DR. RAM MANOHAR M ANOHAR LOHIYA LOHIYA NATIONAL LAW UNIVERSITY LUCKNOW
COLLECTION OF MATERIAL natural resources and energy law “SUS “S UST TAINI AINIBI BILI LITY TY
AND AND
CONS CONSER ERV VATION TION
OF
NATU NATURA RAL L
RESOURCES “
SUBMITTED TO: MRSS!a"untala MRSS!a"untala sanga# $Assoc%ate $Assoc% ate &ro' &ro' o' law( SUBMITTED B): a*!%s!e" s%ng! s%ns%nwar SEMESTER +%%% $ROLL NO ,-(
Green politics
IS JAIRAM RAMESH’S ACTIVIST STYLE HURTING DEVELOPMENT GUEST COLUMN ! Nil"#$%#& Mo%#nt' Environment minister Jairam Ramesh, to quote eminent economist Prof. Jagdish Bhagwati, is “an extraordinary politician with “terrific common sense, an acute intellect, an insatia!le intellectual curiosity, !oldness of vision and articulation in speech and writing. "herefore, it is somewhat surprising that he is increasingly perceived as a person who, !y his official actions, is pushing “hostility to economic development in the country. Perhaps it is his wor#ing style and the manner in which he see#s to enforce the country$s environment laws that has over time created for him such an image.
Everyone agrees that industrial, mining and infrastructure pro%ects must o!tain necessary forest and environmental clearances !efore starting construction. &orest conservation and environment protection laws have laid down definite legal procedures for securing such clearances. "hese procedures, in particular the environment impact assessment system prescri!ed in the '(() notification under the environment protection law, is meant to !e a fair, o!%ective and !alanced arrangement for the evaluation of proposals su!mitted for environmental clearance. "o insulate the process from !ias and political influence, many countries have autonomous and professional environment protection agencies to ma#e the decisions in such cases. *nfortunately this has not happened in our country. +nstead a multidisciplinary environment assessment committee comprising technical and professional persons with relevant expertise is supposed to examine the proposals through various processes including scoping, pu!lic consultation and appraisal. "he environment minister is required to pass a final -reasoned order on their recommendations, !ut it can create confusion if, while a pro%ect is still under the scrutiny of the technical assessment committee, there is a premature airing of views and engagement in pu!lic de!ates, as seems to have happened in the case of the /avi 0um!ai airport pro%ect. 1hile the location of a new airport at /avi 0um!ai may perhaps !e %ustified, the average citi2en, fed !y media reports, is left to wonder how a pro%ect that was o!%ected to on the grounds that it would harm the environment through destruction of large tracts of mangroves and damage the local river system was suddenly found to !e “environmentally clear3 4ow is it, one may as#, that such a compromise -covering even the forest rights issue was not possi!le in the case of, say, the !auxite mining pro%ect in /iyamgiri in the 5ppositionruled 5rissa although the pro%ect had earlier received environment clearance and also forest clearance from the country$s apex court and considera!le investment had gone into the setting up of an aluminium refinery there6 +n fact, some #nowledgea!le persons allege that the negative decision in respect of the pro%ect was fasttrac#ed through a series of actions from June7ugust '(8( that helped the main ruling party at the 9entre to claim credit as the champion of tri!al rights in a political rally held at /iyamgiri in 7ugust. :uch actions are !ound to compromise the integrity of the environment impact assessment system and the credi!ility of agencies involved in the forest and environment clearance procedures. "here is also a growing perception that the environment clearance system is !eing run in an ar!itrary manner reminiscent of the dreaded “licensepermit ra%. *nli#e the old industrial licensing, environmental clearance procedures are not a!out approving or re%ecting a
proposal; these are a!out !alancing the needs of development with those of conservation. "he primary purpose of these clearances is to anticipate and avoid or mitigate environmental consequences of development pro%ects and !ring a!out a pro%ect outcome that !alances developmental needs with environmental integrity. "his means that to the maximum extent possi!le the pro%ect proponents should !e allowed, even guided, to correct the perceived deficiencies and ta#e mitigating measures; and their considera!le difficulties and past developments and efforts in respect of a pro%ect must !e appreciated and evaluated !efore ta#ing any negative decision. +nstead, the preferred method appears to !e to serve dramatic “show cause notices and “stop wor# orders that have caused a set!ac# to a few large pro%ects.
orean firm Posco near Paradip, there have !een numerous flip flops; clearances given earlier have either !een withdrawn or fro2en, panels and committees are engaged in conflicting recommendations and the state government has !een slapped with a “stop wor# order in an ar!itrary manner, ignoring the numerous difficulties that pro%ect and local authorities nowadays face in setting up large industrial development pro%ects. "his is the position a full five years after Posco signed an agreement with the 5rissa government to set up the plant and the central government authorities concerned including the Prime 0inister$s 5ffice gave their nod3 5ne suspects that a large part of the “tur!ulence originates from a desire to !e seen as a champion of socalled “social causes. :ome people even feel that social and environmental activists and their sympathisers have an undue influence on the decisionma#ing processes concerning environmental consequences of development pro%ects. +n reality, however, environmental and social activists are lo!!yists for their respective causes including the environment %ust as pro%ect proponents and state governments are advocates of development pro%ects. 7 !alance has to !e struc# !etween their differing points of view and the pu!lic agency handling environment clearance must play the role of an “honest !ro#er !etween the competing groups instead of ta#ing sides. 5ne is not sure if there is any appreciation for such governance niceties. &or,
