The R-word has finally crept into the way the country’s environment is managed and preserved. A draft of the National Environment Policy — that was put in the public domain for comments yesterday — has called for reforms in the legislative structure that governs environment.
Prepared by the Ministry of Environment and Forests, the draft calls for a ‘‘holistic and integrated’’ approach by revisiting all the laws, the institutions that govern, penalties and management techniques used for forests and wildlife. It seeks to:
• Identify newer areas for new legislation based on better scientific understanding while fulfilling needs of economic and social development
• Review the existing body of legislation in order to develop synergies among relevant statutes and regulations and eliminate obsolescence
• Ensure accountability of the concerned levels of government in undertaking the necessary legislative changes in a defined time-frame.
It acknowledges a major area of concern expressed by various committees: The procedure for obtaining environment and forest clearances as the largest sources of delay in completing projects.
According to the draft: ‘‘The objective is to reduce delays and levels of decision-making, decentralisaton of environmental functions and ensure greater transparency and accountability.’’
It also re-examines the approach to deal with violators of environmental laws and regulations — presently based on criminal processes and sanctions. It argues that although criminal sanctions might have a deterrent impact, in reality they are rarely fruitful. Civil law, on the other hand, offers flexibility and its sanctions can be more effectively tailored to a situation.
The policy calls for a judicious mix of both. Civil liability law for non-compliance, criminal processes for serious and potentially provable infringement of laws.
The draft also calls for reforms in the way environment and forest clearances are done at the Centre. It says regulatory authorities at the local level should be encouraged so that Environmental Impact Assessment can be done at the planning stage itself.
It adds that quality and productivity of the land needs to be given due consideration. Even if that industry does not have to get environmental clearance, if the land is, for example, prime agriculture land, EIA should be done.
The draft suggests other ways to make management more effective: For example, clustering of industries so that clean-up mechanisms like common effluent treatment plants can be set up or prohibit diversion of dense forest land to non-forest use.
It asks for revisiting the stringent Coastal Regulation Zone to make it more holistic and base it on scientific principles. Locals should be involved in all decisions and futuristic scenarios of the potential sea level rise has to be kept in mind while framing the law.