy affected due to COVID 19, the units with turnover of Rs 10 Cr to Rs 100 Cr are also coming under MSME. Going by definitions, literally a small industry will no longer remain as a small one. Obviously all B2 Units including MSME units will be exempted from public consultation. Even the public hearing appears to be a formality now and by restricting the number of days for huge projects, the people’s welfare is relegated to the backseat and people’s right to express is deprived. Environmentalists lament that EIA 2020 may do more harm than good!