The document compares India's new EIA 2020 legislation to the EIA 2006 legislation. EIA 2020 provides exemptions that allow projects to violate the environment before seeking clearance, unlike EIA 2006. Key changes in EIA 2020 include exempting some projects from clearance, reducing public hearing time, allowing post-facto clearance, minimizing public participation, and exempting citizens from reporting violations. EIA 2020 is being criticized for weakening environmental protections.
2. What is in India’s new EIA 2020
Conventionally, EIA should assess/predict the impact of a project on the
environment before the start of such project, but the 2020 EIA provides a corridor
for a project to violate and pollute the environment, before seeking environmental
clearance. The draft legislation, among other things,
Contains a list of projects which are exempted from environmental clearance,
ex. Offshore and Onshore Oil & Gas Exploration, Aeriel ropeway, etc.
Supports the reduction of time allotted for public hearing from 30days to 20
days
Promotes Post-facto clearance
Exempts citizens from reporting violation
Minimizes public participation
3. What is being talked about it?
In March 2020, during lockdown triggered by COVID-19, the Indian government drafted
the Environment Impact Assessment (EIA) notification 2020 seeking to overhaul the
norms governing environmental clearance process for industrial projects.
The draft came under severe criticism with experts and environmentalists alleging that
it seeks to dilute the present laws. The notification is widely being talked about as a
consequence of the following:
Post-Facto Clearance
Classification of some projects as “STRATEGIC” (Provision for appeal without EAC)
Exclusion of construction projects up to 1, 50,000 sq. m from public hearing and
environmental clearance, etc.
4. What is being talked about it?
Exemption of inland waterways and national highway projects from public
consultation
Indemnity of all projects located in ecologically sensitive area from clearance
Allotment of fines for violation as 5,000/- per day
Reduction of during for consultation hearing 30days to 20 days
Reportage of violation to be done by gov’t representative or by project
proponent and not by ordinary citizens.
5. Comparing EIA 2006 vs. EIA 2020
Mining, River Valley & Thermal Power Plants