Debadityo Sinha Profile picture
Apr 21 9 tweets 6 min read Twitter logo Read on Twitter
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 Image
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) Image
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) Image
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) ImageImageImage
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) Image
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)
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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) Image
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) Image

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More from @debadityo

Mar 29
Forest (Conservation) Amendment Bill 2023 is introduced in the Lok Sabha today. Statement of Objects- the govt is trying to prevent misinterpretation of the provisions of FCA wrt recorded forest in T.N. Godavarman judgment. #Thread on my opinion from 1st reading of the Bill (1/n)
The Bill systematically dilutes the provisions of 'Deemed Forest' in Supreme Court judgment in T.N. Godavarman, where any land which is recorded as forest in govt record required 'Forest Clearance'. Now the amendment proposes to include only those lands which are recorded as… twitter.com/i/web/status/1…
This is major exemption & threaten a significant area of forest land in the country, especially because majority of such recorded forest lands were originally transferred to forest dept during abolishment of Zamindari system (in 50s-70s). (3/n)
Read 13 tweets
Mar 27
Why the Uttar Pradesh govt might have ignored Wildlife (Protection) Act 1972 by capturing the Sarus Crane, translocating & now put it in captivity in Kanpur Zoo. A thread. (1/n)
#SarusCrane #BirdsOfTwitter @UPGovt @UpforestUp
The WPA allows capturing/ hunting a Sch I animal under s11 only when CWLW is satisfied that the animal is dangerous to human life or disabled or diseased beyond recovery.. that too in written order citing reasons. (2/n)
S12 allows grant of permission to capture wild animals for special purposes which includes education, sci. research, etc. Translocation to alternative habitat is allowed... All this requires written statement of reasons from CWLW.. (3/n)
Read 10 tweets
Dec 7, 2022
Wildlife Protection (Amendment) Bill 2022 just tabled in Rajya Sabha. The revised Bill was passed by Lok Sabha in last session-will be ineteresting to see how it gets debated in the RS. #Thread #ParliamentWinterSession
You can watch the debate here.-
Mr Vivek Tankha (INC) talking about Ecosensitive Zones ignored by the WPA Bill. Good to see the point being discussed in the parliament.
Dr Kanimozhi Somu (DMK) talking about the livelihood & cultural rights of indigenous people. Interesting to see her talking about role of different biogeographic zones & unique biodiversiry, sustainable tourism. Sadly she didnt comment anything on the Bill.
Read 39 tweets
Aug 30, 2022
The latest Wildlife Protection (Amendment) Bill 2022 had inserted a new proviso in s43(2) which allows the Central Govt. to prescribe Rules for transfer/ transport of ‘captive elephants’ for ‘religious or other purposes’. This thread discusses legal problems in doing that. (1/n)
Capturing any Schedule I animal (wild or captive) is prohibited activity under WPA’72, except under some extraordinary circumstances as outlined in s11 & s12. FYI- capturing any wild animal is considered as ‘hunting’ as per the WPA definition. (2/n)
S11 permits hunting when animal becomes dangerous to human life/ property or diseased/disabled beyond recovery. S12 permits capturing Sch I animals for special purposes which is mentioned in the WPA (See attached screenshot). Thus any exception can be granted only under S12 (3/n)
Read 15 tweets
Dec 17, 2021
The Env Minister @byadavbjp tabled the Biological Diversity Amendment Bill in LS, reportedly w/o public consultation. Sources said there was only an internal consultation. Attchd objective and reasons. My initial opinion on the bill in the next tweets (1/n)
The bill dilutes the restriction imposed under s3c(ii) on corporation registered in India which has any non-Indian participation as shareholder or management. Now the amendment (img2)creates a new category 'foreign controlled company' with a ref to Company Act. (2a/n)
As per Companies Act 2013- foreign companies means company incorporated outside India & contradicts the present provisions which restricts specifically companies registered in India but has participation of non-Indian. "..control of a foreigner" not defined. (2b/n)
Read 15 tweets

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