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#DemystifyingEIA Sorry. Cud b long.
Attempt to explain all about EIA & legal instrument called #EIANotification. This is based on background research conducted by @water_conflicts & hands on experience since 2007 dealing with d issue at HC, SC & NGT. Thnx @lifeindia2016
Seen Ppl confuse terms like EIA, EAC, EC, SEIAA, SEAC & now DEAC. Ground realities of EIA report, Public consultation, EAC functioning, Award of EC, its monitoring etc is poorly understood. EIA legalese gotten verbose over time & agendas found entry under d clarification garb.
Today it is #HistoricalContext.
It began with India's participation at d 1st UN Earth Summit (1972 Stockholm). In 1975, 42nd constitutional amendment obligated "d State shall endeavor to protect & improve d environment & to safeguard d forests & wildlife of d country" (Art48A).
Environment (Protection) Act,1986 (EPA) was in the aftermath of world's worst industrial disaster on d night of 2-3 December 1984 at d Union Carbide factory in Bhopal, MP that killed thousands & affected tens of thousands.
Section 3 (2) (v) of EPA empowers GOI “restriction of+
areas in which any industries, operations or processes or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards.” 3 ‘restricted areas’ declared Doon Valley 1989; Dahanu Taluka (MS)1991 & Aravalis (Raj & Har)+
in 1992. Three categories of Industries were identified namely Green, Orange & Red & regulations / prohibitions with respect to them were made in Doon Valley & in d Dahanu Taluka. Prior approval from MoEF was required for any mining, tourism, grazing & land use planning in +
d Doon valley. In Aravali range d restrictions related to mining of major minerals.
Earth Summit 1992
20 years after the Stockholm 1972 Conference global leaders met once again at Rio de Janeiro (Brazil) in 1992 in what is popularly called the UN Earth Summit 2.
Principle 17 of the Rio Declaration obligated all nations "to use environmental impact assessment (EIA) as a tool for informed decision-making towards sustainable development".
Consequently rather enact a new law, India preferred to utilize d provisions of EPA 1986 for d needful
Result was d #EIANotification1994. Later a revised #EIANotification2006 was promulgated. Now there is
#draftEIANotification2020 which is under public review.
This "public notice & review" is mandated under para 5(3) (a),(b),(c)&(d) of Environment Protection Rules,1986.
Notably, d central govt by #EIANotification has expanded the scope of Sec 3 (2) (v) of EPA to designate d entire country into a "restricted area" under EPA1986 from d initial 3 restricted areas of Doon valley, Dahanu Taluka and Aravali range.
It is also notable that +
Peamble of EPA1986 says
"An Act to provide for d Protection & Improvement of Environment & for matters connected therewith."
So any measure taken by d State utilising EPA1986 has to be in consonance with its preamble.
#LITMUS #TEST
Thus anything contained in #EIANotification has to pass the test of it being for d "Protection" & "Improvement" of d Environment & nothing else, whatsoever.
This is for today.
@moefcc @Jairam_Ramesh @Neha429 @sidagarwal @lifeindia2016 @Indian_Rivers @nehaa_sinha
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