Sep 03 2014 : The Economic Times (Delhi)
Govt Sets up Committee to Look into Green Laws
New Delhi:
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It has been tasked with drafting proposed amendments to five environment laws
The environment ministry has set up a committee headed by former cabinet secretary TSR Subramanian to review environment-related laws and statutes even as it marked the Narendra Modi government's 100 days in power.In an order issued on Friday, the ministry has specifically listed five laws -the 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 -for the committee to look into and suggest amendments to ensure that these laws meet their objectives.
Besides Subramanian, the committee includes former environment secretary Viswanath Anand, retired Delhi High Court judge Justice AK Srivastav and former additional solicitor general of India KN Bhat. It has two months to review the laws and recommend amendments.
The ministry has also asked the committee to suggest amendments to the existing laws to reflect the various court orders and judicial pronouncements that relate to these laws.
One such judicial pronouncement is the Supreme Court order in the TN Godavarman Thirumulpad case--the July 2011 judgment on the LaFarge Umium Mining case. In this context, the constitution of an independent environmental regulator will be one of the issues that the committee will have to consider.
In the LaFarge Umium Mining case, the court had asked the government to set up an independent environment regulator for appraising projects, enforcing environmental conditions for approvals and imposing penalties on polluters.
Despite the fact that a blueprint for a regulator had been prepared by the then environment minister Jairam Ramesh, there was no effort by the government to set it up after Ramesh was moved to the rural development ministry.
Subsequently in January 2014, the court had asked the ministry to set up the regulator by March 31.
Another issue that will arise in reflecting judicial pronouncements in the green laws is the Supreme Court orders relating to the sequencing of forest and environment clearances.
Amendments to the Wildlife (Protection) Act, 1976 to ensure that it is line with India's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is pending in the Rajya Sabha. This too will be reviewed.
Increasing penalties for violations of environmental laws is expected to be among the issues that the committee will address.
The committee has been asked to draft proposed amendments to the five laws so as to ensure that the laws fulfil the objectives with which these were enacted.
Meanwhile, marking 100 days in office, environment minister Prakash Javadekar said on Tuesday that he had been able to rid his ministry of the `roadblock ministry' nickname it had earned for itself over the past decade. “This ministry had become notorious as a place where everything would get stalled,“ he said.
“Avenues for corruption and discretion have been plugged,“ the minister added, referring to the online submission for clearances. Javadekar also stressed on the efforts made to decentralise the clearance process by increasing the threshold of projects being considered by state governments from 15 hectares to 40 hectares.
Besides Subramanian, the committee includes former environment secretary Viswanath Anand, retired Delhi High Court judge Justice AK Srivastav and former additional solicitor general of India KN Bhat. It has two months to review the laws and recommend amendments.
The ministry has also asked the committee to suggest amendments to the existing laws to reflect the various court orders and judicial pronouncements that relate to these laws.
One such judicial pronouncement is the Supreme Court order in the TN Godavarman Thirumulpad case--the July 2011 judgment on the LaFarge Umium Mining case. In this context, the constitution of an independent environmental regulator will be one of the issues that the committee will have to consider.
In the LaFarge Umium Mining case, the court had asked the government to set up an independent environment regulator for appraising projects, enforcing environmental conditions for approvals and imposing penalties on polluters.
Despite the fact that a blueprint for a regulator had been prepared by the then environment minister Jairam Ramesh, there was no effort by the government to set it up after Ramesh was moved to the rural development ministry.
Subsequently in January 2014, the court had asked the ministry to set up the regulator by March 31.
Another issue that will arise in reflecting judicial pronouncements in the green laws is the Supreme Court orders relating to the sequencing of forest and environment clearances.
Amendments to the Wildlife (Protection) Act, 1976 to ensure that it is line with India's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is pending in the Rajya Sabha. This too will be reviewed.
Increasing penalties for violations of environmental laws is expected to be among the issues that the committee will address.
The committee has been asked to draft proposed amendments to the five laws so as to ensure that the laws fulfil the objectives with which these were enacted.
Meanwhile, marking 100 days in office, environment minister Prakash Javadekar said on Tuesday that he had been able to rid his ministry of the `roadblock ministry' nickname it had earned for itself over the past decade. “This ministry had become notorious as a place where everything would get stalled,“ he said.
“Avenues for corruption and discretion have been plugged,“ the minister added, referring to the online submission for clearances. Javadekar also stressed on the efforts made to decentralise the clearance process by increasing the threshold of projects being considered by state governments from 15 hectares to 40 hectares.
