Right to Participate in Environmental Decision … to...Right to Participate in Environmental Decision Making Process in India: Legal Dimensions Dr.MadhuriParikh, Associate professor,

Right to Participate in Environmental Decision Making

Process in India: Legal DimensionsDr.Madhuri Parikh,

Associate professor, Institute of Law Nirma University

India

The Objective of the Study

• The objective of the study is to analyse the legal provisions and itsimplantation related to right of the people to participate inenvironmental decision making process. It explores and analysethe process for effective participation and study the challenges. Italso suggests the remedial measures for its effectiveimplementation.

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Methodology

• The Present paper is a doctrinal study. The nature of the researchis exploratory, analytical and remedial in nature. The primarysources of the data are the laws, judgments of the Supreme Courtof India and National Green Tribunal. The secondary sources ofdata are case studies, articles and reports. The conclusions aredrawn based on the analysis of the primary and secondary data.The study is limited to the right of the people to participate inenvironmental decision process in India only and the majorenvironment related laws.

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Findings

• The legal framework related to right to participate inenvironmental decision making process and its implementationare needed to be strengthened in India. The people should beeducated about their rights. The interventions by the State isrequired for its effective implementations.

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Overview of the presentation

• The Need for Public Participation in Decision-Making Process.• Right to Participate in Environmental Decision Making Process:

Legal Dimensions• Legal and policy framework• The Role of the Government and Judiciary• The issues and challenges• Conclusion and Suggestions

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Legal Framework

• Land Acquisition Act, 2013• Constitutional Provisions• Notification of Environment Impact Analysis, 2006• Forest Rights Act,2006

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Analysis and conclusions

• The legal framework that exists for people’s right to participate indecision making process does exist in India which provides directparticipation and indirect i.e representative participation.• The major challenges for effective participation of people are as

follows:1. The expansion of the principle of locus standi and its liberalinterpretation by the Supreme Court has promoted many socialaction litigations and helped in securing environmental justice tothe communities.

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Cont…

2.The scope for public participation in EIA notification is restricted only to the last stage of the process. At the time of scoping and fixing the terms of reference the people should be consulted.3.The analysis of the pattern of the public participation and its success indicates that in the majority of the cases the interventions of NGOs’ or social activist group’s intervention has played major role in promoting the participation of people. In the matter related to Vedanta Bauxite mining proposed project, Plachimada case, Alaknanda Hydro Power Company V. Anuj Joshi (2014)1 SCC 769 etc.

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4.The impact analysis made is not the comprehensive one. It fails toprovide true information of the year round impact of the projects.Many times in past the fake EIA had been submitted by the projectproponents in India. The cumulative impact assessment of anyproject is equally required to provide complete information aboutthe impact of the project. These are the problems in securing rightto access complete information.5.The access to justice is another requirement for the effectiveimplementation of right to participate in decision making process.The establishment of National Green Tribunal has resolved thisproblem up to some extent.

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6.The conflict of interest of the State and citizens can also restrictthe effective participation of the people. Particularly in thedeveloping countries like India, the economic development isessential for the State.• In such cases the communities and the government have opposite

preferences and the communities’ interest is generally ignored.• The state as a trustee of the resources should try to envisage the

long term and overall impact of any developmental activities andthe interest of all groups and protection of the resources. It is theState which should try to promote the participation of people indecision making process.

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Cont…

7.The school curriculum should include the training to be imparted Iits curriculum regarding the importance of people’s right toparticipate in decision making process and how to secure this as perlaw.8.In India, the poverty and illiteracy are also major causes of lack ofeffective participation. The analysis of most of the projects locatedin tribal areas. The tribal and forest dwelling communities havebetter knowledge to protect the resources abut they lack effectiverepresentation. Proper education and free legal aid can help themin participation in decision making process.

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THANK YOU

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