Environmental Crisis and Legal Setbacks in India
The air quality in India's national capital and numerous cities is alarmingly poor, affecting humans, plants, and animals. In particular, Delhi's children face severe lung damage, and farmers in Punjab and Haryana are exposed to harmful particles.
Supreme Court's Controversial Ruling
The Supreme Court's recent decision to allow post-facto environmental approvals has sparked significant concern. This ruling undermines previous judgments that deemed such approvals illegal, particularly the Vanashakti vs Union of India case. The decision permits retrospective environmental clearances for "permissible activities" but threatens the integrity of environmental governance.
Impact on Environmental Governance
- Environmental clearance is a constitutional right under Article 21, ensuring clean air and a healthy environment.
- The recent ruling may lead to unchecked pollution, as it allows violators to seek forgiveness after causing harm.
Examples of Environmental Law Dilution
- Draft Environmental Impact Assessment Notification 2020: Institutionalized post-facto clearances and reduced compliance and public participation.
- Amendments to Forest Conservation Act (FCA): Redefined "forest land," excluding many protected areas and allowing unchecked development in ecologically sensitive regions.
- Exemptions in Key Sectors: Sectors like coal mining and oil exploration have been granted regulatory exemptions, bypassing public consultation.
- CRZ Notification 2018: Weakened coastal protections, allowing development in ecologically sensitive areas.
- Fast-tracked Clearances: Expert committees expedite approvals without thorough review, undermining public hearings and community involvement.
The previous ban on post-facto clearances emphasized the violation of fundamental rights to a pollution-free environment. The current legal stance poses a serious threat to environmental protection and public health, raising concerns about future generations' rights.
