Two years of NDA government have meant a mixed bag for environmental governance in India, according to a performance review by Delhi-based non-profit Centre for Science and Environment (CSE). In an analysis of decisions and measures taken by the Union Ministry of Environment, Forest and Climate Change (MoEF&CC), CSE has concluded that while there was commendable progress on pollution control and waste management, forest governance took on a more industry-centric approach and the Paris Agreement was a missed opportunity.
Some of the key trends that emerged in the review are as follows:
Report card: Environmental governance under two years of NDA government
The National Democratic Alliance (NDA) government led by Prime Minister Narendra Modi has made no significant departure in granting environmental or green clearances to key sectors from that followed by the United Progressive Alliance (UPA) regime.
In terms of forest clearances, the average rate of forestland diversion has reduced, according to a press release brought out by Delhi-based non-profit Centre for Science and Environment. Project clearances still continue to be low. However, the Centre has taken measures to make green clearances faster that are facilitative for the project proponent.
Focus on mining sector
The mining sector remains the focus for green clearances. For environmental clearance certificates granted at the central level in the first two years of the NDA’s term, more than 300 projects (new as well as expansion) combining coal and non-coal mining have been cleared.
Among these are 68 coal-mining projects with nearly 164.29 MTPA (million tonnes per annum) capacity. Non-coal clearances are dominated by projects for sand, bajri, stone and gravel mining, which account for about 190 clearances.
However, clearances given to coal-based thermal power plants have significantly reduced in the past two years. This is reflective of the stagnation in the industry, the press release says.
When it comes to forest clearances, the highest share of total forestland diversion is for mining projects. Out of about 47,473 hectares of land diverted (combining in-principle and final approvals), 29 per cent is for mining. This is followed by total diversion for the power sector (combining hydropower, wind, thermal and transmission lines), accounting for about 25.5 per cent.
The government has also granted considerable clearances for roads (also connecting roads) and highways, including projects in the coastal areas. About 150 projects have been cleared under this as per government categorisation.
“There is a trend of green clearances being made faster through incremental changes ‘easing’ the clearance process,” Chandra Bhushan, the deputy director general of CSE, said.
Four broad policy measures have been adopted in this regard.
“…the measures are all facilitative for the project proponent with practically no improvement for safeguarding environment or (the) livelihoods of local communities,” the CSE report reads.
Bhushan pointed out that “the government still misses out on the necessary reforms and measures that are required to improve the green clearance process for safeguarding (the) environment and community interests which are crucial for integrity of the clearance system”.
Decentralisation remains a problem
Decentralisation of clearances, as perceived and practised, also remains problematic. “It is primarily for clearing projects quickly while the capacity and accountability of the institutions entrusted with clearing more projects remain a major concern,” Sunita Narain, the director general of CSE, said.
While devolving power is an important consideration, it should only be done when environmental safeguards can be assured, the press release says. The capacity and accountability of the institutions entrusted with clearing more projects remain a concern.
Narain also thinks that “it is just shifting of bureaucratic responsibilities while people’s participation in resource management remains marginal. The marginal engagement of communities becomes more worrisome when we consider the case of public hearing”.
While public hearings have been undermined for years, there seems to be no improvement under the NDA government to reverse the course.
“Unfortunately, the government continues to walk in (the) path of the UPA for diluting public hearing requirements for expansion of coal projects,” Narain added. This is extremely problematic as public support and involvement is critically essential for improving the status of environment and forests.
The National Democratic Alliance (NDA) government has adopted several commendable measures to control air pollution and improve monitoring.
These include technology-based mechanisms and self-regulation for enforcing the regulatory provisions, the press release says.
Some important steps have been taken to deal with urban air pollution through a mix of policy tools, but they need a comprehensive action plan to realise their potential.
“Several positive measures with respect to pollution control and monitoring have been proposed which are commendable and suggest that the government is giving some due thought to this matter,” Chandra Bhushan, the deputy director general of Delhi-based non-profit Centre for Science and Environment, said.
Air pollution and transportation
The NDA has taken some crucial steps to deal with air pollution, the CSE analysis says. The implementation of the air quality index, leapfrogging to Euro 6 emissions standards in 2020 to lower the gap between emission standards for diesel and petrol cars and levying infrastructure cess on all cars on the sliding scale of pollution potential are significant ones.
“The government’s pro-activeness to extend LPG connections among the rural poor and households below the poverty line is another welcome move,” Anumita Roychowdhury, the head of the air pollution and clean transportation programme at CSE, said.
“The clean fuel option, if extended effectively, will significantly reduce indoor and outdoor air pollution in rural areas and improve the health of women folk.”
Ganga pollution
The government’s Namami Gange project for cleaning and rejuvenating the river Ganga has seen little action on the ground despite huge money outlay and plans.
“Despite big money for cleaning the Ganga, an outlay of Rs 20,000 crore for five years till 2019 and several promising plans, action on ground for cleaning and rejuvenating the river remains far from satisfactory,” Sushmita Sengupta, the deputy programme manager of the water programme team at CSE said.
The CSE analysis shows that so far the government has met only three points in its 13-point agenda for cleaning the river, which has only come through cleaning the river surface and ghats, creation of a Ganga task force and the creation of Ganga grams (model villages) along the main stem of the river.
Besides, all of the 21 proposals sanctioned since July 2014 for cleaning the Ganga (according to the National Mission for Clean Ganga) are yet to be implemented. A negligible amount of money has been spent till date on actual implementation.
Industrial pollution
The NDA government has taken significant measures to improve pollution standards and monitoring of various industrial sectors, the press release says.
The standards for coal-based thermal power plants have been made stringent. The standard on coal-based power sector has been revised after a decade and will have significant improvements in the country’s environment quality. A new notification has also been issued on fly ash utilisation. The Centre is also keen to reduce water pollution from industries.
Pollution standards have been tightened for many polluting sectors such as coal-based power plants and sugar. For others such as iron and steel, cement, pulp and paper and fertilisers the proposal is already in the pipeline.
A key example remains the continuous emissions monitoring systems. “If implemented properly, these measures will certainly make significant improvement for controlling pollution,” Bhushan said.
However, Bhushan considers that “the regulatory agencies must be simultaneously strengthened in terms of manpower, resources and competence, and made accountable to compliment technology”.
This is considering the fact that India has experimented for more than a decade with online monitoring technology without being successful in ensuring integrity of the system.
Realising the relationship between waste management and manufacturing, the Central government introduced the Construction and Demolition Waste Management Rules, 2016. It also revised existing waste management rules with a focus on ensuring compliance through incentivisation mechanisms and penalise non-compliance.
Management of solid waste
The Rules guiding solid waste management (SWM) have been revised after 16 years and is a significant improvement from the previous one both in terms of its applicability and management procedure.
Some of the key features of the 2016 SWM Rules are as follows:
The 2016 Rules have flagged some key issues such as source segregation, composting and formalization of informal sector. However, there remain certain factors that the Government must ensure for making the Rules effective:
Management of bio medical waste
The Bio Medical Waste (BMW) Management Rules, 2016, extends the scope of managing BMW wastes, and also puts a lot of emphasis on monitoring and compliance. Some of the key features of new Rules are as follows:
Management of electronic waste (e-waste)
The urgency for managing e-wastes came through the e-waste Rules in 2011. The revised 2016 Rules take into account some key issues that were earlier left out, and improve on various others.
Management of plastic waste
In lines with SWM management, the Rules regulating plastic wastes have also been revised. Key features of the Plastic Waste Management Rules, 2016 are as follows:
The new rules, though better than the earlier one, remain limited on some key aspects.
Management of hazardous waste
The new Hazardous and Other Wastes (Management & Transboundary Movement) Rules, 2016, attempt at ensuring safe and environmentally-responsible management of hazardous waste. Some key features of the Rules include:
However, there remain some salient concerns:
Management of construction and demolition waste
The first ever notification of the Construction and Demolition (C&D) Waste Management Rules happened in March 2016. The Rules include various provisions for recycling and reuse of C&D waste.
Some of the key provisions include:
The new C&D Rules is a much needed development of the hour, as the reuse potential of C&D waste is extremely high and it cannot enter sanitary landfills. A clear and stringent mechanism now needs to be set up for improved segregation, collection, treatment and processing of C&D waste. Also, emphasis should be laid on decentralizing collection and recycling for easy availability of the recycled products across the country. The local bodies must incentivize use of recycled products by lowering the cost and through public awareness.
Conclusion
CSE analysis shows that most of the Rules have been significantly improved from their earlier versions to address several challenges of the day with the C&D Rules being brought in for the first time. “Waste management has clearly emerged as a priority issue the Government wants to tackle. The waste management rules notified by the Central government covering the areas of solid, plastic, electronic, bio-medical, hazardous and construction and demolition (C&D) waste signal this” says Sunita Narain, director general of Centre for Science and Environment.
Some key improvements in revised rules include separating wastes at source for better treatment and management. It encourages reusing, recycling and expanding the scope of application of most rules. “The opportunity is there, therefore it must be ensured that these rules are properly implemented to fulfil their potential” says Narain. Apart from proper co-ordination between all stakeholders, including authorities, in the chain of processes, Narain also recommends formal integration of the informal sector.
Last year, Down To Earth analysis had suggested that the NDA government has not taken measures to strengthen environmental governance. The sentiment remains the same even after the government completed two years in office. While forests remain a key focus of the reform initiatives of the Centre, various initiatives proposed by the government limit the scope of addressing the issue of forest management comprehensively. “There is a suggestive trend of shifting from a people-centric approach towards a more industry-centric, technocratic and bureaucratic approach” says Chandra Bhushan, deputy director general of Centre for Science and Environment.
Providing incentives to high forested states
This is a welcome move as the revenue would be credited directly to the state’s accounts. Accordingly, states like Arunachal Pradesh, Madhya Pradesh Chhattisgarh, Maharashtra and Odisha with a relatively high share of dense and moderately dense forest cover will get rewarded with higher revenue shares.
However, the proposed incentives as of now, is based on dense forest cover in the various States. It leaves out other natural ecosystems such as wetlands and grasslands, which although lack tree cover, have huge ecological values. This shortcoming needs to be addressed. Also research should be carried out to create a state level inventory of total conservation value of all types of forests in the state – dense, moderately dense and open. Payments to states should be made on the basis of changes in the conservation values and not merely on the basis of dense forest cover.
Unlocking CAMPA funds
Unlocking the Compensatory Afforestation Fund (CAF) has been a key focus of the NDA Government. In April 2015, the Union Cabinet chaired by the Prime Minister cleared the CAF Bill, 2015. The corpus of the CAF at that time was Rs 38,000 crores. Currently, it stands at Rs 42000 crores, rising by about Rs 6,000 crores annually.
The Bill, after being reviewed by the department related PSC on Science & Technology, Environment & Forests, and taking into account some the Committee’s recommendations, was tabled in the Parliament on May 3, 2016 and passed by the Lok Sabha on the same day. The Bill now awaits the decision of the Rajya Sabha.
The CAF Bill 2015 (as passed by the Lok Sabha) mainly provides for-
However, the Bill as it stands has a number of shortcomings. Some key concerns include:
The money accrued in the CAMPA funds has huge potential to improve the quality of our forests, as well as the livelihoods of forest dwellers and forest dependent communities. However, as evident, the Bill needs to be improved from its current form. It must take into account the shortcomings as mentioned above, if we want to put an effective law in place for compensatory afforestation.
Participation of private sector in afforestation of degraded forests
The MoEF&CC in 2014 (F.No.7- 8/2014-FP, date not available) had issued guidelines enabling participation of private sector entities in carrying out afforestation of degraded forest. The proposal is to make available ‘degraded forests’ to different private agencies including industries requiring timber and other forest produce for their end use.
According to the guidelines, in the first (pilot) phase, degraded forests with forest cover not exceeding 10 per cent will be made available to industries for their use. State forest departments have been asked to identify 5000-10,000 ha of such forest areas for industries. From the area leased to industries, the industry can use 85-90 per cent to raise plantations, and 10-15 per cent is to be used to plant mixed species of use to the local community. After the pilot phase, the guidelines will be implemented nation-wide.
However, the proposed guidelines can have serious consequences if implemented:
This is not the first time that handing over of degraded forests to private entities has been proposed. But such proposals have not seen the light of the day, as they were opposed by community groups and the civil society. The current guidelines have not been implemented yet.
However, this is not the approach that should be adopted to improve productivity of our forests. Instead of handing over forest to private agencies, the Government should focus on strengthening farm and social forestry. This in turn has huge potential to strengthen the agriculture sector as well as to create jobs in the rural areas. That will be a sustainable way to manage our forests, simply handing it away to the private sector is not.
In general, any proposed reform should capture the perspective of both ecology and people’s livelihood. Only by addressing this in totality we can ensure the protection of forests.
Notifying eco-sensitive zones gets a push
The guidelines for constitution of Eco-Sensitive Zones (ESZ) around National Parks (NP) and Wildlife Sanctuaries (WS) were issued by the union environment ministry through an Office Memorandum of February 9, 2011. However, actions did not happen as expected on part of various states, and the Ministry on February 15, 2013, gave a deadline of May 15, 2013, for declaration of the ESZs. But still, most states remained lax.
The NDA government, however, has given a big push to the matter. A total of 491 proposals have been received by the ministry (as per Lok Sabha unstarred question no. 1422 dt. 3.5.2016). Of these, draft notifications have been issued for 187 proposals and 33 have been notified.
Conclusion
A major effort of the Central government remains unlocking the CAF, the corpus of which currently stands at Rs 42,000 crore. The potential of this money remains enormous for improving the state of forests as well as the livelihoods of forest dependent communities if used through proper planning and accountability. However, the draft Bill has several limitations, shows CSE analysis on the matter.
It does not have any scope for participation of local communities. Similarly, the Centre has also been contemplating the engagement of private sector in carrying out afforestation of degraded forests for industrial use. Though the proposal still remains under consideration, but the thought is in line with the industry-centric approach.
Proposed measures of forest conservation and management are also focused on increasing forest cover, without giving equal emphasis on improving biodiversity and productivity of forests, which are important if quality of forest is to be considered. It also does not ensure forest benefits to local communities, notes the CSE analysis. “These approaches, if continued with, will neither ensure the overall improvement of the quality of our forests, nor their sustainable use by people” considers Bhushan. “Any proposed reform must capture the perspective of both ecology and people’s livelihoods,” he says.
The Narendra Modi-led National Democratic Alliance (NDA) government’s climate change policy over the last two years has been a “mixed-bag”, New Delhi-based public research and advocacy think tank, Centre for Science and Environment (CSE) has stated.
CSE made the comments in a report that it recently released, where it reviewed the performance of the NDA government at the end of its two years in office on measures of environmental governance, particularly as undertaken by the Ministry of Environment, Forest and Climate Change (MoEF&CC). These include green clearances, pollution control and monitoring, waste management, proposed reforms with respect to forest governance and climate change.
“The government’s renewed emphasis on climate change gives a mixed bag of hope about the issue,” Chandra Bhushan, Deputy Director General of CSE said in the report. “While the Paris deal remains a lost opportunity, negotiations in amending the Montreal Protocol to phase down hydrofluorocarbons (HFCs) remains a matter to be tested in the government’s success to bypass industry interests who are keen to sell hydrofluoroolefin (HFO)- an intermediate synthetic chemical,” he added.
Elaborating on the Paris Agreement, he said, “The Climate Change Conference (COP 21) held in December 2015 in Paris, has been largely a lost opportunity. The Agreement largely remained an ‘agreement’ of the big polluters, where no targets have been set on countries to cut emissions. On the other hand, India lost the opportunity to exert the right of development of the world’s poor. Similar frustration remains with respect to terms such as ‘equity’, ‘common but differentiated responsibility’ (CBDR) and ‘climate justice and sustainable lifestyles and consumption’, as there is no elaboration on how these terms will be operationalised. Many of these are only mentioned in the ‘preamble’ and not in the operational part of the Agreement.”
The CSE report also talked about the NDA government’s new agricultural insurance scheme- the Pradhan Mantri Fasal Bima Yojana (PMFBY) released in February this year. The crop insurance scheme, CSE noted, was an “important move” by the government and a “welcome step”. However, there were some concerns about its implementation. These included the fact that the insurance unit still remained at the gram panchayat/block level and not at individual farm level and the premium would be deducted from the loan amount of the loanee farmers. Also, the scheme would not be very effective in addressing farmer concerns in distressed areas which have faced crop losses due to calamities in successive years like Marathwada and Bundelkhand. In these areas, the historical average yield and indemnity level as factored in would be very low.