While the nation is reeling under the effects of COVID 19, the Ministry of Environment, Forests and Climate Change (MoEFCC) is considering environmental clearance for a large number of projects which includes mining, infrastructure, industrial projects, etc.. According to the website of the Ministry of Environment, over 190 projects are being considered for clearance and the entire process is being conducted over video conference . What might sound shocking is that the project proponents are being given a time slot of 10 minutes for their presentation over video conference. The Expert Appraisal Committee (EAC) which advises the government on environmental clearance will not be able to carry out site visits and therefore would be considering projects for approval solely on the basis of soft copies and presentation over video conference.
Public representation
The affected people might not even have the slightest hint of this process by the MoEFCC and this defeats the objective of public participation in a democratic nation. People affected by the projects who don’t even have access to the internet would be unable to send representations or documents to the Expert Appraisal Committee (EAC).
“In the past, these submissions have been crucial for the EACs to ask for critical studies and ensure safeguards even if a project is approved,” said Kanchi Kohli, a senior researcher at the Centre for Policy Research in New Delhi.
The threat to Assam’s Dehing Patkai, ‘Amazon of the East’
Tropical rainforests are centers of biodiversity and home to many endangered species. The Dehing Patkai tropical evergreen rainforest in Assam stretches over 575 km² in the districts of Dibrugarh, Tinsukia and Sivsagar. According to the research work of renowned wildlife biologist and environmental activist Dr. Kashmira Kakati, the rainforest is the home to seven species of wild cats- tiger, leopard, clouded leopard, leopard cat, golden cat, jungle cat and marbled cat.
Now the reason why there is hullabaloo on twitter, facebook, instagram with #SaveDehingPatkai is because recently, the National Board for Wildlife (NBWL) has recommended coal mining in the Dehing Patkai elephant reserve which is covered by the rainforest.
The National Board for Wildlife (NBWL) has recommended coal mining in Saleki, covering 98.59 hectares which is a part of the Dehing Patkai Elephant Reserve, by the North Eastern Coal Field of Coal India Limited (CIL). Out of the 98.59 hectares, Coal India Limited (CIL) for 16 years had already used more than 50 hectares of the reserve forest for mining without any clearance certificate and in clear violation of the Forest Conservation Act which came into force in 2003.
India’s commitment to biodiversity and the endangered species in Dehing Patkai
India is a signatory to the United Nations Biodiversity Convention,1992 and hence the parliament enacted the Biological Diversity Act,2002. It is interesting to note that Dehing Patkai hosts many of the endangered species of Schedule 1 of the Wildlife Protection Act,1972 which includes mammals such as clouded leopard, marbled cat, golden cat, slow loris, hoolock gibbon. The Assamese macaque in the rainforest is in the red list of Near Threatened species by the IUCN.
For bird lovers, it is a paradise where over 293 species of birds can be found including great Indian hornbill, white-winged wood duck which is included in Schedule 1 Part 3 of the Wildlife( Protection) Act,1972 and Slender billed vulture which is critically endangered.
Sustainable Development and coal mining don’t go hand in hand
Rainforests that once grew over 14% of the land on earth now cover only 6%. While there are many triggers of deforestation in India, mining both legal and illegal is the most significant one. According to a report by the scientists, nearly 10% of the deforestation in the Amazon forest in Brazil between 2005-2015 was due to mining activities. Our Hon’ble Union Environment Minister is of the view that the project clearances will boost economic growth. But, economic growth at the expense of deforestation will cause irreparable damage to health and environment which is already evident through climate change.
Therefore, to truly preserve the rich natural heritage of India, it is crucial to stop any kind of development activity in Dehing Patkai at the earliest.
Previously slapped fine by the National Green Tribunal
It is to be noted here that the National Green Tribunal found Jindal Power Limited and Coal India’s South Eastern Coalfields guilty of causing environmental damages in Raigarh, a district in Chattisgarh, and ordered them to pay a combined fine amounting to Rupees 160 crores. The fine was slapped recently for damage caused by illegal mining and pollutants dumping, excess mining, lack of environmental clearance, the costs incurred due to receding ground water, public health impact and non compliance with environmental conditions.
According to environmental lawyer Ritwick Dutta, the order by the NGT is notable because it goes against the popular belief that mining means development for an area.
Illegal mining for 16 years
Recently, the Assam Government has slapped a penalty of Rupees 43.25 crore on Coal India Limited (CIL) for illegal mining in around 73 hectares of land inside the Dehing Patkai Elephant Reserve forest from 2003-2019
The Way Forward
Now, from the above two instances it is evident that there lies laxity on part of Coal India Limited with regard to environmental regulations. Therefore, in the case of Dehing Patkai, a generous interpretation of the well settled Precautionary Principle needs to be considered. The Precautionary Principle is a component of the concept of sustainable development and is incorporated in Principle 15 of the Rio-Declaration,1992. According to the principle, ” where there is threat of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation.” Justice Kuldeep Singh of the Supreme Court in Vellore Citizens case (1996) 5 SCC 647, has clearly laid down the rules with regard to precautionary principle. What needs to be taken into account is the very nature of the way Coal India has operated previously undermining its effects on human and environment. Under no circumstances can coal mining be allowed in Dehing Patkai considering its rich biodiversity and its role in maintaining ecological balance.
Online Public Participation
The Government should immediately rethink and take suggestions from the environmentalists, conservationist, researchers, students who have already started online campaigning #SaveDehingPatkai.
Public Participation is an integral part of Environmental Impact Assessment (EIA). If the government is signalling environmental clearance through video conferencing then it should also provide the platform for public consultation.
Also, allowing coal mining would suggest India’s own backtracking from its international commitment towards preserving biodiversity and achieving Sustainable Development Goals. To truly stand as a global champion India needs to reflect the provisions such as Article 48A of the Directive Principles of State Policy and provisions under the Biological Diversity Act,2002 through its implementation.