The National Alliance for Climate and Ecological Justice (NACEJ) has raised its strong opposition against recent environmental deregulation measures proposed by the government of India. The controversy centers on two notifications issued by the Ministry of Environment, Forests and Climate Change (MoEF&CC) in November 2024, which has significantly reduced the environmental compliance requirements for various industries.
The notifications (G.S.R 702(E) and G.S.R 703(E)) eliminate mandatory Consent to Establish and Consent to Operate requirements as per one of the major environmental regulation of the country- the Air (Prevention and Control of Pollution) Act 1974 and Water (Prevention and Control of Pollution) Act 1981.
These exemptions are applicable to two categories of industries namely: industries with existing environmental clearances and 39 newly designated ‘White industries’.
NACEJ, a national level organisation of the National Alliance of People's Movements (NAPM), points out that these changes mean a dangerous shift in environmental policy.
Prioritising business over environmental protection
The alliance has identified five key problems with the new regulations. First, the organisation has asserted that the ministry has prioritized business interests by compromising environmental protection. The second allegation is that the changes potentially undermine the commitments to the UNFCCC on emissions.
No scientific backing for classification
The third point raised by the NACEJ is that the exemptions appear arbitrary and lack scientific backing, particularly concerning industries like fly ash brick manufacturing. Such industries are known to have negative environmental impacts.
The fourth concern raised is regarding the legal overreach, with the NACEJ claiming that the ministry has exceeded its executive authority by effectively amending established environmental laws without proper legislative process.
Removing public consultation dangerous
Another important allegation is regarding the notification violating the government's own pre-legislative consultation policy of 2014, which mandates public consultation before such significant changes.
The NACEJ has expressed its serious concerns about the environmental implications of the modifications. The organisation has emphasized that removing consent requirements contradicts the fundamental objectives of India's environmental protection framework.
The regular compliance checks on industrial operations have also been reduced for operating consents. The classification of ‘white industries' has downplayed environmental risks posed by such industries. The risks posed to air, water and soil quality by fly ash, a byproduct of coal combustion, containing toxic heavy metals including arsenic, lead, and mercury is an example of such oversight of classification.
Demands of NACEJ
NACEJ has outlined specific demands to address these concerns. The organisation has called not only for the immediate withdrawal of both notifications but has proposed a comprehensive, independent study to evaluate the possible environmental, social, and economic impacts of the exemptions proposed by the government.
Further, the NACEJ has insisted on making the study publicly available and open to scrutiny. In addition to this, the organisation has called for the maintenance and strengthening of state pollution control boards in monitoring industrial compliance with environmental standards.
The alliance's objections reflect broader concerns about the balance between industrial development and environmental protection in India. While industrial growth is essential, the protection of the environment with global climate change commitments and public health concerns should be considered, NACEJ has insisted.
