The letter continues: “The proposed EIA notification weakens the body of rules that protects the environment at a time when we need to strengthen these statutes. Worse still, the proposed rules aim to enrich the economy and the corporate sector by emasculating democracy, restricting public participation and due diligence, and rewarding polluters by facilitating post-facto environmental permits for projects that start or end without a license. Stellina JOLLY, “Draft 2020 EIA Notification Is Out of Step with State Practices in International Law” (The Wire, 31 July 2020) ; Siddharth SINGH, “The Problematic Story of Draft EIE Notification 2020” (Counter-currents, 2. August 2020) ; Scroll STAFF, “More than 60 former bureaucrats urge the Centre to withdraw the draft directive on environmental impact assessment” (Scroll, 12 July 2020) . Ministry of Environment, Forests and Climate Change, Environmental Impact Assessment Notification Project, 2020, P.O. 1199(E) The Gazette of India: Extraordinary Part II Section 3(ii), 23 March 2020 . This section examines three particularly problematic areas of the draft 2020 EIA notification: post-clearance, reduction of public consultation and exemption from public consultation for projects located near border areas. Environmental impact assessment (EA) is the assessment of the environmental (negative positive) impact of an actual plan, policy, programme or project before deciding to pursue the proposed action. In this context, the term “environmental impact assessment” (EIA) is generally used when applied by individuals or companies to specific projects, and the term “strategic environmental assessment” (SEA) refers to the policies, plans and programs most commonly proposed by government agencies.
[1] [2] It is an environmental management tool that is part of project approval and decision-making. [3] Environmental assessments may be subject to administrative procedural rules on public participation and decision documentation and may be subject to judicial review. The ministry uploaded the draft 2020 EIA notification to its two official websites, (a) parivesh and (b) online submission and monitoring of environmental permits and CRZ . In 2020, the Indian government proposed a new draft 2020 EIA, which has been widely criticized for significantly diluting EIA. [57] Many environmental groups have launched a campaign calling for the withdrawal of the project, in response to these campaigns, the Indian government has resorted to banning/blocking the websites of these groups. [58] See Vikrant Singh Tongad (n 3); At the same time, in another petition submitted to the Karnataka Supreme Court, the Court concluded that there was no reasonable period of time to submit objections and proposals, and ultimately prevented the Ministry from publishing the final EIA notification by 7 September 2020. See United Conservation Movement Charitable and Welfare Trust v Union of India, W.P. 8632/2020 (Karnataka HC 2020).
On 23 March 2020, the Indian Ministry of Environment, Forests and Climate Change (`the Ministry`) published the draft Environmental Impact Assessment Notice for 2020 (`the draft EIA notification`), which aims to replace the existing 2006 EIA notification. The stated intention of the draft EIA notification is to consolidate the progressive changes to the 2006 notification, streamline and streamline processes and implement the decisions of various tribunals. The draft EIA notification was published with a 60-day deadline for public comment.1 Given the strong support for a longer period to allow for wider public consultation, the consultation period has been extended to 30 June 2020.2 Given the national COVID-19 lockdown, this extension was deemed insufficient by the Delhi Supreme Court for effective public comment. The consultation and the deadline for receipt of objections or proposals have been extended to 11 August 2020.3 Pranav NARSARIA, “EIA 2020: public consultation without informing the public?” (Down to earth, 19. August 2020) . Stella JAMES and Nayana UDAYASHANKAR, “From 2006 to 2020: The Ongoing Problems of the EIA” (Socio-Legal Review, 19. Oktober 2020) . IBID-Klausel 5(6) and 10(3). Siehe G ANANTHAKRISHNAN, “The Hindu Explains: What are the main changes in environmental impact assessment reporting 2020?” (Der Hindu, 2.
August 2020) .