Well implemented, pragmatic laws are needed
The state-appointed review panel for green laws has done a commendable job of diagnosing the main problems that plague industry and environment alike. Now, it is hoped that the Government will seriously consider the panel's many out-of-the-box solutions including its recommendations on the establishment of new Environment Management Agencies at the national and State levels, the formation of a new All India Environment Service cadre, and the creation of an ‘appellate court' which will deal with industry grievances.
As of now, well-intentioned green laws, framed to protect the environment while also ensuring that the country follows a model of sustainable development, have often failed on both counts. On the one hand, India's natural wealth has been ravaged by unscrupulous business folks looking to make a quick buck — be it through rapacious illegal mining or constant encroachment on river banks or the irresponsible development of tourist hubs in ecologically fragile areas.
On the other hand, hundreds of development and infrastructure projects, necessary to build roads and highways, factories and power plants, have been stalled for years for want of green clearances. Clearly, this is a lose-lose situation that calls for a complete overhaul. The Government has done well to start with a review of the major green laws, namely, the Environment (Protection) Act, 1986, Forest (Conservation) Act, 1980, Wildlife (Protection) Act, 1972, The Water (Prevention and Control of Pollution) Act, 1974 and The Air (Prevention and Control of Pollution) Act, 1981.
These are unnecessarily complicated, often redundant and full of loop holes. Straightening and simplifying the system is an important first step, and this has been undertaken by the review panel. Of course, critics will be quick to label this process as a loosening of environmental laws by a supposedly pro-industry Government. They should be reminded of two facts: First, even under the current laws, most of the projects eventually received green clearances — it’s just that project developers had to wait for years as their files, well greased with bribe money, slowly snaked their way around the bureaucracy; second, poorly enforced laws, no matter how good and strong on paper, have little value on the ground, as panel chief TSR Subramanian has himself pointed out.
Simple, pragmatic laws that can be effectively implemented are the need of the hour. Specifically in the case of green laws, implementation must also include strict monitoring and ensuring compliance. For example, if a company has been given a green permit to mine a certain amount of coal, the authorities must ensure that it doesn’t cross the limit. Similarly, if a property developer has been allowed to cut some trees, on the condition that he will plant an equal number elsewhere, the authorities must ensure that he delivers. Too often, the Government, having issued a green permit, doesn’t carry out these follow up actions.