Environment ministry pursues ease of business, one office at time

Over the past few months, India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has proposed amendments to two key legislations Wild Life Protection Act 1972 The 2002 Biological Diversity Act. While conservationists as well as environmentalists tend to focus on the proposed changes to the two laws and call them dilutions they have introduced other office orders by the environment ministry over the past 2 months. These office orders push for business flexibility and could further weaken country’s green regulations.

Most legislative amendments are made in public consultation. Office orders are communications from an authority to execute/guide certain actions. They do not require public consultation.

The MoEFCC has placed the following orders: One orderThe order allows for the clearance of forest land to residential projects, up to one hectare, on forest lands in exceptional situations. Another order introduces a star rating systemTo encourage state environment authorities to recommend environment clearances in the shortest time possible. The ministry also sent an order to announce changes in the rates for the Net Present Value (NPV), that is levied to divert forest lands.

Office orders to amend the environment policy

The MoEFCC’s Forest Conservation Division sent a January 24 letter to all state governments, clarifying the Forest Conservation Act 1980 (FCA) 1980 use of forest land for residential purpose. This letter clarified that residential projects up to one ha can be approved under FCA 1980 by MoEFCC in exceptional circumstances. These activities are not site-specific and cannot be considered on forestland as a rule.

However, according to some experts, this latest order fails to spell out the “exceptional circumstances”, leaving the interpretation to the expert bodies deciding on such cases. The ministry accepted the recommendation of an expert forest panel as the basis for the office order. However, ministry officials defend the move, claiming that the order corrects an earlier misinterpretation that allowed people access to the forest areas.

Another decision made by the ministry that was criticized during the month was the star rating system of states. It was introduced to speed up the clearance of proposals seeking environmental clearance. It is intended to promote business and ease of doing business. The January 17th order stated that the ministry had taken several steps to speed up the environmental clearance process and reduce time it takes to grant clearances. The issue of a ranking system of states that grant clearances was brought up at a meeting of the union cabinet secretary on November 13, 2021 to discuss measures to ease doing business.

The star rating system based upon the efficiency and timeframes for granting EC has been established to encourage states. This is meant to be a means of encouragement and recognition, as well a way to prompt improvements where necessary.

The system used yardsticks to determine rating, such as the average time it took to grant EC, the percentage of cases that were cleared or sought terms of reference, and the number of complaints that were redressed in authorities.

Do you want to make your business more profitable at the expense of the environment and the people who live there?

February 1, during Budget speechIndia’s finance minister Nirmala Sitharaman revealed a single form that would allow faster approvals for proposals seeking green clearances.

PARIVESH, a single portal for all green clearances, was launched in 2018. It has significantly reduced the time it takes to approve applications. To provide information to applicants, the portal’s scope will be expanded. Information about specific approvals will also be made available based on the location of units. She explained that this will allow applicants to all four approvals to fill out one form and track the process through Centralised Processing Centre Green.

Mongabay India was told by Rahul Choudhary, an environmental lawyer. Whether one looks at the ongoing series of changes or the recently presented budget it is clear that the intention is clear. The government wants to ensure that there is no opposition to their policy of quick clearances for businesses, even if it means that the environment is not protected. For example, what is considered a forest here in India can change according to what the government needs at that moment. It is nothing more than regressive, stated Choudhary. Choudhary is the cofounder of Delhi-based Legal Initiative for Forests & Environment. (LIFE) is a law firm that won the 2021 Right Livelihood Award.

Continue reading: [Video Explainer]What is the significance and reason for the Biological Diversity Amendment Bill?

Decisions can be made without consulting by using office orders

It is not a new system to bring about changes in India’s green regulations via a series of office orders. This is done without the need for public consultation and instead of presenting all of them in an amendment or law. Experts in the field say this has been a constant feature of India’s green regulatory ecosystem for many years.

India has witnessed a gradual erosion of regulations governing work in coastal areas and environmental clearance over the past several years. One example is the draft Environment Impact Assessment (EIA), notification 2020 to replace EIA 2006. Experts were critical of the proposal, pointing out that many of the changes proposed in it had been made through office orders over time.

Debadityo sinha, an ecologist who is also a senior resident fellow at Vidhi Center for Legal Policy, stated that neither experts nor common folk are able track the changes made to the environment ministry.

The Union environment ministry often announces major changes by proposing amendments to laws governing the environment, forest, wildlife, and biodiversity sector. This is not the only way. Through a series office orders and notifications, there are changes made throughout the year. When all these changes are gathered together, it becomes clear that the government has already made a larger shift/dilution of the rules through a series small changes, and this too without any public consultation. This is what happened at EIA regulation (Coastal Regulation Zone notification) and it is what is happening now Sinha explained to Mongabay India.

Is there a project that has been rejected in the clearance process? He asked if there was any safeguard to ensure accountability for the protection and preservation of India’s natural environment.

Sinha noted that even in the most recent budget, the allocation for the air quality commissioner, National Biodiversity Authority and independent research institutes such the Indian Council for Forest Research and Education(ICFRE), Indian Institute of Forest Management, IIFM, Wildlife Institute of India (WII), G.B. Pant Institute and the Salim Ali Center for Ornithology, Natural History (SACON).

The MoEFCC is currently working on the Wild Life Protection Act (1972), and the Biological Diversity Act (2002). After widespread criticism, the government referred both the Biological Diversity Act Amendment Bill (2021) (JPC) to a Joint Parliamentary Committee (JPC) along with the Wild Life (Protection) Amendment Bill (2021) to a parliamentary Standing Committee (MPC).

The committees have begun to reach out to stakeholders and listen to their concerns. The Nature Conservation Foundation (NCF), for example, has begun the process of reaching out to stakeholders and listening to their concerns. RepresentationConcerns were raised by the parliamentary standing commission about the amendments making state boards for wildlife obsolete, alignment with local rights, and provisions in the Forest Rights Act 2006, which allow commercial trade of live elephants and omits any provision to protect wildlife habitats.

Banner imageAccording to environmental experts the Central Government’s decisions on speedy clearing forest lands shows that it is focusing on business and industry at the expense the environment. PhotoVinayaraj/Wikimedia Publications