Abstract

This Article discusses the recently proposed Environmental Impact Assessment (EIA) Draft Notification issued by Government of India. It throws light on the concept of EIA and its necessity in modern civilizations which is largely dominated by industries and technology. This article also highlights leading Indian judicial precedents which have been enforcing international norm of sustainable development, emphasizing EIA and importance of public involvement in approval of developmental projects. In the past we have observed conflicts between interested environmental stakeholders and project proponents, however more disengagement from the local men and reality may have severe disastrous effects to a nation. The article analyses and critiques the changes that are proposed through this draft. Factors like public consultation, self- reporting, post facto clearances, prior environmental clearances are focused in this article and the repercussions of these vital changes are reviewed. Even though the current Environment Impact Assessment Notification (2006) has been instrumental in implementing goals of sustainable development, there is not only scope, but also a dire necessity also to rethink, reassess the rules regarding Environment Impact Assessment. The time demands stricter implementations of sanctions so that the environment is preserved. Patch up policies, post facto clearances and regularizing fait accompli situations are becoming loopholes for project proponents to get away from fines/penalties of environmental damage. The proposed Rules, if in force, would prove to be an anti-thesis to sustainable development and, by extension, our international obligations and therefore they need to be actively deliberated.

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