Prakash Kamat
Panaji,July 22-A group of anguished lawyers from Goa and across the country have written a letter to the Member Secretary and Committee Members of the Central Empowered Committee(CEC) constituted by the Supreme Court of India raising their serious concerns and questions with respect to the unfathomable decisions made by the Ministry of Environment, Forests and Climate Change (MoEF&CC) during the 57th meeting of the Standing Committee of the National Board for Wild Life(NBWL) on 07th April, 2020.
The seven-page letter elucidates detailed illegalities and contradictions in each of the three projects in detail. It points out to the fact that despite the lack of scrutiny by the State Wildlife Advisory Boards and pending queries that were raised by the Regional Office of the MoEFC, the clearances were accorded.
“It would be perverse to the principle of natural justice, if we collectively did not display our discomfort and distress to the highly insensitive and unjust decisions taken at the cost of our natural wealth, of which each of us are stakeholders. It is even more distressing that such clearances are granted by the very authorities appointed to protect our environment and wildlife,”the letter stated.
The letter also cites the June 11, 2020 order of the Manipur High Court which attributes the spread of zoonotic diseases such as Covid-19 to deforestation and destruction of wildlife habitat. It also highlights the possibilities of many such zoonotic diseases to follow, if preemptive steps are not taken to restore country's forest cover.
“The very intention of the CEC is to conduct detailed enquires and submit a report to enforce the Supreme Court's order wherever there is non-compliance. As recently as 8th July, 2020, the CEC acted on a complaint about illegal construction in the wildlife corridors of Kaziranga National Park. They not only found violations of SCuoreme Court orders but the CEC sought a detailed response from the Chief Wildlife Warden of Assam. Thus, CEC is an inquisitorial system as opposed to an adversarial system" stated, signatory and lawyer Adv. Sreeja Chakraborty.
Goa-based lawyer and signatory to the letter, Adv. Malisa Simoes noted,"It is now becoming increasingly apparent that the Government is out to sell our highly protected and Eco-Sensitive areas lock, stock and barrel, to the highest bidder. It is expected for a democratic and transparent Government to work in the interest of sustainable development and its people. These hastily approved linear projects were unnecessary, is not in the larger interest of the people and bypasses and violates many procedures laid down by law. This ruthless misbehaviour displayed by the Government and MoEF&CC is being watched very closely and rest assured that such brazen destruction will be fought tooth and nail.”
Questioning several decisions taken by the MoEFCC, in the letter, lawyers also stated that the highly controversial 57th meeting of the Standing Committee was held midst of an international pandemic and a national lockdown, when the statutory right to appeal was suspended due to the pandemic. They further added, “Such a meeting was convened in the midst of an international pandemic and a national lockdown is downrightly unacceptable and a complete mockery of the legal processes, it is a blatant and deliberate violation of Section 29 and 35(6) of the Wildlife Protection Act, 1972.”
"When considering linear projects within protected areas, the Standing Committee of the NBWL is necessarily required to record reasons of public interest and unavoidability," opined, signatory and young legal professional Ms. Shreya Padukone who is working in the field of animal law.
Adv. Sharan Balakrishna, an environmental lawyer based in Delhi endorsed the letter and echoed similar concerns. She says, “Contrary to what the actions of the Standing Committee show, the statutory purpose of the NBWL is not to siphon off protected areas. As per the Wild Life Protection Act from where the NBWL derives its authority, the NBWL can only carry out measures to promote the conservation and development of wildlife and forests. These decisions clearly do not satisfy that requirement and are a devastating blow to the environmental rule of law in the country,”the letter stated.
The letter was also sent to the Union Environment Minister, Chief Minister and Governor of Goa, Members of the National Board for Wildlife, Secretaries from four different Ministries, Chief Wildlife Warden of Goa, Chief Engineer of the Public Works Department, Goa Tamnar Project and Rail Vikas Nigam Limited.
The letter urges the CEC to take serious cognisance of the facts and figures related to the destructive, unlawful and unsustainable methods of development and forthwith recommended the withdrawal of the three linear projects in toto.
This is the not the first time citizens from Goa and across the country have written to the CEC opposing the clearances, despite the current pandemic crises. Over 150 researchers and allied professionals have previously written to the Ministry expressing their concerns and objections, 224 local business owners, chefs, architects and publishers also wrote to the Union Ministry of Environment and Forests, 150 tourism stakeholders also wrote to the CEC expressing their concerns.(eom)
Panaji,July 22-A group of anguished lawyers from Goa and across the country have written a letter to the Member Secretary and Committee Members of the Central Empowered Committee(CEC) constituted by the Supreme Court of India raising their serious concerns and questions with respect to the unfathomable decisions made by the Ministry of Environment, Forests and Climate Change (MoEF&CC) during the 57th meeting of the Standing Committee of the National Board for Wild Life(NBWL) on 07th April, 2020.
The seven-page letter elucidates detailed illegalities and contradictions in each of the three projects in detail. It points out to the fact that despite the lack of scrutiny by the State Wildlife Advisory Boards and pending queries that were raised by the Regional Office of the MoEFC, the clearances were accorded.
“It would be perverse to the principle of natural justice, if we collectively did not display our discomfort and distress to the highly insensitive and unjust decisions taken at the cost of our natural wealth, of which each of us are stakeholders. It is even more distressing that such clearances are granted by the very authorities appointed to protect our environment and wildlife,”the letter stated.
The letter also cites the June 11, 2020 order of the Manipur High Court which attributes the spread of zoonotic diseases such as Covid-19 to deforestation and destruction of wildlife habitat. It also highlights the possibilities of many such zoonotic diseases to follow, if preemptive steps are not taken to restore country's forest cover.
“The very intention of the CEC is to conduct detailed enquires and submit a report to enforce the Supreme Court's order wherever there is non-compliance. As recently as 8th July, 2020, the CEC acted on a complaint about illegal construction in the wildlife corridors of Kaziranga National Park. They not only found violations of SCuoreme Court orders but the CEC sought a detailed response from the Chief Wildlife Warden of Assam. Thus, CEC is an inquisitorial system as opposed to an adversarial system" stated, signatory and lawyer Adv. Sreeja Chakraborty.
Goa-based lawyer and signatory to the letter, Adv. Malisa Simoes noted,"It is now becoming increasingly apparent that the Government is out to sell our highly protected and Eco-Sensitive areas lock, stock and barrel, to the highest bidder. It is expected for a democratic and transparent Government to work in the interest of sustainable development and its people. These hastily approved linear projects were unnecessary, is not in the larger interest of the people and bypasses and violates many procedures laid down by law. This ruthless misbehaviour displayed by the Government and MoEF&CC is being watched very closely and rest assured that such brazen destruction will be fought tooth and nail.”
Questioning several decisions taken by the MoEFCC, in the letter, lawyers also stated that the highly controversial 57th meeting of the Standing Committee was held midst of an international pandemic and a national lockdown, when the statutory right to appeal was suspended due to the pandemic. They further added, “Such a meeting was convened in the midst of an international pandemic and a national lockdown is downrightly unacceptable and a complete mockery of the legal processes, it is a blatant and deliberate violation of Section 29 and 35(6) of the Wildlife Protection Act, 1972.”
"When considering linear projects within protected areas, the Standing Committee of the NBWL is necessarily required to record reasons of public interest and unavoidability," opined, signatory and young legal professional Ms. Shreya Padukone who is working in the field of animal law.
Adv. Sharan Balakrishna, an environmental lawyer based in Delhi endorsed the letter and echoed similar concerns. She says, “Contrary to what the actions of the Standing Committee show, the statutory purpose of the NBWL is not to siphon off protected areas. As per the Wild Life Protection Act from where the NBWL derives its authority, the NBWL can only carry out measures to promote the conservation and development of wildlife and forests. These decisions clearly do not satisfy that requirement and are a devastating blow to the environmental rule of law in the country,”the letter stated.
The letter was also sent to the Union Environment Minister, Chief Minister and Governor of Goa, Members of the National Board for Wildlife, Secretaries from four different Ministries, Chief Wildlife Warden of Goa, Chief Engineer of the Public Works Department, Goa Tamnar Project and Rail Vikas Nigam Limited.
The letter urges the CEC to take serious cognisance of the facts and figures related to the destructive, unlawful and unsustainable methods of development and forthwith recommended the withdrawal of the three linear projects in toto.
This is the not the first time citizens from Goa and across the country have written to the CEC opposing the clearances, despite the current pandemic crises. Over 150 researchers and allied professionals have previously written to the Ministry expressing their concerns and objections, 224 local business owners, chefs, architects and publishers also wrote to the Union Ministry of Environment and Forests, 150 tourism stakeholders also wrote to the CEC expressing their concerns.(eom)
No comments:
Post a Comment