Thursday, August 27, 2020

'Hum agar uthhe nahin toh'… campaign to unite voices against the targeted attacks on the Constitutional rights of the marginalised

Prakash Kamat

Panaji, August 27-The Women’s groups, LGBTQIA communities and human rights organisations across the country are organising a day of resistance on September 5, 2020 to safeguard the Indian Constitution and its values. 

The Hum agar uthhe nahin toh…  Hum agar uthhe nahin toh …

हम अगर उट्ठे नहीं तो ..

if we do not rise … campaign is aimed at uniting voices against the targeted attacks on the Constitutional rights of the people of India,say organizers. The press release of the organisers,inter alia, says:

India’s democracy and Constitution are facing an unprecedented crisis. The last few years have seen a collapse of democratic institutions in the country. The independence of the judiciary and other institutions of oversight has come under a severe strain. The lack of transparency in election funding with the system of Electoral Bonds,dilution of the Right to Information Act has hit at the fundamental democratic right of citizens to question the government and hold it accountable are issues of concern.

The growth of fascist and neo-liberal forces in the country, and the resulting rise in violence in society, has deeply impacted the lives of women and members of the LGBTQIA communities. Attacks on minorities have created an atmosphere of fear and insecurity. The country has witnessed a systematic attempt to spread communal hatred and divide people on religious lines. The Citizenship Amendment Act (CAA) pushed through,together with the NRC and NPR, destroys the secular fabric of India’s Constitution by making religion a basis for giving Indian citizenship. People all over India rose up in a unique, women led movement to protect the Constitution. Unfortunately, targeted communal violence was unleashed in response to the movement. Instead of arresting leaders who made hate speeches inciting violence, the women and people who worked for unity, peace and the Constitution are being arrested and incarcerated.

In August last year, the Government abrogated Article 370 and scrapping the statehood of Jammu & Kashmir. The internet has not been restored even one year on; there is a complete clampdown on speech and democracy, and Kashmiri political prisoners are incarcerated in jails without trial, and even former Chief Ministers are being held in house arrest. More recently, the Government has amended the region’s domicile law.

The last few years, have witnessed a frontal attack on the freedom of expression guaranteed by the Constitution – the right to dress, speak, write, eat and choose – which has impacted women and the LGBTQIA communities,disproportionately.

Voices of dissent have been systematically silenced and labelled anti-national.There has been a steady deterioration in the rule of law with alarming cases of police excesses, including custodial deaths.

Neo-liberal economic policies and growing crony capitalism have adversely impacted women in general, but especially those who belong to the Dalit, Adivasi and other marginalised communities. Their fragile economic base has been devastated.

The COVID 19 crisis and consequent unplanned and harsh lockdown imposed to combat the pandemic resulted in economic devastation and destitution for millions of working poor in the country. India’s economy was already struggling to recover from the demonetisation disaster, which had resulted in the worst unemployment in 45 years. The lockdown has pushed this crisis of joblessness to catastrophic proportions, creating widespread hunger and destitution. Informal sector workers, a large section of whom are women, have had their livelihood destroyed. Sex workers, vulnerable even in “normal” times, now face disaster. Micro Finance Institutions are forcibly extorting repayment of loans from women SHG members during the pandemic. The crisis has exposed the dismal state of the country’s public health system.

The lockdown has been turned into an opportunity to dilute and destroy laws protecting hard won workers’ rights. At a time when the pandemic prevents people from protesting in large numbers, the Government is busy privatising public sector units that belong to India’s people, and seeking to destroy the Environmental Impact Assessmemt and at the same time proposing adverse changes to agrarian policies.

Gender based violence and caste based atrocities against Dalits have risen sharply during the lockdown. Violence against women is increasing. Regressive laws like the Transgender Persons (Protection of Rights) Act have adversely impacted the rights of LGBTQIA persons. There have also been several moves to dilute SC/ST/OBC reservations, the SC/ST Prevention of Atrocities Act and laws to protect women. Suspension of Rules of PC-PNDT Act in the name of mitigating COVID19 shows the anti-women attitude of the Government.

Women and LGBTQIA persons have been at the forefront of the movement to save India’s Constitution. Today, again, we are here with a wake-up call to the people of India: stand up, speak up against the onslaught on peoples’ rights.

To join the Hum agar uthhe nahin toh… campaign, the groups organising the campaign have urged the people to undertake any of the following activities related to the issues mentioned above:

·   Make videos of 2-5 minutes and share with us and on social media platforms

·   Do Facebook lives

·   Create posters, animation, memes, songs and performances for circulation on the social media

·   While observing physical distancing norms, gather in small groups of 5-10 people with placards and post pictures on social media

·   Give memoranda to local authorities.

"Let us unite and come together to defend our Constitution and our democracy. Let us stand up for each and every citizen who is victimised for speaking the truth and defending the vulnerable. We invite you to be co-travellers in this journey,"say groups who have joined hands for this movement.(eom)

Wednesday, August 26, 2020

BOMBAY HIGH COURT AT GOA TAKES UP PETITION ON DISTRICT MINERAL FOUNDATION FUNCTIONING

Prakash Kamat

Panaji,August 26- A division bench comprising Justice M.S. Sonak and Justice Dama Seshadri Naidu passed an order on Tuesday directing all parties to file an affidavit in respond to a PIL filed by Sudesh Narayan Gaonkar of Velguem and Nilesh Harishcnadra Velip of Collem, together with the Goa Foundation, drawing the Court’s notice to the non-functioning of the two District Mineral Foundations.

Both Sudesh Gaonkar and Nilesh Velip are from mining affected villages. Their associations have filed detailed proposals for improvement of their village assets (including water resources and agricultural fields). There has been no response from the DMF to the proposals.

The PIL writ petition states that both DMFs have accumulated funds to the tune of approximately Rs.90 crore each. These are spending funds. They must be spent for the welfare of people affected by mining in mining talukas.

The PIL also states that more than 40 proposals have been received for financial support including for rehabilitation of productive assets like irrigation sources and paddy fields by one DMF alone. However, despite the conditions of distress in the mining belt due to non-start of mining, the two DMFs have simply abandoned their statutory responsibilities and the applications remain pending.

It appears that the Goa government is only desirous of returning mining leases to illegal miners but is wholly unwilling to invest any time and effort in the rehabilitation of productive assets damaged by past mining activity, despite adequate funds being available.

Worse, without even attending to these primary objectives for which the DMFs were set up, there is now a proposal to divert upto 30% of DMF funds for Covid19 relief in the state. The persons for whom DMF Funds have been set aside by Parliament have suffered the ill-effects of mining activity for more than two decades, when compared with the Covid19 epidemic of just 6 months’ duration. Such diversion of DMF funds is not only contrary to law, but is immoral. The petition has challenged the legality of the circular issued by the Ministry of Mines, recommending such diversion of funds.

The PIL has also demanded an exclusive website for achieving total transparency relating to DMF functioning.(eom)

Wednesday, August 19, 2020

NGT rejects findings of Goa Government report on forests:Govt loses Rs.2.11 croes in the process.

 Prakash Kamat

Panaji,August 20-The National Green Tribunal(NGT) on Tuesday day passed a 24 page judgement bringing down the curtains on a petition filed by the Goa Foundation,Goa-based green NGO for finalization of the reports of Sawant and Karapurkar Committees in connection with identification of private forests in the State. 

The Sawant and Karapurkar Committee (S&K) reports, identifying forests on private lands including comunidades, were completed by 2002 and submitted to the Goa government, following a direction given by the Supreme Court of India on 12.12.1996. Both Committees identified a total of 67.12 sq km of private forests in the state. (The reports of two more committees are still to be finalized by the Goa government, but these are not part of this petition).

In 2003, the Goa Foundation moved a petition before the Bombay High Court for demarcation of these forests on the ground, since some of the survey numbers were only partly having forest as per the reports. Pursuant to this petition, the Forest Department undertook physical inspection and demarcation of the identified forest patches. However, its demarcation report produced in 2008 reduced the private forests identified by the S&K reports to 41.20 Sq km. Huge plots belonging to some major reality firms were found excluded from the definition of forest.

The Goa Foundation challenged this reduction of the private forest area via a writ petition. The petition was transferred by the Bombay High Court at Goa to the NGT in 2013.

In the meanwhile, in another forest matter disposed of by the NGT, the Goa Foundation, in 2015, moved the Supreme Court and obtained an interim injunction against conversion of any green or wooded area in Goa with a canopy density of 10% and above, having area of 1 ha and above. That stay is continuing till date.

In 2016, the NGT directed setting up of a review committee which would survey the disputed areas and submit a report. This committee, headed by Ms Deepshikha Sharma, IFS and Deputy Conservator (Working Plan), was set up only in 2018. The Sharma Committee examined the S&K reports, and identified, besides the 41.20 Sq km demarcated by the Forest Department, an additional area of 4.91 sq km. Thus the forest area stood at 46.11 sq km.

The Sharma Committee submitted its report on 21.6.2019. Government of Goa did not accept it. The Goa government appointed instead one more committee headed by Anthony D’Souza, Joint Secretary, Revenue. The D’Souza Committee was directed to review the work of the Sharma Committee. Later it was asked to review only the 4.91 sq km additional forest identified by the Sharma Committee.

The NGT had directed the final forest report to be deposited with it by 1.7.2019. However, because of the appointment of the D’Souza Committee, the Goa government was forced to pay Rs.1 crore performance guarantee, Rs.50 lakh as penalty, and Rs.61 lakh additional fines @Rs.10,000 per day (for every day of delay in filing the final report).

The D’Souza Committee excluded only 1.04 sq km from the Sharma Committee report of 4.91 sq km additional area.

The NGT judgement passed yesterday has refused to accept the D’Souza Committee report. It has accepted Goa Foundation’s plea to approve the area of 46.11 sq km as the final area of private forest as per the S&K reports. 

" It thus appears that the entire amount of public money amounting to Rs.2 crore 11 lakh has been a costly error on the part of the Goa government. All that money has gone to the Central Pollution Control Board which has no connection with Goa, even while the Goa government is selling securities for cash to pay its employees,"said Claude Alvares,Director,Goa Foundation commenting on the judgement.

The Goa Foundation pursued these forestry cases from 1999 till 2020, a total of 21 years. The NGT has directed the Goa government to pay the Goa Foundation the costs of the litigation.(eom)

Hema sings Goan Anthem of unity to uplift spirit of Goans in trying times

Prakash Kamat

Panaji,August 19- https://youtu.be/1axEu_E9R4M

Oh Goenkara Sangathan Chol Mukhar...

Sung by Goa's own Hemaa Sardesai, the International Diva, this pure unity anthem sings of unity through diversity, selfless service, and the need to treasure the beauty of the flora and fauna of Goa.

How this came to being....

It started with a small observation by Gina Pereira during her quest to bring back Goan seafarers through the COVID-19 pandemic. She noticed that many groups and individuals were voicing out their opinions for different causes such as mining, mollem, roads, fields etc all in their separate voices but their common goal was, love of Goa.

Gina Pereira took this to heart and approached Roshan Mathias, a well known social activist and executive member of the NGO Goencho Avaaz, who in turn directed her to Ryan Mathias, an avid musician, talented music producer and director of wonderworld festivals.It took over eight hours of conversation where he shared his non bias political and religious inputs in the song, jotted down the lyrics and then concluded at a common point of interest.

Ryan wasted no time in getting his creative cap on and with the help of Aeral Paul Fernandes, a famous lyricist and song writer, the lyrics came to being. The concerns in this anthem song mentioned are of the Eco system / heritage / culture / brotherhood / for our generations with the primary message being to unify everyone. 

The Lyrics were now waiting for the right voice to come along and breathe life and this was fulfilled by Goa's loved, Hema Sardesai, who has also worked hard since the lockdown to bring Seafarers safely to Goa, and has also worked relentlessly on helping to save or heal and uplift the energies of Goans and many an animal in distress. 

When Hema was presented with the Lyrics she felt the immediate intense connection to her life long dream. The words fit her into thoughts like a glove. All her life she has worked selflessly for unity and oneness in Goa, and this anthem was the perfect heartful opportunity that presented itself. 

This got Ryan and his wonderworld festivals team into action, despite challenges during covid considering various artists were invited who believed in this message of unity, Goan leaders of many organizations and their groups along with many like minded people to be filmed at various locations both north and south Goa in the lashing rains while also maintaining health and safety guidelines

The co ordination was a mammoth effort, however everyone who believed in the song contributed with great zeal and within the stipulated deadlines as the plan was to launch the song on World Goa day 20:8:20 while also coincidentally in sync with the maiden flight sending stranded UK Goans back to London while also being a turnaround flight that is also bringing stranded goans back to goa from London that Gina Pereira & Jude, UK team have tirelessly worked on to get the approvals and make a success.

May this beautiful perfectly befitting Goan anthem in association with Gina Pereira and Wonderworld festivals, ring out oneness, love and respect with belongingness for each other in every loving Goan heart. 

"And we hope this truest Goan musical call will be heard by all and will be sung, enjoyed and experienced by everyone,"says Hema.(eom)

Saturday, August 15, 2020

Fr. Patrick De Melo, SJ was a man of few but deep and well thought out words

Prakash Kamat,Panaji Goa.

Fr. Merwin D’Souza SJ, Province Development Director of the Goa Jesuit Province,Panaji Goa  sent to me an article written by Fr. Agnelo Mascarenhas SJ about Fr. Patrick De Melo SJ who passed away on 14th August, 2020. 

 

(Fr. Merwin D'Souza SJ
Goa Province Development Director,
Jesuit House, 14/A Travessa de Revolucao,
Post Box # 112, Panaji, Goa. 403001 
Contact No. 9871588406)
I publish this obituary with great respect to the memory of  Fr. Patrick de Melo SJ :1942-2020.🙏🙏🌹
The Province of Goa bids farewell to a Jesuit who served the province in various capacities: Provincial, Novice Master, Rector, Spiritual Director, Counsellor, Teacher, etc. After a brief illness he passed away at the Province Health Care Facility (Infirmary) in Porvorim. His departure has created a void thatis difficult to fill in. He entered the Society of Jesus on 06 October, 1959 in Soutelo, Portugal, and was ordained on 25 March, 1972 at Bicholim.

As a Provincial he laid great emphasis on ‘cura personalis’ which enabled him to build a good relationship with the Jesuit brethren and the Lord. His great strength was spirituality, retreat direction and counselling. He offered these strengths in accompanying Novices, seminarians, diocesan clergy, lay people and religious. This was his unique Ignatian contribution that he was well adept at and could alone make.
By nature, he was friendly and approachable, showed great interest in persons and had the great ability and capacity to listen. He was a man of prayer and made himself available to accompany individuals in their pursuit to enlightenment and fulfilment.
Fr. Patrick de Melo fondly known as Pat has always been a widely sought-after person for retreats, spiritual direction and recollection talks. His experience in these fields was vast. Fr. Pat as a Spiritual Director at the Pontifical Seminary at Rachol is fondly remembered by many a diocesan priest. They remember him gratefully because they received great support and solace from him. Everyone who entered his room with a heavy heart and a cast-down face emerged with a serene look and a heart filled with confidence and trust in the Lord. He was ‘Master of Novices’ at XTC, Belagavi from 1991 to 1998.  All his novices to this day remain ever grateful for his guidance and spiritual accompaniment during the two years of their initial formation in the Society of Jesus. He was the Provincial of the Goa Jesuit Province from 1999 to 2005, after that he has spent many years helping individuals, groups and even Religious Congregations to grow spiritually and come closer to the Lord.  
Pat was a very frugal person with very few needs. He was a man of few but deep and well thought out words. Unfortunately, his voice became very feeble during the last few years. He had so much to offer but had great difficulty addressing groups and even individuals. He also ate very little and made no demands for any particular or special food, though he was encouraged to do so. He always said, “I eat what is provided.” His austere nature made him weak and left him with very little or no energy; in spite of that he had a great desire to direct retreats and accompany individuals in the course of spiritual direction. 
What he offered individuals was the unfailing love of God. He assured them that God in his everlasting love cares for us and gives us the required graces. His life too proclaimed the same message. He was not particularly anxious about his health and wellbeing. He believed that God would always provide him with the required strength and graces to continue his ministries as long as God wanted to. This harmony between his life and his message was picked up by all who had the fortune and the blessing to come in touch with him. 
His community members, in the various communities he lived in would surely vouch for this. 
Pat had to endure a lot of pain and suffering during the past few months moving in and out of hospitals. He endured all his suffering with serenity and silence. May the Merciful Lord who sustained him during his life here on earth receive Pat into his glorious embrace where pain and suffering has been transformed, and where he now experiences the everlasting presence of the Lord he served. 
Fr Agnelo Mascarenhas S.J.
*******************




Thursday, August 6, 2020

BOMBAY HIGH COURT AT GOA ISSUES NOTICE TO GOA GOVERNMENT ON TIGER RESERVATION

Prakash Kamat
Panaji, AUGUST 6-A division bench of the Bombay High Court at Goa on Thursday issued a notice to the State government and to the National Tiger Conservation Authority on a public interest litigation(PIL)filed by the Goa Foundation,Goa-based green NGO in connection with the declaration of a tiger reserve in the state of Goa.
This PIL is filed in public interest on behalf of the tiger population and associated wildlife of the Western Ghats, seeking directions to the Government of Goa to notify a tiger reserve for the tigers of the state and of adjoining wildlife sanctuaries. This urgent relief is sought in the wake of the tragic killing of 4 tigers in Madei Wildlife Sanctuary in January, 2020. The purposeful killing has also revealed the urgent need for better management of the protected areas(PA)in the State and of tiger-human conflicts. These PAs of Goa form an integral 
habitat for the tigers in Goa and in the rest of the contiguous Western Ghats complex.
The recommendation to declare a tiger reserve for the tiger population of the state has now been made multiple times by the National Tiger Conservation Authority in 2011 and 2016. The government is bound to act on these recommendations, as per Section 38 (5)(i) of the Wildlife Protection Act, 1972.
A recent investigation by a two-member team constituted by the National Tiger Conservation Authority (NTCA) to inquire into the four tiger deaths has also unequivocally recommended the declaration of a tiger reserve in the state, failing which, according to it, Goa could become a “death trap” for tigers.
The Court has asked the respondents to file their affidavits, prior to taking up the matter on 24 August, 2020.
Ms Anamika Gode represented the Goa Foundation.(eom)





Goa Bachav Abhiyan rejects skewed EIA Notification 2020, of Ministry of Enviromment and Forest&Climate Change as "anti-people"

Prakash Kamat,
Panaji, AUGUST 6-The Goa Bachao Abhiyan(GBA), people's umbrella movement spearheading cause of appropriate land use planning in the State of Goa has expressed deep concern with planning and environment in Goa and sees the new draft Environment Impact Assessment(EIA) notification as a danger to the citizens right to planning.  
The GBA rejects the skewed EIA 2020 notification and demands a credible policy in sync with the latest scientific understanding of environment in the light of local carrying capacity and climate change.
A quote from the National Green Tribunal Application used as a preamble to the EIA 2020 calls for ‘Strengthening’ the monitoring mechanism for compliance of conditions of Prior Environment Clearance.
EIA 2020 proceeds to build on exactly the opposite. It seems that the entire purpose of this document is to detail out mass exemptions of some of the most damaging construction and extractive industries from scrutiny under a category called ‘B2’. It is defined in para 3. Definitions:as point (41).
"We strongly oppose the category of ‘B2’ that receives blanket Prior Environment Permission and is exempted from being placed before the Appraisal committee. It is understood that a large number of projects listed under ‘B2’ have caused problems in the State of Goa already. Mining Lease areas ≤5 hectares or Construction projects with >50,000sqmtrs and ≤ 1,50,000sqmtrs of built up area are just some of the categories to be exempted from scrutiny,sid Convenor of GBA Sabina Martins on Thursday. 
This document is further designed to keep public, custodians of their environment, out of the picture by exempting them from public hearings in most cases, and worse, not including them in the list of potential complainants in section 22. Dealing of Violations cases. How is this conceivable as part of an EIA policy?
The Application Form-1/1A ignores the necessary inclusion of scientific reports and scrutiny from committees under enlightened central Acts, such as the Biodiversity, Wetland and Groundwater Acts.
Environment does not differentiate on the basis of human definitions, any large scale action has ripple effects that need to be understood and intelligently mitigated. We do not need a document that builds a case for more suffering and economic loss due to disasters that will surely follow.
 ----------------------------------------------------------------------------------------------------------------
Placed Ad verbatim below are the sections that are a problem with the corresponding response in blue italics.


AND WHEREAS, the Hon’ble National Green Tribunal in Original Application Number 837/2018 in the matter of Original Application Number 837/2018 Sandeep Mittal vs Ministry of Environment, Forest and Climate Change & Ors, has held that the Ministry shall strengthen the monitoring mechanism for compliance of conditions of Prior Environment Clearance.
3. Definitions:
(41) “Prior Environment Permission (hereinafter referred to as ‘prior-EP’)” means
the permission or consent of Regulatory Authority for carrying out the proposed
project listed in the Schedule in respect of Category ‘B2’ that are not required to
be placed before Appraisal Committee as specified in the Schedule;
 
Not acceptable and renders the entire exercise of the EIA notification and its aims invalid
 
 
4. Requirement of Prior Environment Clearance or Prior Environment Permission:-
(3) It is however clarified that ‘construction work’ for the purpose of this notification shall not include securing the land by fencing or compound wall, temporary shed for security guard(s); levelling of the land without any tree felling; geo-technical investigations if any required for the project.
Allowing such changes to the landscape BEFORE any clearance allows for squatting and land grab. Such actions as described already damage the ground ecology and is not acceptable. Fencing or a compound wall blocks wildlife movement, levelling of land requires bringing in of heavy machinery and disturbs the natural biodiversity besides not taking into account hills and sloping land for which ‘levelling’ would mean flattening and changing the topography. Security Guards mean placement of humans, and additional supporting infrastructure to support them such as roads traffic and such. All these measures already change the habitat, skewing any possible studies or assessment. Counter intuitive.
 
13. Preparation of Environment Impact Assessment Report:
(2) Baseline data shall be collected for one season other than monsoon for EIA report in respect of all projects other than River Valley Projects. However, the baseline data of monsoon season shall also be required to be collected, in case of such requirement being prescribed by the Appraisal committee while granting the ToR.
Why is the monsoon season being left out of the EIA as if it doesn’t exist? Monsoon is a critical season in India, and resulting water run-off can lead to erosion or flooding or washing of toxins down-slope, in fact it is a season where most damage is caused. A full season needs to be accounted for.
 
14. Public Consultation:
(2) All Category ‘A’ and Category ‘B1’ projects of new or expansion proposals or modernization with capacity increase more than 50 percent shall undertake Public Consultation.
Very dangerous clause.‘New’ projects may be in a different location altogether and represent upto 50 hectare of a mining lease area. 50 hectare ( 125 acres ) whether in a new location or as an expansion is a substantial size which can destroy springs, rivers, catchment areas and forests that sustain communities and wildlife. It allows breaking up of proposals to below 50% and staggering them so that expansion many more times the same is unchecked, with potential to cause huge damage on unsuspecting citizens.
(7)In case the SPCB or UTPCC concerned does not undertake and complete the public hearing within the specified period, as above, the Regulatory Authority shall engage another public agency or authority which is not subordinate to the Regulatory Authority, to complete the process within a further period of forty working days, as per procedure laid down in this Notification.
 
What is the qualification and nature of this ‘public agency or authority which is not subordinate to the Regulatory Authority’, that can conduct a public hearing? Department of Minerals and mines?PWD? What guarantee is there that the agency chosen is not sympathetic to the project proponent.Adequate safeguards and definitions need to respond to this.
 
(8) If the public agency or authority nominated under the sub-clause (7) above reports to the Regulatory Authority concerned that owing to the local situation, it is not possible to conduct the public hearing in a manner which will enable the views of the concerned local persons to be freely expressed, it shall report the facts in detail to the concerned Regulatory Authority, which may, after due consideration of the report and other reliable information that it may have, decide that the public consultation in the
case need not include the public hearing.
This is an escape route. Often vested interests hijack meetings and cause disturbance with the express intention to intimidate people and not allow voices to be heard. This being the norm in many places, what safeguards are there to make sure this does not happen, and if it does, should not be reason to skip the public hearing altogether.
 
17. Grant or Rejection of Prior Environment Clearance:
(3) In the event that the decision of the Regulatory Authority is not communicated to the applicant within the period specified in sub-clause (2) above, the applicant may proceed as if the prior-EC sought for has been granted or denied by the Regulatory Authority in terms of the final recommendations of the Appraisal Committee.
 
Unclear sentence, allows a loophole to proceed with project simply on silence from the Regulatory Authority.
 
19. Validity of Prior Environment Clearance or Prior Environment Permission:
1.      Construction or Installation Phase:
Refers to completion of construction or installation within 10 years to 50 years in case of mining. Better served on the proposed start date of the projects within 2 years of receipt of clearance as environmental issues change drastically with climate change and will need re-assessment.
 
22. Dealing of Violation cases:
 
(1) The cognizance of the violation shall be made on the:-
(a)suomoto application of the project proponent; or
(b)reporting by any Government Authority; or
(c) found during the appraisal by Appraisal Committee; or
(d)found during the processing of application, if any, by the Regulatory Authority.
The public/citizens have been deliberately left out where it is in their interest to see to proper functioning of units. The Constitution of India has placed responsibility for environment on every citizen, and leaving them out of the cognizance of violations is malafide.
 
25. Appeal against the Prior Environment Clearance or Prior Environment Permission
granted by the Regulatory Authority.
 
(1) Any appeal against the prior-EC or prior-EP, as the case may be, granted by the
Regulatory Authority, shall lie with the National Green Tribunal, if preferred, within a
period of thirty days as prescribed under Section 16 of the National Green Tribunal
Act, 2010.
 
Provided that the National Green Tribunal may, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal within said period, allow it to be
filed under Section 16 of the National Green Tribunal Act, 2010, within a further
period not exceeding sixty days.
The first part of the clause makes no sense as it uses the word ‘preferred’, within ‘thirty days’ and seeks to override the National Green Tribunals appeal period of 60 days.
 
26. Exception of Projects:
The following cases shall not require prior-EC or prior-EP, namely:-
 
(1) Extraction of ordinary clay or sand by manual mining, by the Kumhars (Potter) toprepare earthen pots, lamp, toys, etc. as per their customs;
(2) Extraction of ordinary clay or sand by manual mining, by earthen tile makers who prepare earthen tiles;
(3) Removal of sand deposits on agricultural field after flood by farmers;
(4) Customary extraction of sand and ordinary earth from sources situated in Gram Panchayat for personal use or community work in village;
……
(14) Solar Photo Voltaic ( PV ) Power projects, Solar Thermal Power Plants and development of Solar Parks etc.
……….
(18) Industrial Estate with project area below 500 hectares and not housing any industry of category ‘A’ or ‘B1’ or ‘B2’ project listed in the Schedule;…
(40) …..
 
Exempting categories without a scientific basis, size and structure makes the whole exercise of EIA a fraud. Environment does not differentiate between Solar Parks and Industrial Estates, and damage from careless development has cost far more than the projects itself.
This is a mischievous and illogical list, that exempts mega-projects such as ‘Solar Thermal Power projects,’ with no boundary conditions imposed, and ‘Industrial estates with project area below 500 hectares’, alongside non-issues such as ‘Removal of sand deposits on agricultural field after flood by farmers’.
 
 
Appendix – II and III
FORM-1/1A
 
This adds as a requirement at the end as a note, the involvement of State Coastal Zone Management Authority in case of proximity tidal action/coast and the recommendation or comments of Chief Wildlife Warden in case of proximity to sanctuaries, however ignores the necessary inclusion of scientific reports and scrutiny from committees under enlightened central Acts, such as the Biodiversity, Wetland and Groundwater Acts. Inclusion of the these reports are a necessity.(eom)
 
 
 

Tuesday, August 4, 2020

Goa government agrees before High Court to Goa Foundation demand seeking directions to it to recover Rs.3431 crores from mining companies

Prakash Kamat,
Panaji, AUGUST 4-The Goa government on Tuesday (4.8.2020) agreed to the demands of the PIL (PIL WRIT PETITION STM-1138-2020) filed by the Goa Foundation,Goa-based environmental NGO seeking directions to it to recover Rs.3431 crores from Goa mining companies on several counts within a time-bound period.
After the State's Advocate General told the Court that the amount was recoverable, the Bombay High Court at Goa recorded the undertaking of the Goa government that orders would be passed on all the demand notices issued to mining companies within a period of four months.
The Court recorded that the Goa Director of Mines would first deal with the demand notices issued (for Rs.1508 crores) to mining companies pursuant to the report of the team of Chartered Accountants(CAs) appointed by late Chief Minister Manohar Parrikar.
Thereafter, the Department would enforce the notices raised pursuant to the report of the Auditor General (CAG) in his 2016 report (Rs.1922 crores).
The total of both reports amounts to Rs.3431.31 crores. The demand notices on the report of the team of CAs were issued in 2016. Those pursuant to the CAG's report were issued in 2017. These notices were produced by the Goa government to prove its bona fides during the hearing of the writ petition filed by the Goa Foundation challenging the grant of 88 mining leases. The Supreme Court in its judgement setting aside the 88 mining lease orders, also directed the Goa government to recover the amounts for which the notices had been issued.
The Goa Foundation filed the PIL when it became apparent that the Goa government was not pursuing the matter of recovery of these huge amounts with any zeal. It sought as interim relief a restraint on grant of any mining business to any of the entities till the amounts demanded were paid by them.
Two other petitions filed by the Goa Foundation for recovery from mining companies are pending hearing before the high court. The first involves recovery of around Rs.1000 crores from mining companies who mined without being in possession of a valid mining lease. A second PIL demands recovery of Rs.65,058 crores due from the entire mining industry for conducting mining operations without being in possession of a mining lease for five years (2007-2012). 
Giving this information, Director Ochoa Foundation,Claude Alvares, recalled that the Supreme Court had declared all mining carried out in the State of Goa from 2007 to 2012 as illegal.(eom)








Saturday, August 1, 2020

Goa IT Professionals tell State Government to have its priorities right in the troubled times of COVID-19 Crisis

Prakash Kàmat
Panaji, August 2- In the current troubled circumstances, while every government in the world is exercising restraint on expenditure, it is disheartening to see crores of rupees being earmarked for projects such as facelift of the Assembly, construction of Memorials, Raj Bhavan, convention centers, Panchayat ghars, etc., says Goa IT Professionals(GITP)group of IT professional from Goa in a letter publicly addressed to Goa government.
Dear officials of Govt. of Goa,
these surely can’t be the priorities in these difficult times. Entrepreneurs and businesses in the State are reeling under extreme pressures to survive through the pandemic induced slags. Lack of basic infrastructure like connectivity and power is making matters worse for technology dependent businesses. Goa continues to rank behind in Ease of Doing Business for lack of a single-window system.  Academic systems in the State are on the verge of crumbling down as the State, despite being one of the early starters in setting up IT and connectivity infrastructures and spending crores on doing it, has failed miserably to provide a viable online alternative to physical teaching and learning systems. 
Industries are closing down or retrenching staff. Tourism sector and all other allied industries have taken a big hit. Roads and transport systems in the state are in very bad shape. Common man is struggling to survive the  Pandemic and is desperately looking for alternatives. On this backdrop, the least that can be expected from the government is judicious spending of the exchequer's money by setting the priorities right.
Certainly the Goa government is aware of these issues that have been aptly highlighted in the media. Hard earned money of citizens, paid as taxes cannot be washed away for luxuries, extravaganza, miscellaneous and non-priority infrastructure.  
We sincerely urge the government to instead invest the money in the future of Goa by improving connectivity in the state and setting up the long overdue single-window system for investment so that we see jobs being created and people earning a respectable living.
(Goa IT Professionals – GITP | www.goaitpro.org | goaitp@gmail.com
Important links: About GITP | GITP on Social Network | GITP Core Team | Goa Skills Registry - GSR | Project GEIT)