Environmental Assessment Draft 2020

Let’s look at how the new draft seeks to undermine the basic principles of environmental responsibility, sustainable development, and recommendations of the National Green Tribunal.

Firstly the new draft allows Post Facto approval with a penalty for projects. Post facto approval is problematic on many grounds; it goes against the fundamental principle of environmental jurisprudence and violates the precautionary principle of sustainability. Earlier, clearance needed to be sought before construction, evacuation, or extension of a project began.

But with post-facto approval, it could be used as a tool to bypass environmental concerns affecting millions of people. This is not the first time center has gone with Post-facto approval, a similar decision was passed in 2017, which after being challenged by a PIL was upheld by madras high court.

As said by a Delhi based lawyer Parul Gupta, “this provision is likely to encourage industries to start operations without bothering about clearance and eventually get regularised by paying the penalty amount. It will likely open a floodgate of violations and give rise to a situation of fait accompli, where damage to the environment is irreversible.”