MoEF not interfering in FRA and Tribal issues: Prakash Javadekar

Environmentalists on the other hand have criticised the ministry’s several moves to weaken environmental processes such as taking away tribal consent for linear projects, allowing projects in critical tiger habitats and appointing the TSR Subramanian committee to seek recommendations on changes to six environmental laws without wide consultations. More recently, the ministry has been at loggerheads with the tribal affairs ministry on the issue of proposing changes to Forests Rights Act. dna speaks to environment minister Prakash Javadekar on these issues and more.

Excerpts from the interview.

Q: Six major laws were reviewed in the recently held conference of state environment and forest ministers’. What is the time-frame the ministry is looking at bring in amendments to these laws?
A: We will take six months to bring in the changes and it will be presented during the winter session of Parliament. But some (proposed) Acts, such as CAMPA (Compensatory Afforestation Fund Management and Planning Authority) and some amendments in the present form of the Acts where penalties and actions would be made stronger will be presented early. In all the six environmental Acts - Water Act, Air Act, Environment Protection Act, Wildlife Protection Act, Forest Conservation Act and Indian Forest Act - we are going to bring in the increased penalties and punishments during Budget session.

Q: Ministry of Tribal Affairs has been at loggerheads with your ministry on proposed changes to Forests Rights Act by taking away consent of tribal gram sabhas for diverting forests, can you please respond?
A: We are not making any changes to the law or bringing our any order in this regard, we have not done away with any consultation, or taking anybody’s land by force.

Q: If there are no changes why has the secretary, MoTA, written to his counterpart in MoEF&CC asking them not to make changes to the Act? What is the issue about?
A: It is about vested interests. About the letters, you can ask them. He (secretary, MoEF&CC) has clarified that we are not making any changes to the tribal laws because that is not our domain. The PMO and the Cabinet are the ultimate arbitrators of any proposed changes in law and not one ministry.

Q: The National Board For Wildlife has cleared railway, road and infra projects in critical tiger habitats and corridors, especially in the Kanha - Pench corridor, how do you justify the approvals while you stress on conserving tiger corridors?
A: No, we have not not cleared any project that will hamper the tiger habitats. So, in the case of railway project, we have just approved doubling of the line. Even in the case of the highway (NH-7), we have approved the widening project. In last ten years, not a single animal was killed on this road, that is what the forest and wildlife department told me, but hundreds of people got killed in accidents. A human is also an animal. One must understand and therefore, you have to balance it. So all the precautions and mitigation measures as suggested by the Wildlife Institute of India (that will submitted in the next seven days) for the Kanha-Pench corridor will be accepted. We will make an overpass and underpass wherever required. There are more human tragedies reported. We need to see the larger picture and have a sense of proportion. We are not clearing new roads in these habitats.

Q: But what about the road project cleared in the Rann of Kutch that will threaten the flamingo sanctuary and their breeding sites?
A: No, no, it is 12-kilometres away from the boundary. Pakistani infiltrators are coming in, defence wants their roads and you won’t give them roads for their posts? It’s a defence installation. We need to have that sense of proportion. The Border Security Forces posts are located there and you need the road to take their supplies. There will no disturbance to the flamingos.

Q : On the creation of a national regulator and other bodies suggested in the TSR Subramanian committee report what is the consensus till now?
A: No, we have to take a decision. The court (Supreme Court) has said that you create a regulator. TSR Subramanian committee has suggested formation of NEMA (National Environment Management Authority) and SEMA (State Environment Management Authority). People have some opinions they have given us and we have asked more of those to be submitted by April 15. So by April 30, we will have everybody’s opinion and thereafter we will take a decision. There has to be emphasis now on compliance because our rules and laws are many but there is no compliance. I want to make compliance regime a meaningful regime, a strict regime and that’s how we are going to walk.

Q: But some Congress and non-Congress ruled states have expressed reservations to this report? So how are you bringing everybody on board?
A: We have brought everybody on board and yesterday (Tuesday) we passed a unanimous resolution.

Q: But the states are saying otherwise?
A: No, No...the states are not saying otherwise. The resolution is unanimous and there is a consensus. The only issue is SEMA, NEMA and the report has only made recommendations, it is not a (final) government decision.