High-level panel counsels caution ( Environmental Law ) o The government-appointed High-Level Committee to review environmental laws, while proposing a near complete overhaul of the regulatory system, has sounded a note of caution on genetically modified (GM) food crops. o The Committee was headed by Shri TSR Subramanian. Why was it constituted? o It was constituted to review the processes, laws and Acts of the Environment Ministry. Reasons for the formulation of the committee: • To assess the status of implementation of each of the existing Acts vis-a-vis the objectives; • To examine and take into account various court orders and judicial pronouncements relating to these Acts; • To recommend specific amendments needed in each of these Acts so as to bring them in line with current requirements to meet objectives; and • To draft proposed amendments in each of the above Acts to give effect to the proposed recommendations. Recommendations and observations made by the Committee: • While other Ministries naturally would aggressively push for early field trials and induction, the role of the Environment Ministry may have to be one of a Devil’s Advocate to advise due caution. • It noted that Europe does not permit field trials and that the average Indian farm is of very small size (which could lead to severe adverse impact on biodiversity through gene-flow). • Since there are no independent expert agencies in the country, perhaps the Environment Ministry may ask for greater assurance in respect of potential adverse effects in the medium and long run. • The committee has suggested setting up of special environment courts presided over by a sessions judge and higher penalties. • It proposes to create new agencies, the National Environment Management Authority (NEMA) at the national level and the State Environment Management Authority (SEMA) as the pivotal authorities to process applications for a one-window composite environmental clearance. • The NEMA and SEMA will replace the Central Pollution Control Board and State Pollution Control Boards. • The panel also takes away the role of the National Green Tribunal (NGT), which, under the proposed ELMA, will only be able to judicially review the decisions of the Appellate Boards. • The special environment courts shall dispose of cases expeditiously within six months. • The aggrieved parties may approach an appellate board presided over by a retired High Court judge. • The proposed new law will have an overriding effect on all other relevant laws
Posted on: Mon, 19 Jan 2015 05:35:35 +0000
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