Environmental organisations, including legal Initiative for Forest and Environment, Matu Jansangathan that has been active in Uttarakhand and the South Asia Network on Dams, Rivers and People among others have sent a letter to the Ministry of Environment, Forest and Climate Change raising their concerns regarding the Draft Environmental laws (amendment) Bill, 2015.
According to Vimal Bhai of Matu Jansangathan, the organisations have stated in the letter to the MoEFCC that 15 days is not adequate period for critical amendment in environment laws.
The affected community neither has the means to access the notification nor is aware of it. Instead of providing the notification on the internet, it would be better if the ministry made it more publicly through newspapers, district magistrate and Government offices till the block level and other sources.
He said, "The Bill in its present form also violates India's international commitment under the Rio Declaration, 1992, specifically Principle 10. The ministry should have followed at least some of the processes it lays down for public participation, including announcements in newspapers. Citizens of India are affected and have the right to know and participate. The Bill in its present form does not achieve the stated objective to provide for 'effective deterrent penal provisions and introducing the concept of monetary penalty for violation and contraventions'. The maximum penalty of `20 crore irrespective of the nature of industry and offence cannot act as a comprehensive deterrent. While the party against whom a penalty is imposed by the adjudicating authority can directly approach the National Green Tribunal (NGT), the affected citizens have to go through a process which is complicated if the penalised party fails to pay the penalty. By doing so, the Bill favours the guilty over those affected by the offense. The Bill also curtails powers of the NGT to award compensation and damages making it accessible mainly for polluting units to redress their grievances and not for affected people. The Bill favours the guilty over those affected by the offense.” “There is no scientific and legal basis for categorising offences as 'substantial', 'non substantial' and 'minor'. For certain categories of industries the damage near the project site can be more than the damage beyond 5 kms. Yet the penalty is the least for damages within 5 kms. Also, there is no basis for deciding on the 5 kms standard. In the letter, environmental organisations have requested the ministry to conduct wide, public oriented consultations on the Bill and transparently address the objections received," added Vimal Bhai.