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Was asked,"Highlight d key problems with #draftEIA2020".
My response. Problem z not just with EIA2020 but with d whole EIA regime. #DraftEIA2020 was an opportunity to think & act wisely but unfortunately got converted into a disaster. There r at least 6 "Who" that needs attention
1. Who #drafts the Law?
2. Who gets #covered under it?
3. Who #prepares EIA report?
4. Who is #consulted & when?
5. Who #appraises a Project/activity?
6. Who #monitors a project post EC?
Each of these "Who" is crucial for a meaningful & worthwhile EIA regime in d country.
1. A law is meant to express Societal concerns & aspirations & not d philosophy or desires of a party in power. So why shud mandarins in a dept draft it?
Law as crucial as EIA with national & international ramifications must b #drafted by a representative Committee of experts.
2. While env impacts of economic sector/project/activity wud vary, it is wrong to #include/#exclude any project based upon presumptions.
Impact potential alone as determined by an Expert Panel shud classify a project as A & B for appraisal at centre or state level respectively.
3. Project Proponent commissioning a Consultant at its own terms & conditions for #preparation of an EIA report is instance of huge 'conflict of interest' which can never ensure d most imp document under d law to b without fear or favour. This arrangement has to cease.
4. Holding a Public Hearing without any quorum & only after d draft EIA report is in place is a sham & just a formality performed in d name of #Consultation. Local Public & interested expert's views must b solicited at d very start & throughout d project appraisal process.
5. Presently Chairmanship & membership of Expert #Appraisal Committees (EAC) at centre & state levels hv unfortunately got compromised thru amending qualifications over d yrs that has encouraged entry of retired bureaucrats/technocrats at d cost of 'true' experts & scientists.
6. Proper #monitoring of 'cleared' projects is key to ensuring timely mitigation of impacts & observance of EC conditions. Restricting it only to govt agencies or select govt institutions & specifically excluding public participation in it points to unacceptable drafting bias.
#Finally shud an inadvertant or wilful violator of law be given a long rope in perpetuity is d most problematic & brazenly anti-environment protection provision in form of para 22 & 23 in the #draftEIA2020. Nothing of this kind existed in EIA1994 or 2006.
SC has already declared post facto approval or violations of EIA Notification extra constitutional & against EIA jurisprudence. This can hv NO place in an EIA regime.
@moefcc @PrakashJavdekar @Jairam_Ramesh @lifeindia2016 @water_conflicts @Watervagabond @ShripadManthan @Neha429
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