The decision of @moefcc under leadership of Hon’ble Minister @byadavbjp to stop accessing important environmental documents (if true) is not just unconstitutional & against national interest but marks a new era of #Emergency in environmental democracy. (1/n) #Thread
Using s8(1)e & (j) of RTI Act is simply wrong. How can an ‘Authority’ or ‘Regulator’ which is responsible to protect & safeguard environment & forest claim itself to be in ‘fiduciary’ relationship with ‘corporates’ & work for their interest instead of ‘public interest’? (2/n)
In RBI v Jayantilal, Supreme Court clarified that such information mandated by law to be provided to an authority such information doesn’t qualify to be provided u der ‘fiduciary’ relationship. Also, how can EIA documents or minutes of meetings can be termed ‘personal’… (3/n)
when such information are submitted under Environment (Protection) Act 1986 & Forest (Conservation) Act 1980: both empowers & mandates Central govt to protect environment & forest from commercial interests damaging ecology for the ‘public interest’. (4/n)
The objective of @moefcc is protecting & conserving environment/ forest/ wildlife as a trustee. Article 48A of constitution mandates the govt to safeguard ecology. MoEFCC is also the nodal agency of @UNEP in India & is expected to implement Environmental Rule of Law (EROL) (5/n)
Access to information, public participation, & access to justice are essential compt of the EROL laid down by UNEP (2019). Withdrawing such rights in favour of commercial interests of project developers instead of public the MOEFCC committed a great disservice to the nation.(6/n)
This essentially flows from Principle 10 of Rio Declan requiring State to 'facilitate and encourage public awareness & participation by making information widely available'. MOEFCC also ignored the govt’s constitutional mandate Article 51(c) & also its role under EP Act. (7/n)
When our @PMOIndia @narendramodi is trying best to establish India as a leader in global environmental movement through initiatives like LiFE & theme ‘Vasudeva Kutumbakam’ at G20 presidency, actions of @moefcc is just the opposite. Sir, I request you to kindly intervene. (n/n)
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