हिंदी प्रेस विज्ञप्ति

The National Alliance for Climate and Ecological Justice (NACEJ), a pan-India initiative of the National Alliance of People’s Movements (NAPM) to address the climate crisis through an ecological and social justice approach, has submitted strong objections to the recent notifications issued by the Ministry of Environment, Forests and Climate Change (MoEF & CC) that prioritizes the ‘ease of doing business’ over critical environmental protection, public health and the rights of people and communities.

• Download Letter to MoEF & CC including list of signatories
• Annex 1 – Air Act Exemption Notification
• Annex 2 – Water Act Exemption Notification
• Annex 3 – Pre-legislative Consultation Policy

Through notifications G.S.R 702(E) and G.S.R 703(E) issued on 12th November 2024, the MoEF &CC exempted requirements of Consent to Establish and Consent to Operate as per the mandate of the Air (Prevention and Control of Pollution) Act 1974 and Water (Prevention and Control of Pollution) Act 1981 for:

• All industries having obtained an Environmental Clearance and
• 39 Industries, which are now classified as “White industries”

Such arbitrary notifications have far-reaching ramifications. NACEJ is of the view that MoEF & CC is:

1. Violating its own mandate when it considers the ‘ease of doing business’ more important than the long-term consequences for the environment and human health;
2. Undermining India’s commitments to reduce emissions intensity and meet its climate targets given to the UNFCCC.
3. Enabling arbitrary and unscientific exemptions, without proper assessment. Some of these industries like Fly Ash Brick manufacturing have well-documented adverse environmental and health impacts.
4. Overreaching its executive function by effectively amending the fundamental provisions of the Water Act and Air Act, and also violating federal principles.
5. Disregarding the requirements of the Pre-Legislative Consultation Policy (2014) of the Govt of India that mandate prior public consultation.

Having thoroughly analysed these notifications, NACEJ submitted the following objections:

1. Weakening Environmental Safeguards: The lifting of consent requirements for industries with environmental clearances directly contradicts the foundational objectives of the Air Act and Water Act, which were enacted to protect public health and ensure environmental safety and sustainability.
2. Neglect of Monitoring and Compliance Mechanisms: The drastic reduction in the requirements for the renewal of Consents to Operate and Consent to Establish eliminates the only routine check on industrial compliance.
3. Pollution from ‘white industries’: It is misleading and dangerous to categorize certain industries as “White Industries”. “Fly ash, a byproduct of coal combustion, contains toxic heavy metals such as arsenic, lead, and mercury. Improper handling and disposal of fly ash can result in severe air, water, and soil contamination, posing health hazards to local communities, both directly and through water and food chains.
4. Unauthorized Amendments to Fundamental Environmental Laws: The provisions under Section 25(1) of both the Water Act and the Air Act do not provide for industries to be blanketly exempt from obtaining Consent to Establish or Operate. The Ministry’s notifications represent a substantive amendment to these Acts, which can only be enacted through a formal legislative process.
5. Lack of Pre-consultation: The failure to follow due process, including pre-consultations with affected communities, experts, and civil society organizations, not only violates democratic norms but also bypasses the Pre-Legislative Consultation Policy (2014) of the Govt of India, critical for public input into policymaking.

In light of these objections, NACEJ demands:

• IMMEDIATE WITHDRAWAL of the Notifications G.S.R 702(E) and G.S.R 703(E) dated 12th November 2024 that seek to exempt industries from Consent to Operate and Consent to Establish requirements.
• DETAILED AND INDEPENDENT STUDY on the potential environmental, social, and economic impacts of exempting the 39 industries from obtaining Consent to Establish and Consent to Operate. This study should be made publicly available and subject to public scrutiny.
• UPHOLD THE ROLE OF SPCBs and their continued statutory responsibility to monitor industrial compliance with environmental standards, particularly in light of the weakening of consent requirements.

NACEJ members across India who are grassroots movement activists, ecologists, climate scientists, environmental researchers and lawyers hope that the Ministry of Environment, Forests and Climate Change will roll back these Notifications and prioritize safeguarding India’s environmental and public health, instead of diluting the enviro-legal regime, to facilitate ‘ease of doing business’, that runs contrary to interests of larger sections of people and the ecology.

Download this press release in English