Submission to the High-Level Committee constituted by the Environment Ministry on strengthening the existing Environmental Impact Assessment (EIA) process

Reports by Vidhi Aid · November 1, 2014
Author(s): Dhvani Mehta and Yashaswini Mittal

This Note responds to the call for public comments issued by the High-Level Committee (the ‘HLC’) constituted by the Ministry of Environment and Forests (the ‘MoEF’) to review the following environment acts- the Environment (Protection) Act, 1986, the Forest (Conservation) Act, 1980, the Wildlife (Protection) Act, 1972, the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Indian Forest Act, 1927.

The terms of reference of the HLC are very broad, and it is beyond the scope of this Note to undertake a detailed analysis of the working of all the abovementioned statutes. Instead, this Note makes a focused set of recommendations on reforming the Environmental Impact Assessment (the ‘EIA’) process in India.

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About Dhvani Mehta:

Dr. Dhvani Mehta {B.L.S. LL.B. (University of Mumbai); BCL, D.Phil (Oxon)} is a Senior Resident Fellow and Team Lead of the Vidhi Aid initiative, where she works on environmental and health regulation, medical ethics and the right to education. She has worked specifically on research projects on environmental clearances, the National Green Tribunal, organ transplant laws, end of life care, and pharmaceutical and medical device regulation. She has appeared in the Supreme Court of India in petitions filed by Vidhi on advance medical directives and discrimination against persons affected by leprosy. She has authored chapters on the implementation of environmental judgments and healthcare corruption in India. Dhvani read for a doctoral degree at the University of Oxford on a Rhodes Scholarship, where she was Chairperson of Oxford Pro Bono Publico and an editor of the Oxford Human Rights Hub blog. Her doctoral thesis explores the idea of an environmental rule of law in India and was cited by the Supreme Court of India.


About Yashaswini Mittal: