Environmental Impact Assessment: Why is it important?

An Environmental Impact Assessment (EIA) is a study which analyses and predicts how a proposed industrial project/activity will affect the environment. The Central government publishes EIA notifications for imposing certain restrictions on industrial activities and prohibiting industrial projects in any part of India for environmental reasons.

In March, the Ministry of Environment, Forest and Climate Change had come up with a Draft EIA notification 2020, and had asked people for any objections or suggestions about the proposal in the draft. Now, the Karnataka High Court has asked the government not to publish the final notification based on the draft till September 7. The Court said that citizens should have enough opportunity to file objections to the draft notification.

The importance of an EIA

Under Section 3 of the Environment (Protection) Act of 1986, the Central government has the power to take necessary measures for protecting and improving the quality of the environment and preventing, controlling and decreasing environmental pollution. So, the government can restrict certain areas in which industrial operations or processes cannot be carried out, or can be carried out only after fulfilling certain conditions to safeguard the environment.

Conducting an EIA ensures that a proposed industrial project is approved only after a proper inspection and after considering all the harmful consequences that can result from the project. Thus, a proposed industrial project can only be approved after getting an environmental clearance.

The High Court order

The Karnataka High Court considered the fact that after the draft EIA notification was published, because of the lockdown, there were many constraints on individuals who wanted to file objections to the draft notification. The Court said that the right of citizens to file objections has been affected.

Further, the Court said that the government cannot publish the final EIA notification without first ensuring that sufficient publicity is given to the draft notification.

The Court also criticised the suggestion of the government to publish the draft notification in only Hindi and English languages. The Court said that even people who are not familiar with these languages would like to file objections to the draft.