Lok Sabha Question No. 1037 (UNSTARRED), answered on 2020-09-18
Subject: Forest Rights under new EIA
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: Sunil Dattatray Tatkare

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO. 1037

TO BE ANSWERED ON 18.09.2020

## Forest Rights under new EIA

## 1037. SHRI SUNIL DATTATRAY TATKARE:

Will  the  Minister  of  ENVIRONMENT,  FOREST  AND  CLIMATE  CHANGE  be  pleased  to state:

- (a)   whether  it  is  a  fact  that  the  Ministry  has  recently  proposed  the  new  draft  Environment Impact  Assessment  (EIA)  thereby  diluting  the  environment  protection  norms,  if  so,  the details thereof;
- (b)   whether the  exemption of projects from public hearing as per draft  EIA, undermines the rights of tribals and the authority of Gram sabhas, if so, the details thereof;
- (c)  whether the Government proposes to protect the rights to minor forest produce and access to biodiversity as guaranteed under FRA, if so, the details thereof; and
- (d)  whether the penalty imposed for violation of environmental laws has been reduced/diluted to mere fines in the EIA Notification, 2020, as opposed to imprisonment under EIA, 2006?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (SHRI BABUL SUPRIYO)

- (a) The draft EIA Notification, 2020 aims to strengthen the environmental cause and strikes the balance between environment and development. The draft EIA Notification, 2020, inter alia , promotes environmental cause; removing redundancies & encourages modernization. Therefore, it brings defaulters into environmental regime with requisite action, penalty and remediation; and introduces standardization and technology driven process.
- (b): The EIA process does not undermines the rights of tribals and the authority of Gram sabhas. The draft EIA 2020 has retained all the features of public consultation as they exist in EIA 2006 framework. In addition, to leverage on multiple communication channels that are now available, it also provides that, if required, based on the nature of project, public consultation through any other appropriate mode such as the electronic or virtual mode may also be recommended by the Appraisal Committee, or the Regulatory Authority, as an additional means of communication. Physical hearing will continue to exist.

(c):  The  rights  of  Scheduled  Tribes  and  Other Traditional  Forest Dwellers over the concerned forestland, if any, are specifically addressed and certificate from the concerned District Collector is  obtained  before  any  diversion  of  Forestland  is  considered  by  the  Government.  Further,  the Clause 17 (5(b)) of the draft EIA Notification 2020 clearly specifies requirement of in-principle approval  for  diversion  of  Forestland  under  Forest  (Conservation)  Act,  1980  involved  in  the project before grant of Environment Clearance. No changes were made through draft EIA, 2020 in respect of rights to minor forest produce and access to biodiversity under FRA.

(d): The EIA Notification, 2006 does not in itself provides for imprisonment. The violation of EIA Notification, 2006 that is in force in excise of powers under the Environment (Protection) Act, 1986 results in contravention under the Environment (Protection) Act, 1986 itself, thereby attracting  the  provisions  of  Section  15/19  of  the  said  Act.  Section  15  of  the  Environment (Protection) Act, 1986 provides for penalty or imprisonment or both for contravention of the Act. In  the  same  manner,  a  violation  of  any  provisions  in  the  EIA,  2020  shall  attract  the  penal provisions of Section 15 of Environment (Protection) Act, 1986.

The Clause 22 (14) of the draft EIA Notification 2020 clearly specifies that the project proponent is liable for action under Section 19 of the Environment (Protection) Act, 1986 for the violations committed  by  it.    In  addition,  the  draft  notification  also  lays  down  additional  liability  on  the project  proponent  for  causing  damage  to  the  environment  through  assessment  of  environment damage caused and formulation remedial and community augmentation plan (reference clause 22(5) of the draft notification).

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