Will India’s environment bear the brunt of the lockdown?

The year 2020, so far, has been nothing short of a roller coaster ride for India. From the country going on a strict lockdown while (still) battling a pandemic, to the health sector bulldozing through its limits and an incapacitated economy pushing hundreds of thousands towards unemployment, to battling the largest locust attack in 25 years and coping against two major cyclones which left both rural and urban populace, infrastructure and agriculture decimated, the country is reeling from the damage incurred by nature’s wrath. The weakening ties with the neighboring countries – from border disagreements with once close ally Nepal to a war like situation with China – cannot be overlooked along with other horrid realities of increasing cases of domestic violence.

WHAT IS HAPPENING WITHIN THE ENVIRONMENTAL MINISTRY?

If all of the aforementioned events were not enough, the controversial decisions of the Ministry of Environment, Forests and Climate Change regarding several mining, industrial and infrastructural projects affecting the environment, over the last couple of months since the country went into a lockdown, bring further ruin to both the environment and the economy. It has been reported that amongst the 191 major projects brought under consideration, many were given clearance with merely ten minutes of discussion, prompting several experts to challenge the legality of the procedure followed.

Some controversial projects that have been vouchsafed by the government over video conferences and meetings are – the expansion of Numaligargh oil refinery in Assam (which is expected to choke elephant corridors); seaplane airports in Guwahati on the Brahmaputra riverfront and the Shatrunjay Dam in Gujarat; a 2400 megawatt coal plant in Talabira, Odisha which has been vehemently rejected by the local Adivasi communities; uranium mining in tiger reserves in Telangana; and diamond mining in Madhya Pradesh. In addition to this, 98.59 hectares of the Saleki Proposed Reserve Forest (an eco-sensitive zone) has been allotted for a coal mining project by North-Easter Coal Field (NECF) in Assam. It is important to highlight that Saleki is a part of the Dehing Patkai Wildlife Sanctuary & Elephant Reserve which is home to diverse flora & fauna including the endangered lion-tailed macaques & great Indian hornbills.

Some of the most surprising and alarming projects which have been under consideration of the Environmental Ministry are discussed below.

Orchid State of India to get a Dam or a Big Bam?

A disturbing project that the government is rushing to give perfunctory approval to is the 3000+ megawatt power generating ‘Etalin Hydroelectric Power Project’, which is slated to wipe off more than 2,70,000 trees in Dibang Valley. On 7th April, 2020, Union Minister Prakash Javadekar pushed the clearances for the project despite it not meeting the prerequisites required for permission as well as the clearance needed from an expert committee. The video-conference meeting arrived at its conclusion within 10 minutes, merely after viewing a pixelated map with none of the crucial site visits or proper documentation. It should also be noted that the same project has been rejected time and again in the last decade. Scientists, ornithologists and botanists from several organizations have called the report uploaded on the ministry’s website as biased, incomplete & distorted.

The mountains in the region where the dam is to be constructed is prone to floods, landslides and falls under the Level 5 Category of the Earthquake zone. Further, this young eastern Himalayan Range is a biodiversity hotspot, home to elusive & exotic creatures like the Mishmi Takin, bright-eyed argus Satyrinae butterfly, Asiatic golden cat, and Mishmi wren-babbler. To top it all off, it was only eight years ago, in 2012, that scientists discovered snow tigers in the region. This implies that apart from revenue from wildlife tourism, the probability of the Valley being a greater gem in terms of scientific curiosity, is much higher than it appears. The government is trying to validate their shocking decision for the project as a ‘development step’ for Arunachal Pradesh to generate electricity and jobs. But sustainable development proves and advocates that any ‘progress’ that causes environmental destruction and harms indigenous communities only brings ruin in the long run. Besides, Hydroelectricity is no longer considered a clean source of power, leading us to ask the question, based on what faulty science has this project been greenlighted?

Unessential Enchantress?

It is no secret that India’s economic condition is weak and given these circumstances, the decision to use 0.1% of India’s GDP (Rs. 20,000 crores) for the Central Vista Redevelopment Plan is nothing less than financial self-harm for the country. The meeting held on 23rd April, 2020, for the project had no non-governmental representatives (as required) present due to the lockdown.

Ironically, less than a decade back (in 2013), CPWD declared the Blocks to be in ‘excellent conditions’ and in no need for renovation which has now been deemed ‘not earthquake safe’ in 2019.

Eroding Provisions for the Environment?

Under the aegis of ‘ease of doing business’ and ‘kick-starting’ the economy, the most alarming anti-environment, anti-democratic and anti-indigenous decision taken by the government during this lockdown is to push the latest Draft of the Environment Impact Assessment. The Draft is missing the two most crucial procedures – Public Hearing & detailed provision for Post Monitoring Compliance. Unlike the previous EIA, the present draft has eliminated the requirement of conducting public hearings for several projects, which affects the locals and interested parties who have a stake in the socio-environmental safety of the region. The two reports per year compulsion to portray compliance have now been reduced to one, which serves to make the provisions polluter friendly and mollifies the expansion of hazardous projects in Eco-Sensitive Zones. On June 30, 2020 (which was initially set as the last day for any opinions and rejections), the Delhi High Court extended the time granted for public opinion on the Draft till August 11, 2020. However, considering the pandemic and its corresponding unpredictable lockdowns, effective meetings between different stakeholders and field visits looks far from feasible.

LEGAL RAMIFICATIONS OF THE ACTIONS

The environmental decisions taken by the government during the lockdown seem ill-advised and will most likely prove to be calamitous to the environment, economy and also legal structure of the country.

The Wildlife (Protection) Act, 1972 does not hold any specific provisions for meetings to be conducted over video calls. In addition, clearances cannot be granted to projects over video conferences, as hard copies of maps and project reports are made mandatory for discussions. There is an absence of any such provision in the Forest Conservation Act, 1980 as well. Furthermore, due to the lockdown, the mandatory period for public opinion does not function like any other regular period in the history of environmental decision making. With respect to the Central Vista project, critics are worried that it is tearing down national heritage (State obligations under Article 51A of the Constitution) and does not run parallel with the Master Plan for Delhi (2021) and Unified Building Bylaws for Delhi (2016). Other Directive Principles of State Policy that the present decisions have made a mockery of are Article 48-A (State’s responsibility of environmental protection) and the Fundamental Duty of citizens under Article 51A(g).

To top it all off, the decisions opted by the government during this lockdown are in violation of all the international goals that India is accountable for. India is a signatory of the Global Tiger Initiative, Convention of Biodiversity, UN Sustainable Development Goals, United Nations Framework Convention on Climate Change, United Nations Forum on Forestry and is even responsible under the Paris Climate Agreement goals. Consequently, it is India’s sacrosanct duty to protect her biodiversity and nurture it, as it is for every nation in the world.

WHAT LIES AHEAD?

India already ranks as low as 168 (of the 180 countries) in the 12th edition of biennial Environment Performance Index 2020. The aforementioned decisions will sink India’s rank further which will consequently affect the environment of course, and the interest of FDIs in environmental projects in India. It is also important to highlight the financial cost that India pays for pollution, to the ‘pro-business’ advocates. For example, let us consider air pollution. As per the Greenpeace Southeast Asia Reports, India loses Rs 3.39 lakh per second as a cost of air pollution (3rd highest in the world after China & USA). The pandemic should act as a valuable lesson for developing countries like India that sustainable development with focus on health expenditure is the ONLY way to go. Did you know India spends only 1.28% of its GDP on health and shells out 5.4% of its GDP to tackle air pollution? The statistics are flabbergasting! For those that justify these actions as ‘increasing employment opportunities’, it can be retorted that we lose 49 crore working days due to illness caused by pollution. It is absurd that the government is in such a hurry to clear these projects considering the poor supervision which runs rampant and unabated in such projects, and thereby regularly endangers lives. Prime examples directly from accidents during this lockdown being the Oil Spill Fire in Baghjan, Assam and Vizag Gas leak.

To echo former Secretary General of UN, Ban Ki-moon’s idea, Sustainable Development “is the pathway to the future we want for all. It offers a framework to generate economic growth, achieve social justice, exercise environmental stewardship and strengthen governance.” India would do well to pay heed to these words.

The times are indeed unprecedented and there is general agreement that the government has to opt for unprecedented solutions. However, to push through permission for projects (with no such urgency) in the middle of a lockdown, without access to proper information and proactive engagement of stakeholders from different fields (while facing the global threat of climate change) is nothing short of an act of arrogance and greed, and is dangerously myopic.