Environmental Impact Assessment Draft 2020 is an important environmental policy in India that created major public discussion. It focuses on how development projects such as roads, dams, factories, mining, and industries can affect nature and people. The draft was introduced to replace the old EIA Notification of 2006 under the Environment Protection Act, 1986.

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Before understanding the 2020 draft, it is important to know what Environmental Impact Assessment (EIA) means and why it matters.

What is Environmental Impact Assessment (EIA)?

Environmental Impact Assessment, commonly called EIA, is a process used to study the possible environmental effects of a project before it starts.

According to the United Nations Environment Programme (UNEP), EIA is a tool used to identify environmental, social, and economic impacts of a project before decisions are made.

In simple words, EIA helps answer questions like:

Will the project damage forests?
Will it pollute rivers or air?
Will local people face problems?
Can the project be made safer for nature?

The main aim is to balance development and environmental protection.

Importance of EIA

EIA plays a major role in sustainable development. It helps governments and industries understand possible environmental damage in advance.

Major benefits of EIA:

Importance	Explanation
Reduces environmental damage	Helps identify harmful impacts early
Saves money	Fixing problems before construction costs less
Better planning	Projects can be designed in safer ways
Protects ecosystems	Prevents damage to forests, rivers, and wildlife
Public participation	Gives people a chance to share concerns

EIA ensures that development happens responsibly without harming the environment beyond recovery.

EIA in India

India started considering environmental impacts seriously in the late 1970s.

History of EIA in India

In 1976–77, the Planning Commission asked experts to study river valley projects from an environmental angle.
In 1994, India introduced its first official EIA notification through the Ministry of Environment and Forests.
This made environmental clearance compulsory for many large projects.

The legal base of EIA in India comes from the Environment Protection Act, 1986.

2006 EIA Notification

In 2006, the government made important changes to improve the EIA process.

Project Categories

Projects were divided into two main categories:

Category A

These projects are examined at the national level.

Examples:

Mining
Thermal power plants
Large industries
Airports
Ports

These require approval from:

Impact Assessment Agency (IAA)
Expert Appraisal Committee (EAC)

Category B

These are reviewed at the state level.

Approval comes from:

State Environment Impact Assessment Authority (SEIAA)
State Expert Appraisal Committee (SEAC)

Category B projects are further divided into:

Category	Meaning
B1	Requires full EIA
B2	Usually does not require full EIA

Stages of EIA

The 2006 notification introduced four important stages.

1. Screening

Checks whether a project needs EIA.

2. Scoping

Experts identify major environmental concerns.

3. Public Hearing

Local people share opinions and concerns.

4. Appraisal

Authorities review all reports before giving clearance.

Public hearing is one of the most important parts because it gives people a voice.

What is Draft EIA Notification 2020?

The Environmental Impact Assessment Draft 2020 was introduced by the Ministry of Environment, Forest and Climate Change (MoEFCC).

Its goal was to replace the 2006 rules and simplify project approvals.

Supporters said it would improve ease of doing business.

Critics argued that it weakens environmental protection.

Major Changes in Environmental Impact Assessment Draft 2020

1. Reduced Time for Public Hearing

Earlier, people were given 30 days to study project documents and raise objections.

The 2020 draft reduced this to 20 days.

The government argued that internet and mobile technology make communication faster.

However, critics raised concerns.

Why is this a problem?

Many rural and tribal communities:

Have poor internet access
May not receive documents on time
Often do not get reports in local languages

Less time means less awareness.

2. Exemption of Many Projects

One major concern was that many projects were moved into categories requiring less public scrutiny.

Several projects were exempted from mandatory public consultation.

Examples of exempted projects

Oil and gas exploration
Hydroelectric projects up to 25 MW
Small and medium cement plants
Irrigation projects
Inland waterways projects
Highway expansion in specific limits
Ropeways in sensitive areas
Construction projects up to 1,50,000 sq. m.

This raised concern because some of these projects can still cause major environmental damage.

3. Annual Compliance Reports

After getting environmental clearance, project owners must submit reports showing whether they follow environmental rules.

Under the 2006 rules:

Reports were submitted every 6 months

Under Draft 2020:

Reports only once every year

Why experts objected

Environmental experts believe annual reporting creates problems.

A long gap allows:

Violations to remain hidden
Pollution to continue longer
Damage to go unnoticed

More frequent reporting improves accountability.

4. Reports Prepared by Project Owners

Another issue is that compliance reports are prepared by the project developers themselves.

This can create conflict of interest.

Without independent checks, reports may:

Hide violations
Underreport pollution
Misrepresent facts

Experts recommend third-party monitoring.

5. No Public Reporting of Violations

The draft limited who could report violations.

Under the proposed rules, violations could mainly be reported by:

Government authorities
Regulatory authorities
Appraisal committees
Project promoters

This reduced the role of the general public.

Why this matters

Local people often notice pollution first.

Examples:

Dirty river water
Smoke from factories
Illegal tree cutting

If public complaints are limited, violations may continue longer.

6. Post-Facto Clearance

This became one of the most controversial parts of the draft.

Post-facto clearance means a project can begin operations without prior environmental clearance and apply later.

This means:

Project starts
Environmental damage may happen
Clearance is requested later

This worried environmental lawyers.

Supreme Court View

In the Alembic Pharmaceuticals vs Rohit Prajapati (2020) case, the judiciary stated that environmental law does not support post-facto clearance.

The court emphasized that permission should come before, not after, environmental damage.

Penalty for Violations

Companies violating rules may have to pay penalties.

But critics argue penalties alone are not enough.

Large industries may treat penalties as a business cost and continue violations.

Major Issues with Environmental Impact Assessment Draft 2020

Opens Door for Violations

Post-facto approval may encourage industries to start projects without permission.

They may think:
“Start now, pay penalty later.”

This weakens environmental law.

Weakens Public Participation

Public consultation is a core strength of EIA.

The draft reduces public involvement by:

Shortening hearing period
Exempting many projects
Limiting public reporting

This weakens democracy in environmental decision-making.

More Power to Government

The draft gives more control to government authorities.

While government oversight is necessary, too much centralized power may reduce transparency.

Critics say balance is important.

Strategic Project Concern

Projects labeled as “strategic” can avoid public disclosure.

This means details of such projects may not be shared publicly.

The concern is that the term “strategic” may be used too broadly.

If many projects are given this label, transparency decreases.

Reduced Awareness in Rural Areas

India has many remote villages and tribal regions.

Challenges include:

Low internet access
Lack of awareness
Language barriers
Poor communication

Reducing notice time from 30 to 20 days makes participation harder for such communities.

International Concerns

India is part of several major global environmental agreements.

These include:

1972 Stockholm Conference
1992 Rio Summit
United Nations Framework Convention on Climate Change
Paris Agreement

India has committed to strong environmental governance.

Critics say weakening domestic environmental rules may affect India’s global image as a climate leader.

Way Forward

India needs development for economic growth, jobs, and infrastructure. But development should not destroy nature.

A balanced approach is necessary.

Suggested improvements

Suggestion	Benefit
Increase public awareness	Better participation
Provide reports in regional languages	More inclusiveness
Faster but transparent approvals	Better governance
Independent monitoring	Less false reporting
Strong penalties	Better compliance

The government should reduce bureaucratic delays in environmental clearance without weakening environmental safeguards.

Development and environment should move together.

A strong EIA system ensures that India grows while protecting forests, rivers, air, wildlife, and future generations.

FAQs

1. What is Environmental Impact Assessment (EIA)?
EIA is a process used to study how a project may affect the environment before approval.

2. Why is EIA important?
It helps reduce pollution, protect ecosystems, and improve project planning.

3. What changed in Draft EIA 2020?
Major changes included reduced public hearing time, project exemptions, annual compliance reports, and post-facto clearance.

4. What is post-facto clearance?
It allows projects to seek environmental approval after operations have already started.

5. Why was Draft EIA 2020 criticized?
It was criticized for reducing public participation and weakening environmental protection.