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1. Mapping Dilutions in a Central Law

Author:
Kanchi Kohli and Debayan Gupta
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Even as the Joint Parliamentary Committee’s report on the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) is awaited, several states have already brought about changes that severely compromise the scope of clauses related to consent, Social Impact Assessment (SIA), food security and higher compensations. These changes also restrict the applicability of the 2013 law at state level. States have executed these changes through Rules under Section 109 of the Act, or have enacted their own state level land acquisition legislations using Article 254(2) of the Constitution of India. States, which have exercised the latter option, have managed to override the provisions of the central law. In the present case this has meant doing away with the provisions of consent and Social Impact Assessment. This paper traces how, and to what extent, the provisions of the central law have been diluted by the states.
Topic:
Security, Constitution, Land Law, and Legislation
Political Geography:
South Asia, India, and Asia

2. From Prior to Post: Legalising environmental violations?

Author:
Krithika A. Dinesh and Kanchi Kohli
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
Between March 15 2017 and June 15 2017, 207 projects that violated the Environment Impact Assessment (EIA) Notification applied for an environmental clearance. These applications have come as a result of a notification that the Environment Ministry had passed on March 14th 2017 which gives an opportunity to projects that have violated conditions of the EIA Notification to apply for a clearance within a period of six months, ie by September 15. This notification was passed despite much criticism of the draft notification that was issued on 10 May 2016. The CPR-Namati Environmental Justice Program has analysed these applications to see what are the kind of geographical and sectorial spread of these violations and whether there are any trends emerging out of the applications that have come in till June 15. The Environment Ministry has already started looking at the applications through a Committee that has been set up for this. This Committee is headed by Dr SR Wate and had its first meeting on 22 June 2017. The Committee in its first meeting has examined ten applications. Out of these ten applications, the committee has already recommended seven for grant for a Terms of Reference subject to conditions. This working paper would be updated with the analysis of the applications that are coming in as well as the progress of these applications.
Topic:
Environment, Government, Natural Resources, Courts, and Legislation
Political Geography:
South Asia, India, and Asia

3. How Effective are Environmental Regulations to Address Impacts of Industrial and Infrastructure Projects in India

Author:
Krithika A. Dinesh, Meenakshi Kapoor, Kanchi Kohli, Manju Menon, and Preeti Venkatram
Publication Date:
11-2016
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
People around the world live in areas that have been altered for industrial, infrastructure or mining projects. Their lives and occupations are being negatively impacted by problems of access, encroachment or pollution. Though governments in many countries have regulatory procedures for implementing environmental and social safeguards that are applicable to such projects so that problems can be minimised or mitigated, the qualitative difference of such regulatory systems depends on the efficacy of their compliance safeguards. Typically, in countries where compliance is low, projects meant for development have also resulted in substantial environmental and social costs. Governments and investors fear the implementation of environmental policies and claim that these are bottlenecks or speed breakers to growth. Several new studies show that stringent compliance of environmental policies will neither affect competitiveness nor slow down GDP growth. On the contrary, it may result in bottom line benefits at the level of projects as well as sustain economic growth by enhancing efficiency and innovation. India promulgated a series of environmental legislations between 1980 and 2005 to ensure that environmental and social impacts of land use change, infrastructure development and industrialisation are kept in check and timely mitigation is undertaken. The laws establish detailed procedures for assessing the environmental impacts of the proposed projects that are likely to cause land use change. The laws also involve the laying of conditions that are attached to the approvals granted to these projects. These conditions are meant to mitigate or prevent damage or impacts to the extent ascertained by the project proponents and the government or regulator. Since the time these laws were first designed, there have been numerous amendments to them to change the scope of applicability of these laws, the time taken by regulators for decision-making and the sharing of responsibility between state and central governments in implementing these laws. However, one aspect of these laws that has seen minimal change is in their monitoring and compliance regimes. What happens to the projects once they are granted approvals? Do they comply with all the conditions imposed on them for mitigating or minimising environmental and social impacts? Who oversees these processes and what is the extent to which compliance is achieved? This report is the outcome of a research project undertaken to understand the efficacy of conditional compliance, institutional monitoring and enforcement of environmental regulations to address the impacts faced by communities living around industrial and infrastructure projects. The project identified the institutions responsible for monitoring and compliance under various environmental laws, their procedures and practices by which these roles are realised. While it has been known that government agencies and regulatory bodies hold the formal duties of monitoring, the project also focused on how affected communities engage these institutions for greater compliance and remedies in case of environmental and social impacts of various kinds, such as encroachment or damage to common or private property, loss of livelihoods and loss of access to public spaces. By analysing the efforts made by affected parties to engage with environmental institutions to craft remedies for existing environmental impacts, this research aims to highlight regulatory ingredients that are necessary for sound environment regulation and better outcomes through compliance. If translated into concrete policy on environmental monitoring and compliance, these lessons could address the chasm between enforcement of environmental regulations and the ever-growing difficulties of meeting environmental challenges.
Topic:
Environment, Industrial Policy, Natural Resources, Infrastructure, and Legislation
Political Geography:
South Asia, India, and Asia