Panel reviewing green laws for reducing role of inspectors

NEW DELHI, Nov 18:
A high-level committee formed to review green laws has recommended reduction of role of inspectors in approving plans and monitoring air and water pollution.
The panel formed in August this year, submitted its recommendation report to Environment Minister Prakash Javadekar today and said that they have suggested measures to preserve the environment but at the same time make development much easier.
Referring to the suggestions made by the committee as a “historic” achievement, Javadekar said that his ministry will complete its consultation process in the shortest possible time and will move ahead.
“We have tried to give some recommendations..In the air and water pollution areas, the accountability is low and the systems are not well in place. The processes are long.
“We have tried to reduce inspector raj, bring a system where the project proponents makes a commitment and they are enforced with the use of science and technology. So the environment improves and project processes also get improved,” Former Cabinet secretary and panel chief T S R Subramanian told reporters.
The panel had been asked to review five key green laws concerning protection and conservation of environment, forest, wildlife, water and air among others.
“The main recommendation and the thrust of the committee is to ensure that there are proper processes, amendments to the laws which will bring in more transparency and accountability, responsibility on the project proponents and avoid delays.
“At the same time the compliance will be at the heart of the thing. The suggestions and recommendations made by this committee is a historical achievement,” Javadekar said.
Elaborating on the broad goals of the panel, Subramanian said that environment is supreme and it should not get adversely affected.
“On the other hand, development is imperative as we need power, roads, etc. How to balance the two in such a manner that there is no damage the environment despite the development, has been our goal and hopefully we have succeeded in this regard,” he said.
The panel submitted its report within 70 days although it had till November end to do so. It travelled across the country and held discussions with various stakeholders and experts on these issues.
The panel has also proposed the establishment of a national laboratory which would be under the Environment Ministry as well as proposed an All India Environment Services.
“The third weakness we found was institutional weakness. We have made 3-4 recommendations including a proposed national laboratory under Environment Ministry and proposed All India Environment Service. A new law has also been proposed,” Subramanian said.
The panel which also included former Environment Ministry secretary Viswanath Anand, Justice (Retd) A K Srivastav and senior advocate of Supreme Court K N Bhat, reviewed the important green laws enacted between 1971 and 1986.
These laws include 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.
Asked about the lacunas which the panel found, he said that although the policies were good but implementation was not there and there were huge gaps in the legal framework.
“The registration of cases, investigations and prosecutions were not there. There was gap between pollution officials and police. We have covered all these gaps,” he said.
Elaborating about the measures for reduction of inspector raj, Subramanian said that presently there is hardly any monitoring and although some conditions are imposed, they are later forgotten.
“Then some inspector goes and local handling takes place. What we have recommended is that the project proponent now will say this is my technology, this is the amount of pollution envisaged under standards.
“We are not going to verify straightaway…We can do that when we find the need to do so. But generally it will be left there, we will give a conditional approval and the project proponent will give an affidavit.
“Where we find the gaps between what the proponent has promised and what it has done or we feel that there is deliberate misrepresentation..We have also proposed a new law which can take care of it,” he said. (PTI)

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