E10 Environment in India

ENVIRONMENTAL ACTS NEED TO BE STRNGTHENNED, NOT DILUTED
The frequency and intensity of extreme climatic events have increased manifold over the last decade. With an increase of just above 1oC in global average temperature, extreme precipitation and huge floods and super cyclones and heat waves of unprecedented proportions are affecting several countries. Europe is currently reeling under one of its worst heat wave condition with the mercury close to 40oC. Wild fires are raging across France, Spain, Croatia, Greece, Portugal etc. India has been facing disastrous hydro-climatic hazards lie the Utharakhand floods of 2013 and Kerala Floods of 2018. Scientists have categorically warned of unbearable consequences if the temperature rise reaches 2oC. At a time when the climate crisis and species extinction at unprecedented rates are threatening the very existence of human race, the best gift we can give to our future generations is conservation and restoration of our environment and ecosystems. For this, we have to strengthen our environmental governance and environmental laws and ensure that they are implemented in letter and spirit.
Between 1974 and 2002, India had enacted a series of laws for the protection of the environment and ecology. Protection of natural resources including forests and water bodies and wildlife were made constitutional responsibility of the governments and citizens. Despite these acts and rules and orders and policies, our natural resources have depleted at an alarming rate, especially over the last 3-4 decades, our water and air and land have become more and more polluted raising question mark over the adequacy of the legislations as well as their implementation. The Environment (Protection) Act, 1986, along with the EIA notification of 1994 can rightly be considered as the mother of environmental legislation. The preamble of the 1986 EP Act states that – “WHEREAS the decisions were taken at the United Nations Conference on the Human Environment held at Stockholm in June, 1972, in which India participated, to take appropriate steps for the protection and improvement of human environment; AND WHEREAS it is considered necessary further to implement the decisions aforesaid in so far as they relate to the protection and improvement of environment and the prevention of hazards to human beings, other living
creatures, plants and property”. Unfortunately, the present draft amendment to the EP Act, 1986, along with similar amendments to the Water Act, Air Act and the Forest Act can only be considered as an attempt to dilute the existing laws. Converting project offences to mere environmental costs undercut the legality of the environmental compliance regime. In fact, the discussion note fails to justify the need for such an amendment, other than vaguely stating that this is based on inputs from several stakeholders. The proposed amendment is not at all going to help protect our environment.
In the proposed amendment to section 10 (3), even willful obstruction of persons empowered by the central government from entering a premise or carrying out inspection or other duties entrusted with him is sought to be decriminalised. This is totally unjustifiable
The discussion note states that this amendment is being made “in order to weed out fear of imprisonment for simple violations”. As such, one would have expected the ministry to specifically define simple violations and suggest decriminalization of these violations. Unfortunately, the amendment sees to decriminalise all violations as the proposed amendment to section 15 of the Act shows. It states, “Any person contravenes or does not comply with any of the provisions of this act or the rules made or orders or directions issued there under for which no penalty is provided he shall be liable to pay the penalty in respect of each such contravention or non complaints which shall not be less than 5 lakh rupees and may extent to 5 crore rupees”
The amendment further states that, "Provided that were the amount of the damage cost due to such contravention or non complaints by that person he is more than the amount of penalty such person shall be liable to pay the penalty equal to the amount of the damage caused" If a person has caused serious damage to the environment and he needs to pay only for the damages caused, there is absolutely no punishment for the offence.
At a time when the progressive discourse on the Rights of Nature is gaining momentum internationally and many courts across the globe, including the High Court of Utharakhand have recognised the rights of rivers and have accorded person status to specific rivers, causing harm to environment and ecology deserves to be treated on par with similar offences to human beings.
Based on the above discussions, we request the ministry to withdraw the proposed amendments to the EP Act, Water Act, Air Act and Forest Act in its present form. We request the ministry to begin wide consultations of steps for strengthening our environmental governance, for restoring our lost ecosystems to the extent possible and to mitigate the climate crisis. We would welcome a detailed discussion note along these lines in all regional languages so that fruitful discussions can take place.
The time available for providing comments on this important legislation is highly insufficient. We request that the period of public consultation be increased to two months.
Thanking you,
Yours sincerely
S.Unnikrishnan
(Managing Trustee, River Research Centre, Thrissur