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1. Comments on the Draft EIA Notification 2020

Author:
Shibani Ghosh
Publication Date:
07-2020
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Ministry of Environment, Forest and Climate Change has proposed a new notification to supersede the Environment Impact Assessment (EIA) Notification 2006 that is currently in force. The Ministry has sought comments from the public on this draft EIA Notification 2020. Shibani Ghosh, Fellow, CPR, in her comments to the Ministry has highlighted that there is a crying need to overhaul the EIA Notification 2006 and the regulatory framework built around it – not only to address its various inherent weaknesses that have been identified over the years, but also to put in place systems and processes that respond to the steadily degrading environmental quality in the country. However, the draft EIA Notification 2020 fails to do so. According to Ghosh, in its current form, the draft Notification is legally untenable as it does not conform to its parent Act – the Environment (Protection) Act 1986, and is in the teeth of various judgments of the Supreme Court, High Courts and the National Green Tribunal. It dilutes the already weak processes of environmental impact assessment, expert scrutiny and public consultation, and wrongly condones violations and illegalities. The comments are divided into two sections. Section I discusses four specific reasons why the draft notification is legally untenable and Section II highlights five major concerns that arise from the proposed regulatory design.
Topic:
Environment, Governance, and Judiciary
Political Geography:
South Asia and India

2. Pursuing a Clean Air Agenda in India During the COVID Crisis

Author:
Santosh Harish and Shibani Ghosh
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Air quality was gradually gaining political salience in India in the last few years, but COVID-19 and the deepening economic recession may now change the speed, and possibly the direction, of progress. The aim of this report is to begin the process, even amidst uncertainties, of understanding the effects of the COVID crisis on the air quality discourse in the country, and on the mitigation efforts already underway. We begin with a brief overview of the air quality improvements observed during the lockdown, and then identify some likely implications of the pandemic on how we frame the air quality problem. In view of state actions and public response during the COVID crisis, how should we, if at all, adapt our current framing of air pollution as a public health crisis? In the next section, we discuss broad financial, regulatory and institutional implications: in particular, the need to engage with the available funding channels to initiate and sustain measures to improve air quality amid significant fiscal constraints. There is a worrying erosion of environmental safeguards, which may – in part – be justified as a prerequisite to restarting the economy, and facilitating “ease of doing business”. Given that air quality management in India needs a multi-pronged approach across disparate sources, we then reflect on how the disruptions affect each of the major sources, and the resultant opportunities and challenges.
Topic:
Environment, Governance, Pollution, Public Health, and COVID-19
Political Geography:
South Asia and India

3. Comments on Draft National Energy Policy

Author:
Navroz K. Dubash, Partha Mukhopadhyay, Radhika Khosla, Shibani Ghosh, Ankit Bhardwaj, and Swetha Sridhar
Publication Date:
07-2017
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Draft National Energy Policy released by the Niti Aayog in June 2017 was a roadmap describing the priorities of the government with regards to India's energy future and a critical reference document for all actors working in this field. This working paper reflects the result of internal deliberations, aimed at understanding and reflecting on the draft NEP, with the aim of constructive feedback to NITI Aayog.
Topic:
Energy Policy, Environment, Government, Finance, and Legislation
Political Geography:
South Asia, India, and Asia

4. Penalising Environmental Violations: An Analysis of The Ministry’s Proposal

Author:
Shibani Ghosh
Publication Date:
01-2016
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
In October 2015, the Ministry of Environment, Forest and Climate Change released a Draft Environment Laws (Amendment) Bill 2015 proposing amendments to the Environment (Protection) Act 1986 and the National Green Tribunal Act 2010. The stated objective of the Bill is to provide ‘effective deterrent penal provisions’ and to introduce the concept of monetary penalty. It also aims ‘to minimise the exercise of discretion and make an unambiguous framework’. This paper summarises the text of the Bill and analyses whether it will complement the environmental objectives the parent laws espouse. It discusses some of the major concerns relating to the proposed amendments under three broad themes: environmental damage and penalties, adjudicating authorities and rule making powers. It concludes that although penalties that effectively deter violators are certainly the need of the hour, the proposed amendments are unlikely to achieve this objective.
Topic:
Climate Change, Environment, Law Enforcement, Law, Legislation, and Deterrence
Political Geography:
South Asia, India, and Asia

5. Reforming the Liability Regime for Air Pollution in India

Author:
Shibani Ghosh
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
Topic:
Environment, Health, Governance, Law Enforcement, Law, Reform, and Pollution
Political Geography:
South Asia, India, and Asia