Lawstreet Journal

Draft EIA Notification 2020 Does Not Provide For Ex Post Facto Clearance in Violation Cases: Ministry of Environment informs the Lok Sabha

Lawstreet Journal 25 Sep 2020 4:36pm

Image courtesy: Lawstreet Journal Executive Draft EIA Notification 2020 Does Not Provide For Ex Post Facto Clearance in Violation Cases: Ministry of Environment informs the Lok Sabha

The draft Environment Impact Assessment (EIA) notification 2020 does not give any exemptions from public consultations to large industries, but promotes environmental cause and sustainable development, the Ministry of Environment informed the Lok Sabha on Friday (September 18, 2020)

Responding to separate queries expressing concern on the draft EIA, which has been in controversy since it was published in March this year, Minister of State for Environment Babul Supriyo said the draft does not weaken the process of environmental clearances.

In a separate reply, Supriyo also rebutted the objections raised by the United Nations' Special Rapporteur, an independent expert appointed by the Human Rights Council to examine and report back on a country situation or a specific human rights theme, against the draft EIA.

“Yes Sir. The Ministry is aware that Special Rapporteurs to the United Nations had expressed their views on the draft EIA Notification 2020,” Supriyo said in his written response.

“However, as against the views expressed by the Special Rapporteurs, the draft EIA Notification, 2020, inter alia, does not give any exemptions from public consultation for large industries and projects, no change in the provisions with respect of public consultation in respect of projects or activities involving other strategic considerations and there is no provision for ex-post-facto clearance of violation cases,” he said.

“Such cases shall be liable for punitive action under Environment (Protection) Act, 1986 and in addition, shall be liable for damage cost, etc.,” he said.

Replying to another question on whether the draft notification is in contravention with India's “obligations… Continue Reading...

Tagged: Ministry of Environment & Forest  
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