SC ruling on post-facto clearances sets environmental law back by decades, Pg11

Key Highlights:

• The Supreme Court (SC) has allowed post-facto environmental clearances, reversing its previous stance that deemed them illegal.
• This ruling permits environmental approvals after a project has commenced, under certain conditions.
• The decision came in response to a review petition filed by the Confederation of Real Estate Developers of India.
• A prior SC judgment in Vanashakti vs Union of India had barred any post-facto environmental clearances.

Detailed Insights:

• The judgment raises concerns about the dilution of environmental safeguards and the potential for increased pollution.
• Environmental clearance is a constitutional guarantee derived from Article 21, which protects the right to life, including a healthy environment.
• The author argues that the ruling legitimizes violations of environmental norms and rewards wrongdoers, undermining compliance.
• The Draft Environmental Impact Assessment Notification 2020 also attempted to institutionalize post-facto clearances, drawing criticism for being anti-environment.
• Amendments to the Forest Conservation Act (FCA) have redefined "forest land," excluding previously protected areas and facilitating forest diversion for projects.
• The Coastal Regulation Zone (CRZ) Notification 2018 has weakened protections for coastal ecosystems, opening them up for commercial exploitation.
• Environmental clearances are being fast-tracked through expert committees with minimal field verification, turning the safeguard mechanism into a clearance factory.

Key Concepts Involved:

• Post-facto Environmental Clearance: Granting environmental approval to projects that have already commenced operations.
• Article 21: A fundamental right in the Indian Constitution guaranteeing the right to life and personal liberty.
• Environmental Impact Assessment (EIA): A process to evaluate the likely environmental impacts of a proposed project or development.