Ramesh’s mea culpa: A sham

List of his illegal sanctions is a long one

prasanna

Prasanna Mohanty | May 9, 2011



Under pressure for permitting projects in violation of environment and forest laws, minister Jairam Ramesh played the victim the other day.

He said: “I am completely against regularising an illegality. But sometimes I am forced to. A steel plant has been built or a power project has been constructed… violations are detected afterwards. I cannot shut them down. Hundreds of crores (of rupees) are invested. There are livelihood issues.”

He also qualified it by saying: “A violation of law has to be prevented at the start. It is very difficult to correct it later. They become fait accompli and sometimes there is little option but to look for a compromise. I have had to make compromises on some projects.”

Sounds good as far as confessions go but Ramesh deceives here too.

Here is how.

Ramesh says a violation has to be prevented at the start. But he didn’t do so in the case of the Posco project. The project is yet to take off. Two teams he sent for enquiry said without any ambiguity that the forest rights had not been granted to the project-affected people. Yet, he cleared it for the “third” time on May 2.

His defence was: (a) “Faith and trust in what the state government says is an essential pillar of cooperative federalism”, (b) that “it was at my personal insistence that in August 2009, the ministry of environment and forests made adherence to the Forest Rights Act, 2006 an essential pre-requisite for allowing diversion of forest land” and (c) “I was under no obligation or pressure to do so except my own commitment to FRA, 2006”.

Ours is not a banana republic as Ramesh seems to suggest. Project clearances are governed by a set of laws, including the FRA. He is not only obliged, but he is “bound” by these laws.

For his benefit, it should be pointed out that section 4(5) of the FRA says “no member of a forest dwelling scheduled tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is completed.”

He knows very well that the Orissa government has not implemented the FRA in the project-affected areas. Yet, instead of insisting on the rule of law, he is justifying why he is permitting illegality.

Similar is the case with the Polavaram project in Andhra Pradesh. Ramesh himself admitted in his clearance letter that the FRA had not been implemented by Andhra Pradesh or the two neighbouring states which would also be affected by it, Orissa and Chhattisgarh.

If he had to issue a ‘stop order’ later, it was because of public pressure. On his part, he had allowed illegality to happen.

In the latest case, he has lifted “stop work” on the Maheshwar dam in Madhya Pradesh on spacious grounds that chief minister Shivraj Singh Chouhan told him verbally on April 16, 2011 that the rehabilitation and resettlement (RR) had been slow “because the project-affected people have begun to think that the dam project will not be completed on account of the MoEF’s rigid stance”.

In the same order, he mentions clearly that the state government’s claims that 70 percent of RR is complete “are not at all convincing”.

Ramesh himself points out how non-compliance of RR requirement violates various legal requirements and the supreme court’s specific orders.  He is permitting illegality again.

He is right when he says he is “forced to” make “compromises” at times. But he is silent on violating law and not necessarily because a steel plant has been built or a power project has been constructed, but even when no work has begun or when work has been stopped because illegality has been found.

The sad part is such violation of law by Ramesh and other wings of the government doesn’t attracted criminal prosecution.

Comments

 

Other News

A sustainability warrior’s heartfelt stories of life’s fleeting moments

Fit In, Stand Out, Walk: Stories from a Pushed Away Hill By Shailini Sheth Amin Notion Press, Rs 399

What EU’s AI Act means for the world

The recent European Union (EU) policy on artificial intelligence (AI) will be a game-changer and likely to become the de-facto standard not only for the conduct of businesses but also for the way consumers think about AI tools. Governments across the globe have been grappling with the rapid rise of AI tool

Indian Railways celebrates 171 years of its pioneering journey

The Indian Railways is celebrating 171 glorious years of its existence. Going back in time, the first train in India (and Asia) ran between Mumbai and Thane on April 16, 1853. It was flagged off from Boribunder (where CSMT stands today). As the years passed, the Great Indian Peninsula Railway which ran the

Vasudhaiva Kutumbakam: How to connect businesses with people

7 Chakras of Management: Wisdom from Indic Scriptures By Ashutosh Garg Rupa Publications, 282 pages, Rs 595

ECI walks extra mile to reach out to elderly, PwD voters

In a path-breaking initiative, the Election Commission of India (ECI), for the first time in a Lok Sabha Election, has provided the facility of home voting for the elderly and Persons with Disabilities in the 2024 Lok Sabha elections. Voters above 85 years of age and Persons with Disabilities (PwDs) with 4

A fairly reasonable way to solve problems, personal and global

Reason to Be Happy: Why logical thinking is the key to a better life By Kaushik Basu Torva/Transworld, 224 pages

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter