House Panel rejects Subramanian report on overhaul of green laws

The Subramanian report had been panned by environmentalists and tribal rights groups for seeking dilution of existing safeguards in the name of reforms

The report of the Subramanian committee to revise environment laws should be scrapped and the issue looked at afresh, Parliament’s standing committee on the sector has recommended. The committee, headed by Ashwani Kumar, a Rajya Sabha member from the Congress party and an ex-Union minister, gave its report on Tuesday.

The report it said should be scrapped came from a committee chaired by T S R Subramanian, former cabinet secretary and also an ex-chief secretary of Uttar Pradesh. It had asked for a complete overhaul of six environmental laws. The report had been criticised by many environmental and tribal rights groups, for recommending dilution of some existing safeguards.

The standing committee said: “Some of the essential recommendations would result in an unacceptable dilution of the existing legal and policy architecture established to protect our environment. Further, an impression should not be created that a committee whose constitution and jurisdiction are itself in doubt has been used to tinker with the established law and policy.”

Adding, “Should the government wish to consider specific areas of environmental policy afresh, it may consider appointing another committee by following established procedures and comprising of acclaimed experts in the field, who should be given enough time for comprehensive consultation with all stakeholders so that the recommendations are creditworthy and well considered, which is not the case with the recommendations under review.”

The standing committee concluded that the government’s panel headed by ex-cabinet secretary T S R Subramanian had hurried through its deliberations in the short time of three months it was given while it was reviewing multiple laws that make the foundation of environmental governance in India.

The environment ministry in its replies to the standing committee on most issues raised during the review had a stock reply: “The recommendations of the High Level Committee are under consideration. The suggestions provided in the memoranda will be kept in view while taking a final decision in the matter.”

The environment ministry also defended the capability of the high level panel members. The standing committee had received recommendations and views from over 50 organisations and experts from the civil society as well. All most all the representations received by the Parliamentary standing committee were critical of the Subramanian committee report for one or several reasons including a challenge to the legal validity of the committee itself which had been formed by the environment ministry when a high level panel needs approval of the Prime Minister. The standing Committee concluded, “Considering the various objections as aforesaid and comments of the Ministry, the Committee finds that objections raised by members of civil society/NGOs/experts are prima facie valid and require serious reflection.”