Revisiting Environmental Impact Assessment Laws in India vis-a- vis Draft Environmental Impact Assessment Notification 2020

Abstract

The proposed Draft Environmental Impact Assessment (EIA) Notification March 2020 is the biggest overhaul of the environmental clearance process since the first EIA Notification in 1994. While controversial, Draft EIA Notification 2020 is a testament to India’s need for a reformed EIA legal regime. Following a historical analysis method, review of case laws and legal provisions between 1994-2020, we trace the domestic and global factors such as environmental reckoning, economic reforms, human rights movements and judicial intervention, which introduced and shaped EIA’s legal journey in India. We eventually examine the proposed Draft EIA Notification 2020 to unpack the provisions to lay bare the concerns and suggest ways to strengthen India’s environmental clearance process.