The Aravalli question faces the brunt of India’s fondness for ‘strategic exemptions’, Pg11

Key Highlights:

• The Supreme Court is re-examining the definition of Aravalli Hills for mining regulations, initially introducing a "strategic exemption" for critical minerals.
• Environmental groups fear the new definition weakens protections against illegal mining and exploitation in the Aravalli region.
• The Environment Ministry has been softening environmental regulations to promote ease of doing business, raising concerns about misuse of exemptions.
• The Forest (Conservation) Amendment Act 2023 has widened exemptions for certain activities in forests, potentially impacting mineral exploration.
• The Aravalli Hills are crucial for groundwater recharge and preventing desertification, aligning with Sustainable Development Goals.
• The hills contain minerals vital for India's strategic interests, including those needed for the green energy transition.

Detailed Insights:

• The controversy arose after the Supreme Court defined Aravalli Hills based on elevation and proximity, leading to concerns about fragmented enforcement.
• The "strategic exemption" allows mining of critical minerals, but lacks clear rules for balancing climate commitments and industrial demands.
• The Environment Ministry's use of executive discretion and project-specific exemptions raises concerns about transparency and environmental impact assessments.
• The Supreme Court's reversal on ex post facto clearances introduces uncertainty into environmental regulation, potentially leading to environmental damage.
• Amendments to the Forest (Conservation) Act facilitate infrastructure development in forest areas with mineral deposits, easing exploration.
• The lack of clear criteria for "strategic considerations" and cumulative impact assessments threatens the Aravalli Hills' ecosystem services.
• Establishing a binding test for "strategic considerations" and disclosing rejected alternatives are crucial for balancing climate action and economic growth.

Key Concepts Involved:

• Strategic Exemption: An exception made for projects deemed vital for national security or strategic interests, potentially bypassing environmental regulations.
• Environmental Impact Assessment (EIA): A process to evaluate the environmental consequences of a proposed project or policy.
• Ex Post Facto Clearance: Granting approval to a project after it has already commenced, which is generally disfavored in environmental law.