National Environment Protection Authority (NEPA) -Comments

At the outset, I would like to compliment the Hon'ble Minister for Environment & Forests, for putting the document in the public domain for comments & inputs.

Highlights in the Document

The document is frank enough to admit that there are gaps in the Institutional Mechanisms and implementation has not kept pace with the Legislative and Policy Evolution and the entire ambit of "Environmental Governance" needs to be reassessed.

It acknowledged that Judiciary has played a major role in matters related to enforcement of Environmental Laws. While this had a salutary impact, it has also brought into focus the weakness in the executive. Quite clearly while our Environmental Laws have been progressive, implementation by government agency has left much to be desired.

What has come out clearly that Government Agency ie MoEF, has failed to ensure Good Environmental Governance, by not ensuring the "Rule of Environmental Law" The Judiciary can only point out Bad Governance and highlight its adverse impacts, but it cannot bring in Good Governance.

Report of Parliamentary Standing Committee on S&T;E&F

The committee, in its 192 nd Report placed before the Parliament, expressed its anguish over the fact that the Central Pollution Control Board (CPCB) created for the purpose of control and abatement of pollution is being given such a raw deal so much so that it has virtually been reduced as a near defunct body.

If all the powers and functions were to be concentrated into the hands of the central Government/Ministry of Environment & Forests, the very need to have such an apex body is untenable. The Committee recommended that Environment Protection should be included as an item in the Seventh Schedule to The Constitution in the concurrent list and

Specific Comments

a)Basic Structure for effective Environmental Governance

i)Legislation and not Policy - To be the responsibility of MoEF

ii) Policy, Regulation, Monitoring and Enforcement to be the responsibility of the proposed NEPA

iii) Adjudication to be the responsibility of NGT

iv) Full -Fledged NEPA, subsumes CPCB and SPCBs

b) Key Principles for establishment of NEPA

While agreeing with the Key-Principles for establishment of NEPA stated in Item IV, the following are suggested:

i)Item 3- The method of appointment of Board Members and CEO should be clearly stated in the Parliament Legislation for creating NEPA .

ii)Item 5- The Polluter Pays Principle should be sensitive to Social Inequalities and Income Disparities, while being ruthless to the Corporate Polluters

c) Role of NEPA

While generally agreeing with what is stated under Item V, the main object of NEPA should be "To Protect, Improve and Safeguard Natural Environment-Air, Water, & Land- and to Protect Human Health". The NEPA should be independent and should exercise its executive functions outside MoEF. The environment protection should be included as an item in the Seventh Schedule to the Constitution in the concurrent list

d) Role MoEF and PCBs

The MoEF should confine its role to framing Legislation, related Parliamentary matters and executing centrally sponsored projects leaving all other aspects of Policy making, framing Acts, Making Rules, Coordination etc to NEPA

With the creation of an Independent and Full-fledged NEPA for effective enforcement of Environment Laws, there may not be a need to continue the top-heavy MoEF in its present farm and shape. This may be an opportune time to segregate Ministry of Forest from Environment which may be merged with Science and Technology, if its separate status cannot be justified

e) Options

The options 1, 3 & 4 are nothing but new vine in a new bottle with a cosmetic effect. The Option 2 alone some what resembles a real change and needs to go through a Sea -Change, before it is zeroed on

f) Why do we need another Institution?

Where is the question of having another Institution, when there is no suitable authority to comprehensively and effectively implement The Environment (Protection) Act, 1986, as admitted in Item II of the document?

We need an institution for providing "God Environmental Governance and Management", which is Transparent, Accountable, Sensitive, Responsive and involves the stake-holders in the decision making process.

Hope NEPA will be permitted to function the way it ought to and provide "Good Environmental Governance "which the country is in badly need off ?