Skip to main content

Why has the provision to imprison polluting industrialists dropped, wonders Ahmedabad NGO in note to MoEFCC

By A Representative
In a note it has sent to the Ministry of Environment, Forests and Climate Change, Ahmedabad-based environmental NGO Paryavaran Mitra has taken strong exception to the Environmental Impact Assessment (EIA) draft notification seeking to drop the provision for imprisoning the polluter.
The NGO, in its note it has circulated to activists, has said that Section 15 of Environment (Protection) Act, 1986, not only provided cash penalty for violation of any provisions of legislation or any rules made or orders or directions issued under the Act, but also provided punishment of up to five years imprisonment for the first offence, or fine of Rs 1 lakh, or both.
The Act further provided for “additional fine of Rs 5,000 for every day and an enhanced sentence of imprisonment for a term which may extend to seven years where violation continued beyond a period of one year after the date of conviction”, the NGO says.
However, the NGO said, “The proposed draft notification, instead of giving punishment of imprisonment as well as fine, has opted only for fine as penalty to the violator, which gives a way out to the violators and encourages them to pollute and then pay fine.”
Objecting to yet another provision, the NGO says, the MoEFCC “is giving opportunity to project developers to obtain post facto environmental clearance by just implementing an environmental supplementary plan (ESP).”
It comments, “This approach if allowed would give project developers free hand to first start the project causing irreversible damage and then seek post-facto clearance.”
Suggesting that this would “dilute the powers of the National Green Tribunal and the judiciary, which are the only effective grievance redressal mechanisms for the affected peoples”, the NGO says, the draft notification also allows the MoEFCC to provide environmental clearance even as it is in the midst of preparing an ESP and agrees to implement the latter.
Objecting to this, the NGO says, “This means that, whether the violator successfully implements ESP or not, MoEFCC would grant environmental clearance, and the violator would not be under any pressure to implement ESP. On contrary, it would give the benefit of guaranteed environmental clearance from MoEFCC, because it has already agreed to implement ESP.”
The NGO questions the failure of the draft notification to implement the principle of “polluter pays”. It says, “First of all, the question is, do violators pay big fines? Secondly, the government has till date not made any provision or policy for using environmental fine or money collected from bank guarantee for environmental management.”
In fact, according to the NGO, “The Central Pollution Control Board (CPCB) has published a guideline for all State Pollution Control Boards (SPCBs) on how to use bank guarantee amount taken away from noncomplying units. Yet, state governments have not been using the money for environmental conservation or for the amelioration of the affected people.”
Even then, the NGO says, the draft notification wants the ESP to be such that it provides for the remedies caused by ecological damage caused due to violation. However, it wonders why does not give any clarification on short term or long term damages incurred by a project, and how this should be evaluated.

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Why Venezuela govt granting amnesty to political prisoners isn't a sign of weakness

By Guillermo Barreto   On 20 May 2017, during a violent protest planned by sectors of the Venezuelan opposition, 21-year-old Orlando Figuera was attacked by a mob that accused him of being a Chavista. After being stabbed, he was doused with gasoline and set on fire in front of everyone present. Young Orlando was admitted to a hospital with multiple wounds and burns covering 80 percent of his body and died 15 days later, on 4 June.

Walk for peace: Buddhist monks and America’s search for healing

By Vidya Bhushan Rawat*  The #BuddhistMonks in the United States have completed their #WalkForPeace after covering nearly 3,700 kilometers in an arduous journey. They reached Washington, DC yesterday. The journey began at the Huong Đạo Vipassana Bhavana Center in Fort Worth, Texas, on October 26, 2025, and concluded in Washington, DC after a 108-day walk. The monks, mainly from Vietnam and Thailand, undertook this journey for peace and mindfulness. Their number ranged between 19 and 24. Led by Venerable Bhikkhu Pannakara (also known as Sư Tuệ Nhân), a Vietnamese-born monk based in the United States, this “Walk for Peace” reflected deeply on the crisis within American society and the search for inner strength among its people.

Four women lead the way among Tamil Nadu’s Muslim change-makers

By Syed Ali Mujtaba*  A report published by Awaz–The Voice (ATV), a news platform, highlights 10 Muslim change-makers in Tamil Nadu, among whom four are women. These individuals are driving social change through education, the arts, conservation, and activism. Representing diverse fields ranging from environmental protection and literature to political engagement and education, they are working to improve society across the state.

From water scarcity to sustainable livelihoods: The turnaround of Salaiya Maaf

By Bharat Dogra   We were sitting at a central place in Salaiya Maaf village, located in Mahoba district of Uttar Pradesh, for a group discussion when an elderly woman said in an emotional voice, “It is so good that you people came. Land on which nothing grew can now produce good crops.”

When free trade meets unequal fields: The India–US agriculture question

By Vikas Meshram   The proposed trade agreement between India and the United States has triggered intense debate across the country. This agreement is not merely an attempt to expand bilateral trade; it is directly linked to Indian agriculture, the rural economy, democratic processes, and global geopolitics. Free trade agreements (FTAs) may appear attractive on the surface, but the political economy and social consequences behind them are often unequal and controversial. Once again, a fundamental question has surfaced: who will benefit from this agreement, and who will pay its price?

Why Russian oil has emerged as the flashpoint in India–US trade talks

By N.S. Venkataraman*  In recent years, India has entered into trade agreements with several countries, the latest being agreements with the European Union and the United States. While the India–EU trade agreement has been widely viewed in India as mutually beneficial and balanced, the trade agreement with the United States has generated comparatively greater debate and scrutiny.

Trade pacts with EU, US raise alarms over farmers, MSMEs and policy space

By A Representative   A broad coalition of farmers’ organisations, trade unions, traders, public health advocates and environmental groups has raised serious concerns over India’s recently concluded trade agreements with the European Union and the United States, warning that the deals could have far-reaching implications for livelihoods, policy autonomy and the country’s long-term development trajectory. In a public statement issued, the Forum for Trade Justice described the two agreements as marking a “tectonic shift” in India’s trade policy and cautioned that the projected gains in exports may come at a significant social and economic cost.

Samyukt Kisan Morcha raises concerns over ‘corporate bias’ in seed Bill

By A Representative   The Samyukt Kisan Morcha (SKM) has released a statement raising ten questions to Union Agriculture and Farmers’ Welfare Minister Shivraj Singh Chouhan regarding the proposed Seed Bill 2025, alleging that the legislation is biased in favour of large multinational and domestic seed corporations and does not adequately safeguard farmers’ interests.