The balance between development and environmental protection is a major issue today, especially in countries like India. As India strives for economic growth and better living standards, it also faces the challenges of climate change and environmental harm.
Environmental Impact Assessment (EIA) plays a key role in helping countries manage economic progress without sacrificing the environment. It ensures that development is balanced with sustainability.
What Is EIA?
EIA is a method used to study the possible environmental effects of a project before it gets approved. This process looks at both the good and bad impacts to help decision-makers choose the best course of action.
Main goals of EIA:
- Predict and assess the environmental, economic, and social impacts of a project.
- Guide decisions by providing a detailed review of a project’s potential effects.
- Promote sustainability by spotting risks early and suggesting solutions or alternatives.
Public Involvement In EIA
EIA also encourages community participation by holding public meetings. This allows citizens to share their concerns and be part of the decision-making process for developments affecting their environment.
Evolution of EIA In India
The Environmental Impact Assessment (EIA) was first introduced in the United States in 1969. In India, the EIA process began in 1978-79, starting with the assessment of river valley projects.
Initially, it focused on large infrastructure projects like dams and power plants. Over time, it expanded to cover other areas, such as industrial facilities, mining, and urban development.
EIA Becomes Mandatory
In 1986, the Environment (Protection) Act made EIA a mandatory requirement for large projects. This law set the groundwork for regulating activities that utilize and impact natural resources, ensuring environmental clearance before starting any major development. India introduced its first EIA rules in 1994, creating a legal structure for this process.
Updates to EIA Regulations
1994: India issued its first official EIA notification.
2006: The 1994 notification was replaced with an updated version.
2020: The government revised the EIA framework again, making changes to reflect amendments and court rulings since 2006. The new draft aimed to make the process faster and more transparent.
EIA Project Categories
Under the EIA Notification of 2006, projects are classified into two categories based on their environmental impact.
Category ‘A’ Projects:
- Require environmental clearance from the Central Government.
- Decision is made based on the recommendations of the Expert Appraisal Committee (EAC).
Category ‘B’ Projects:
- Need environmental clearance from the State or Union Territory Environment Impact Assessment Authority (SEIAA).
- SEIAA decides based on recommendations from the State or Union Territory-level Expert Appraisal Committee (SEAC).
- Divided into two subcategories: Category B1 and Category B2.
Category B1 vs. Category B2:
- Category B1 Projects: Require an Environmental Impact Assessment (EIA) report.
- Category B2 Projects: Do not need an EIA report.
Summary of Process:
- Full EIA Process: Applied to Category ‘A’ and Category B1 projects.
- Exempt from EIA: Category B2 projects do not require an EIA report.
Steps Involved In EIA
The Environmental Impact Assessment (EIA) process involves several important steps to evaluate a project’s potential environmental effects.
Screening:
Determines if a project needs a full EIA based on its size, type, and potential environmental impact.
Projects with major impacts go through a full EIA, while those with smaller effects might undergo a Rapid Environmental Assessment (REA).
Scoping:
Identifies potential environmental impacts.
Evaluates project alternatives and suggests mitigation measures to reduce negative effects.
Public Consultation:
Engages local communities and stakeholders.
Provides an opportunity for affected people to share their concerns and opinions about the project.
Decision Making:
After reviewing the EIA report, authorities decide to approve, reject, or approve the project with specific conditions.
Supreme Court’s Observations On EIA
The Supreme Court of India has emphasised the importance of the Environmental Impact Assessment (EIA) process in protecting the environment, especially in the context of climate change and sustainable development. Several landmark cases have highlighted the significance of EIA in ensuring responsible use of natural resources.
TN Godavarman Thirumulpad v Union of India (1997):
- The court recognized the right to a clean environment.
- Stressed the importance of EIA and Environmental Clearance (EC) before starting projects, especially in forest areas.
MC Mehta v Union of India (1996) – Ganga Pollution Case:
- Highlighted the need for EIAs in projects that affect water bodies.
- Emphasised preventing pollution and safeguarding rivers from industrial and urban contamination.
- Asserted that citizens have a right to a clean environment.
Centre for Environmental Law v Union of India (2018):
- Reaffirmed the importance of following EIA procedures for development projects.
- Stressed the value of stakeholder involvement through public consultations as part of the EIA process.
Government’s Initiatives For Environmental Governance
India has introduced several initiatives to promote sustainable development and strengthen environmental governance. Two key initiatives are ENVIS and PARIVESH, both designed to streamline environmental processes and provide access to vital information.
ENVIS (Environmental Information System):
- Launched in 1982 to gather, store, and share environmental data.
- Operates as a web-based network of environmental databases focused on specific subjects.
- Supports decision-making by providing useful information to researchers, policymakers, and the public.
PARIVESH (Pro-Active and Responsive facilitation by Interactive, Virtuous, and Environmental Single Window Hub):
- A single-window platform for managing green clearances and tracking compliance.
- Designed to speed up the environmental clearance process, enhance transparency, and improve overall efficiency through digital solutions.
Draft Environment Impact Assessment Notification 2020
The Draft EIA Notification 2020 aims to replace the 2006 notification, with a focus on modernising and streamlining the EIA process. However, it has raised concerns for potentially weakening environmental safeguards and limiting public involvement.
Reduced Public Hearing Time:
- The notice period for public hearings is reduced from 30 to 20 days.
- The Ministry justifies this based on technological advancements, but critics worry it could limit public consultation and awareness.
Exemptions for Certain Projects:
- The draft proposes to exempt projects in sectors like oil and gas, hydropower, and manufacturing from public scrutiny by placing them in the B2 category.
- These projects could have significant environmental impacts, raising concerns about reduced oversight.
Post-Facto Clearance:
- The draft allows projects to obtain environmental clearance after they’ve been established.
- This is controversial, especially in light of the 2020 Supreme Court ruling (Alembic Pharmaceuticals v Rohit Prajapati) that declared post-facto clearances invalid.
No Public Reporting of Violations:
- The draft eliminates the public’s ability to report violations, placing full responsibility on government authorities.
- This could affect transparency and accountability in addressing environmental issues.
Weakened Environmental Protections:
- Critics argue the draft undermines environmental protections and public participation, potentially violating India’s international environmental commitments.
Positive Aspects Of The Draft
- Streamlined Process: The draft aims to reduce delays and administrative hurdles, speeding up the approval process for projects with minimal environmental impact.
- Digital Transparency: Provisions for digital platforms could enhance public awareness and improve scrutiny during the approval process.
- Post-Clearance Monitoring: The draft includes provisions for better monitoring and compliance once environmental clearances (ECs) are granted.
- Flexible Requirements: It offers flexibility in EIA requirements, adapting them to different project types and regions for a more efficient clearance process.
Challenges In The Environmental Impact Assessment (EIA) Process In India
The Environmental Impact Assessment (EIA) process in India is essential for balancing development with environmental protection. However, several challenges undermine its effectiveness and integrity.
Dilution of Regulations:
- Recent reforms, especially the Draft EIA Notification 2020, have been criticised for weakening existing norms.
- Many projects, particularly those deemed “strategically important” or near national borders, can bypass the EIA process, raising concerns about unchecked environmental harm.
Issues with Public Consultation:
- Public hearings are often treated as formalities, with limited genuine engagement.
- Many affected communities lack access to technical documents in understandable formats or local languages, limiting their ability to provide meaningful input.
Shortage of Capacity and Expertise:
- Regulatory bodies often lack trained professionals and experts to conduct thorough EIAs.
- This shortage leads to assessments that may overlook critical environmental impacts.
Challenges In Monitoring and Compliance:
- After project approval, monitoring and enforcement of compliance with mitigation measures are often weak.
- Many projects do not adhere to the environmental safeguards outlined in their EIA reports, with insufficient follow-up by authorities.
Limited Transparency:
- Access to EIA reports and related documents is often restricted, making it difficult for stakeholders to participate effectively.
- Recent reforms have further limited access to information, hampering public participation and oversight.
Political and Economic Pressures:
- Political and economic interests sometimes take priority over environmental concerns.
- This can result in expedited approvals without thorough environmental assessments, compromising the integrity of the EIA process.
Effectiveness Of Public Hearings In India’s EIA Process
Limited Public Participation:
- ▸ Public hearings often take place after the EIA report is completed, giving communities little opportunity to influence the project.
- ▸ Many stakeholders feel their input is ignored, leading to frustration and a lack of faith in the process.
Superficial Engagement:
- ▸ Hearings frequently become procedural rather than platforms for meaningful discussion.
- ▸ Concerns raised by participants are often overlooked, and genuine dialogue between developers and communities is rare.
Accessibility Issues:
- ▸ Notices for public hearings are not always well-publicised, reducing awareness and participation.
- ▸ The use of technical jargon in EIA reports makes it difficult for local populations to understand the impact of proposed projects.
Potential for Misuse:
- ▸ Recent changes to EIA regulations allow local authorities to cancel public hearings if deemed necessary.
- ▸ There are fears of these provisions being misused to avoid public consultation.
Lack of Transparency:
- ▸ There is no clear mechanism to ensure that concerns raised during hearings are reflected in the final EIA report.
- ▸ This lack of transparency can weaken trust in the process and discourage future participation.
Way Forward
India aims to achieve two critical goals: becoming a developed nation by 2047 and playing a key role in combating climate change. A well-functioning EIA process is essential for balancing economic growth with environmental sustainability.
- Efficient Clearance Process: Delays in granting environmental clearances (an average of 238 days) need to be addressed by simplifying bureaucratic procedures.
- Strengthening Public Engagement: Longer public consultation periods and information provided in regional languages are crucial to ensure local communities can participate fully in decision-making.
- Independent EIA Authority: Various environmental groups have suggested the creation of an independent EIA authority, separate from the Ministry of Environment, to make impartial decisions.
- Standalone EIA Law: The idea of enacting a separate EIA law has gained support and should be explored to ensure stronger legal backing for the process.
India must avoid the extremes of “Grow now, Sustain later” or “Sustain now, Grow later.” Instead, the country needs a strategy that allows both growth and sustainability to happen simultaneously.