Move to amend Environment Protection Act upsets greens
The proposed amendments include constituting an adjudicating authority, which could be approached by stakeholders to resolve their grievances instead of directly approaching the NGT. It has also proposed to consider three major points of impact of assessment while clearing projects.
The ministry of environment and forest (MoEF) had invited suggestions and comments from various stakeholders on October 7 regarding amendments to the Environment Protection Act, 1986. The stipulated time given for the same was two weeks, which the greens pointed out as unfair on the part of the ministry.
"The classification of impact of damage based on distances from the source into three categories -- damage reaching up to five-km radius, 10-km radius and, beyond 10-km radius -- is totally unscientific and impracticable. It cannot be accepted," said V S Vijayan, chairman of Salim Ali Foundation, who has written to the Centre, stating the objections. He said that the proposed amendments categorized the intensity of damage as minor violation, non-substantial damage and substantial damage without any empirical data.
"They are just relative with no proper definitions and do not make any meaningful distinction. Similarly, the proposed adjudicating authority consists of just two members. It stated that the members have to be qualified to be appointed as district judge or a person holding the rank of scientist F or officer in the rank of director or joint secretary in the central government, who have experience in dealing with only quasi-judicial matters. Even if they are highly qualified and experienced, they will not be able to judge the plethora of multidimensional environmental issues across the country," he opined.
He added that the amendments proposed by the MoEF would serve only to the benefit of violators of environment acts, rules or directions. "We must take it very seriously as it is going to affect the landmark Act of 1986 which is the only hope left for us," Vijayan said.
He said as long as the ambiguity in distinctions between the three categories prevailed, the benefit of doubt would certainly go to the offender of the law when it comes up in the court of law and hence the categorization was not acceptable.
"The ministry has given us only a small window period to comment on this major amendment which is going to impact environment in a major way. The curtailment of powers of NGT will surely lead to a whole lot of new problems. The NGT had in the past opposed several illegal and anti-environmental projects," said Latha Anantha, founder-director of River Research Centre.
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