20th September 2024 (8 Topics)
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Environmental Impact Assessment (EIA)
Context
The Central government's decision to designate the environmentally significant Galathea Bay as a 'Major Port' under the Great Nicobar Island Development Project raises serious concerns. Central to this situation is the Environmental Impact Assessment (EIA), which is intended to safeguard against ecological harm, however, got overlooked by the Ministry of Environment, Forest and Climate Change (MoEFCC).
What is Environmental Impact Assessment (EIA)?
- Environmental Impact Assessment (EIA) is a systematic process that evaluates the potential environmental effects of proposed projects or developments before they are approved.
- It aims to balance economic growth with environmental protection, particularly in developing countries like India, where there are challenges of environmental degradation and climate change.
- Objectives of EIA
- Evaluate Impacts: To assess both positive and negative environmental, economic, and social impacts of development projects.
- Informed Decision-Making: To provide detailed analysis to aid decision-makers.
- Promote Sustainable Development: To identify potential negative effects early in the planning stage and suggest alternatives and mitigation measures.
- Public Participation: To engage local communities and stakeholders through consultations, allowing them to voice concerns.
Evolution of EIA in India
- EIA was first established in the US in 1969. India started its EIA process in 1978-79, focusing initially on large infrastructure projects like dams and power plants.
- Legal Framework: The Environment (Protection) Act of 1986 made EIA mandatory for large projects. The first EIA norms were notified in 1994, requiring all development projects to undergo the EIA process for prior environmental clearance.
- The 1994 EIA notification was revised in 2006, and again in 2020 to make the process more transparent and efficient.
- Steps Involved in EIA
- Screening determines if a project needs an EIA based on size and potential impacts.
- Scoping identifies possible environmental impacts, viable alternatives, and mitigation measures.
- Public Consultation allows local communities and stakeholders to express their concerns.
- Authorities review the EIA report to decide on project approval, rejection, or conditional approval.
EIA Process in India
Projects are classified into two main categories based on their potential environmental impacts:
- Category A: Requires prior clearance from the Central Government based on recommendations from an Expert Appraisal Committee (EAC).
- Category B: Requires clearance from the State Environment Impact Assessment Authority (SEIAA) based on recommendations from a State Expert Appraisal Committee (SEAC). Category B projects are further divided into:
- B1: Requires a full EIA report.
- B2: Exempt from EIA requirements.
Supreme Court Observations
The Supreme Court of India has emphasized the importance of the EIA process:
- In TN Godavarman Thirumulpad v Union of India (1997), the Court recognized the right to a clean environment and the need for EIA before starting projects in forest areas.
- In MC Mehta v Union of India (1996), the Court stressed the necessity of EIAs for projects affecting water bodies.
- In Centre for Environmental Law v Union of India (2018), the Court reiterated the importance of EIA procedures and public consultations.
Government Initiatives
- ENVIS (Environmental Information System): Established in 1982 to collect and disseminate environmental information, aiding decision-making.
- PARIVESH: A single-window platform launched for efficient environmental clearance processes and compliance monitoring.
Suggestive Measures
India aims to balance economic development with environmental sustainability. Key recommendations for improving the EIA process include:
- Reducing Delays: Addressing the average delay of 238 days in granting environmental clearances.
- Strengthening Public Engagement: Extending public consultation periods and providing information in local languages.
- Independent EIA Authority: Considering the establishment of an independent authority for more effective decision-making.
- Standalone EIA Law: Exploring the possibility of a separate law for EIA to enhance governance.
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