Fostering tourism, undertaking construction projects and developing infrastructure are ways through which a State generates revenue and creates employment opportunities. However, some of them come at a steep environmental cost. In the recent case of Re: Cleanliness of Umiam Lake versus State of Meghalaya (2023), the division Bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh, in its order, stated that “In the absence of any other employment opportunities and in the name of promoting tourism, the natural beauty of the State should not be destroyed”.
The Meghalaya High Court was hearing a Public Interest Litigation (PIL) on the cleanliness of the Umiam Lake. The court in its observation of the Meghalaya Waterbodies (Preservation and Conservation) Guidelines, 2023, said that they did not deal with the “most serious aspect of buildings and construction mushrooming around waterbodies”.
The biodiverse northeast India
Northeast India is a green belt region due to its abundant natural resources such as oil, natural gas, minerals and fresh water. The Garo-Khasi-Jaintia hills and the Brahmaputra valley are some of the most important biodiversity hotspots.
Though the northeast is industrially backward, deforestation, floods, and existing industries are causing serious problems to the environment in the region. An environmental assessment of the North East Rural Livelihood Project undertaken by the Ministry of Development of the North-eastern Region lays out that “Northeast India lies within ecologically fragile, biologically rich region, highly prone to climatic changes, located in trans boundary river basins. Both flora and fauna of the areas are under threat due to deforestation, mining, quarrying, shifting cultivation.”
Environmental laws
Thus far a considerable number of environmental laws and policies have been developed in the country, especially during the 1980s. Offences related to or against the environment have also taken the shape of “public nuisance” under Sections 268 to 290 of the Indian Penal Code (IPC), 1860, dealing with pollution of land, air, and water. However, as the Sixth Schedule of the Constitution grants autonomy to District Councils, it limits the authority of the State over matters pertaining to the jurisdiction of the District Councils, including the use of land. In many instances, like in the case of the Umiam Lake, the District Councils do not place any regulations for the preservation and protection of land, especially those around waterbodies.
PILs and judicial activism encouraged under Articles 32 and 226 of the Constitution led to a wave of environmental litigation. For example, the National Green Tribunal imposed a fine of ₹100 crore on the Meghalaya State government for failing to curb illegal mining in 2019. It also imposed a fine of ₹200 crore on the Manipur government for improper waste management in 2022. The enforcement of strict guidelines and imposition of heavy penalties by judicial and quasi-judicial organs of the State, often rescue the ecologically sensitive flora and fauna of these regions.
The need to protect and grow
Central and State governments have to develop infrastructure, generate revenue and create employment through sustainable policies. The ‘Negative List’ in the North East Industrial Development Scheme (NEIDS), 2017 is a step in the right direction. If an entity is not complying with environment standards; not having applicable environmental clearances; does not have consent from the concerned pollution boards, it will not be eligible for any incentive under the NEIDS and will be put on the ‘negative list’.
Similarly, the ‘Act Fast for Northeast’ policy should not only include “trade and commerce” but also the preservation of “environment and ecology” in the region. To aim for a 10 trillion-dollar economy, without protecting India’s environment, is a goal not worth pursuing. Central (and state) governments should consider the case of creating a uniform and comprehensive environmental legislation, which caters to issues related to the environment at all levels of governance.
The writer reads law at RGNUL
