Environmental Clearance in India With Special Reference to Iron Steel and Thermal Power Projects Emerging Ethical and Legal Issues

Abstract

newline ENVIRONMENTAL CLEARANCE IN INDIA WITH SPECIAL REFERENCE newlineTO IRON, STEEL AND THERMAL POWER PROJECTS: EMERGING newlineETHICAL AND LEGAL ISSUES newline1.1 Identification of the Research Problem newlineIndustrialization has been the main driving force behind the economic growth and newlinedramatic increase in living standards in the developing countries. In India, economic newlinereform and globalization since 1991 along with the force of globalization have not only newlineincreased the pace of economic growth but have also raised concerns about unsustainable newlineuse of natural resources and environmental degradation. Such concerns made evident the newlinenecessity to count on sound information about the possible environmental consequences newlineof development actions. One of the tools available to satisfy this need is Environmental newlineImpact Assessment (hereinafter cited as EIA). EIA is the process of identifying, newlinepredicting, evaluating and mitigating the biophysical, social, and other relevant effects of newlinedevelopment proposals prior to major decisions being taken and commitments madeThe concept of EIA finds its basis from precautionary principleand#8223;. This principle requires newlinerefusal of consent or approval of the developmental activity by the competent authority, if newlinesuch project poses threat of serious or irreversible environmental damage.2 This principle newlinewas enshrined in Principle 11 of the UN General Assembly Resolution on World Charter newlinefor Nature, 1982. Keeping in view the efficacious character of Precautionary Principle, newlinethe United Nations Conference on Environment and Development held at Rio de Janeiro newlinein 1992 recognized this Principle as a norm for the nations of the world to pursue.3 newlinePrinciple 15 of Rio Conference described the Precautionary Principle as follows: newline In order to protect the environment, the precautionary approach shall be newlinewidely applied by States according to their capabilities. Where there are newlinethreats of serious or irreversible damage, lack of full scientific certainty newlineshall not be used as a reason for postponing cost-effective measures to newlineprevent environmental degradation.