Of 118, just one Indian project denied coastal clearance; where's the need to dilute environmental law?: Expert

By Our Representative
A right to information (RTI) plea has revealed that of the 118 projects which had sought environmental clearance from the the Committee for CRZ and Miscellaneous Projects of the Ministry of Environment, Forests and and Climate Change (MoEFCC), just four were challenged in the National Green Tribunal (NGT).
Filed by the the Environmental Impact Assessment Resource and Response Centre, the reply further reveals that just one project, i.e. KGS Aranmula Airport in Kerala, was revoked by the NGT, while the rest were allowed a go ahead. The RTI reply is for 2013-15.
Revealing this, well-known environmentalist and earth scientist R Sreedhar of the NGO Environics Trust, Delhi, in a letter to the MoEFCC, has said that this suggests the Government of India is “obsessed” with “ease of doing business”, and it is "falsely targeting" various environmental safeguards built over the years.
Especially giving the example of the Environmental Law (Amendment) Bill, 2015, Sreedhar says, “The effective deterrent is as regressive as the position of the Government in the case of nuclear liability. Just as it restricts the liability of the project entity to Rs 500 crore in case of a nuclear disaster, this bill envisages a maximum fine of Rs 20 crore for a polluting industry.”
Objecting to this, Sreedhar says, “If a mine-dump or ash-dam breach regular in mining areas and coal-fired thermal power plants, the impact has to be beyond 10 km for evoking the maximum fine.” And if a Bhopal type tragedy happens, the “law would mean that the company pays Rs 20 crore and remains in business.”
Pointing out that the bill seeks to restrain the role of the NGT, Sreedhar says, “Many of existing laws have been diluted through executive action. For instance, projects which have a capacity expansion of 25 per cent do not have to go through a process of fresh environmental assessment process and public hearing.”
The senior expert believes, this is not the only dilution; it also includes provisions “in the name of decentralisation and cooperative federalism”, with several state governments being allowed to “keep the implementation of the Forest Rights Act in abeyance in areas where they want to grant mining leases, promote hydropower projects or industries.”
In this context, the expert says, “The most recent is the proposal to establish a District Environmental Impact Assessment Committee and Authority to grant clearance to mining projects of up to five hectares of lease area. The Irrigation Engineer is nominated as the head of this authority.”
He adds, “Everyone knows that he has a conflict of interest if it involves materials for irrigation projects. Further, when even the National and State level formations are so bereft of knowledge and courage to undertake unbiased and technical evaluations, this authority will only be a 'rubber-stamp' and a new opportunity for rent-seeking.”
The expert says, the attempt to to bring about a wholesale dilution in a range of environmental legislation began after the NDA came to power in Delhi with the formation of a High Level Committee (HCL). Made in August 2014 to “review”, its recommendations include “a ‘single window’ approval process, a fast track treatment for linear and power and coal projects, ‘a special procedure’ for ‘strategic’ and ‘national projects’.”
The expert adds, “There is also an introduction of what can be termed as the ‘private trust’ doctrine as opposed to the ‘public trust’ doctrine. Under this ‘private trust’, there is implicit trust in whatever information is submitted by the private business entities under the concept of ‘utmost good faith’.”

Comments

North Gujarat gram panchayat bars villagers from dealing with Muslim hawkers, traders

By Our Representative A gram panchayat in North Gujarat has barred its residents not to buy anything from Muslim traders and hawkers. An order of the Waghasan group gram panchayat of Tharad taluka of Banaskantha district dated June 30 states that the decision has been taken in the wake of beheading of a Hindu tailor after he posted a derogatory writeup on Prophet Mohammad in Udaipur. The gram panchayat resolution says, anyone seen buying or selling any commodity from a Muslim hawker or trader would be fined Rs 5,100. Bringing this to light, Mujahid Nafees, convener, Minority Coordination Committee, in a letter to Gujarat chief minister Bhupendra Patel, says, the state government should take legal action against the panchayat chief who has signed the “unjust” order. The letter says, the act of the sarpanch and other signatories is a violation of rule of law of the state and threat to peace, pointing out, the move is in violation of Article 15 of the Constitution, which says that none

Unlike Soviet Union, Russia is no friend to India: Ukrainian scholar tells 'Indian friends'

Counterview Desk In an open letter to "dear Indian friends", Anastasia Piliavsky, born in Odessa, Ukraine, studied at Boston and Oxford Universities (on a Rhodes Scholarship), and now teaches at King’s College, London, has said that she faces "deep moral dilemma", personally and professionally, over the "astonishingly unified Indian response to the war in Ukraine." Based on her interaction with a "number of thoughtful and caring Indian friends", in this letter, she says, she is "reeling at the ubiquitous silence at, justifications of or outright support for Putin’s terror, which now prevails in India, at the ubiquitous #IStandWithPutin and #istandwithrussia hashtags." She insists, India must understand, "Unlike the Soviet Union, Russia is no friend to India. Soviet leaders, beginning with (the Ukrainian) Nikita Khrushchev – who declared hindi rusi bhai bhai – built up deep political and cultural exchange with India." Text : I

Technocratic globalism, tyranny? Health Ministry warned: bill to 'enslave' Indians

Sandeep Pandey, Tushar Gandhi By Rosamma Thomas* Union of Concerned Citizens, a group comprising Magsaysay Award winner Prof Sandeep Pandey, human rights activist Tushar Gandhi, former judge of the Bombay High Court BG Kolse Patil, pediatrician Dr Jacob Puliyel and several renowned Indian citizens have written to the Union Health Minister cautioning him against tabling the draft Public Health Bill in the Monsoon Session of Parliament. “The Public Health (Prevention, Control And Management Of Epidemics, Bio-Terrorism And Disasters) Bill, 2017 and a Prospective Bill of 2022 as discussed in news articles, is straightforwardly violative of Fundamental Rights of the citizens of India and therefore, Ultra Vires of the Indian Constitution. It contravenes several International Treaties and Conventions including the Nuremberg Treaty of 1947 which was enacted to ensure that no country would repeat such inhuman medical atrocities on fellow human beings”, the 12-page letter reads. “Strangely, t

Protesters demand release of Teesta Setalvad, Sreekumar, seek review of SC order

By Our Representative Protests broke out across India on June 27 following Teesta Setalvad’s arrest demanding her immediate release. Sabrang India , a site run by Setalvad, claimed she was “arrested on trumped-up charges after the Supreme Court dismissed the petition moved by Zakia Jafri demanding an investigation into the larger conspiracy behind the 2002 Gujarat violence.” The protesters also demanded release of former DGP Gujarat police RB Sreekumar, also arrested simultaneously. The protests were preceded by over 2,200 people from across the globe signing a statement demanding their immediate release. Leading signatories such as People’s Union for Civil Liberties (PUCL) general secretary V Suresh, National Alliance of People’s Movements (NAPM) convenor Medha Patkar, former Naval chief Admiral Ramdas. “The state has used the observations made in the judgment to falsely and vindictively prosecute those who had struggled for justice even in the face of state callousness and complicit

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Electoral bonds scheme 'compromises' voluntary nature PM relief fund donations

By Rosamma Thomas* The Prime Minister’s National Relief Fund (PMNRF) is meant to collect voluntary donations from the general public, either individuals or organizations, to enable assistance to people in times of natural disaster, or for expensive medical treatment. That fundamental voluntary character of the fund, however, has changed in recent years. The gazette notification of January 2018 announcing the Electoral Bond scheme states, in Clause 12 (2): “The amount of bonds not encashed within the validity period of fifteen days shall be deposited by the authorized bank to the Prime Minister’s National Relief Fund”. The Union government has, thus, through notification, directed funds to be deposited into what was meant to be purely voluntary. Commodore Lokesh Batra, who has been campaigning for transparency in government functioning, holds that once a gazette notification has been issued directing that funds be deposited into the PMNRF, the character of the whole fund has changed,

'Highly abnormal': AltNews journo's arrest suggests 'deterioration in media freedom'

By Bharat Dogra* Leading media organizations have come out in strong support of recently arrested journalist Mohammed Zubair. These organizations include, among others, the Editors Guild of India, the Press Club of India, the Delhi Union of Journalists and DIGIPUB, a platform for several important digital media organizations. All these organizations have condemned the recent arrest of the noted journalist and demanded his immediate release. While leading human rights organizations and political parties have also made somewhat similar statements, the strong support of media organizations is particularly important as the effort of the authorities has been to try to present the arrested journalist as someone who has been indulging in irresponsible journalism. In such a situation the support of those media organizations who are familiar with his work and who are most capable of judging the quality of his work is very important. In this context it is important that some media organization

Majoritarian silence helping Hindutva forces 'handover' national resources to corporates

By Bhabani Shankar Nayak* The majority of Indian citizens are witnessing the persecution and everyday violence against their fellow citizens who are Muslims and religious minorities. The growing assaults on reason, science, secularism, Indian democracy and constitution are going to be landmarks in Indian history of diminishing democracy and citizenship rights. It is clear that Hindutva ideology is directly promoting sectarian politics of hate which is dangerous for the unity and integrity of India, peace and prosperity of Indians. The majoritarian silence helps in empowering Hindutva and their electoral dividends. From witnessing the persecution in the sidelines to the active participation and cheering loud or silence accelerates violence against our neighbours and our fellow citizens. How and why do majority of Indians stay silent and contribute to the persecution of their fellow citizens who are Muslims and religious minorities? The question baffles me as an Indian because I have gr

Electricity Bill: Centre's reform measures contain 'carrot and stick package' for states

Counterview Desk The Peoples’ Commission on Public Sector and Public Services (PCPSPS), claiming to be a network of eminent academics, jurists, erstwhile administrators, trade unionists and social activists, seeking consultations with stakeholders with those who are against the government’s decision to monetise, disinvest and privatise public assets/enterprises, has said that the proposed Electricity (Amendment) Bill-2022 will have far-reaching impacts on the finances of states. Insisting that the proposed Bill would lead to “assault on India’s federal structure”, in a statement, it says, it would weaken the finances of states’ power distribution companies, have adverse impact on utility employees, cripple the states' finances, impose a heavy cost burden on the smaller subsidized consumers (especially farmers), and benefit only corporate business houses. “States cannot afford to ignore the far-reaching implications of the Bill on their economy, finances, agricultural and industria

Cops 'refuse to register' complaint after BSF shot landless worker off Bangla border

By Our Representative Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), and national convener, Programme Against Custodial Torture & Impunity (PACTI), in a complaint to the National Human Rights Commission (NHRC), referring to the incident of “firing and execution” of a poor Muslim youth, has alleged that the 26 year old was was shot at “without giving any warning” one and half kilometers inside the Indian territory from Bangladesh border by an on- duty Border Security Force (BSF) personnel. Stating that the person, Ruhul Mondal, belonged to an Other Backward Class (OBC), and hailed from Ramnarayan Para village under Sagarpara police station in Murshidabad district, West Bengal, Roy in his representation said, the BSF person who shot at him is “attached with Singpara Border Outpost, 141 Battalion”, underlining, the BSF has now floated “self defense theory” to cover up its operation. According to the BSF officials, the incident took place in the jute fields in

Counterview

Search This Blog