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Raid de Himalayas – Are we following the trend blindly?

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An environmental enthusiast shares his concerns regarding the undesired impacts of the event.

An environmental enthusiast shared his opinion regarding the undesired impacts of the Raid–De Himalayas, an adventure sports event held every year since 1999. Arvin Panwar is an IT graduate turned social/environment enthusiast who spent 10yrs in Japan, most of the time working with Sony Corporation as Project Manager, and 2 yrs as a freelancer at the radio software development company, EtherStack. Now Arvind lives in Shimla and is self–employed as a consultant for the local NGOs on CBRT and sustainability. Here is the complete article provided by Arvind to HW, that raises some sensitive issues . You can know more about Arvind on his blog.

Raid de Himalayas or Rape the Himalayas

Well, seems like everyone is excited about Raid De Himalaya. Till last year even I was, as I used to only witness this through media or Internet. However, this year I got to experience it closely. And as a responsible citizen of a highly ecosensitive state, I’m concerned!I would like to ask the authorities if appropriate checks are implemented to ensure that such events don’t create unnecessary problems to the:

1) The locals
2) The environment
3) The wildlife

And yes, even the media should ensure that they just don’t blindly follow the trend but look at the other side of the story. In a recent event, two participants of Mughal rally were killed ( newspapers have this already published) and some were even beaten up by locals as the participants hit a local car ! How that happened is something the organizers can tell but this is what I heard from the crew!

I went through the 44 page document which talks about the rules and regulations of the rally and though I must congratulate them to have touched many key issues related to the rally however nowhere in the document they have mentioned about how the participants and the organizers should act responsibly toward the local laws, environment , wildlife , local culture etc.

Some immediate concerns:

1) I see the participants flaunting the traffic rules and creating nuisance for the public. When the rally is not ongoing, the organizers should make sure that the participants follow the traffic laws. I was almost overrun by a speeding gypsy yesterday. They should be strictly punished if found breaking traffic laws when the rally is not on.

2) They should not be allowed to drive through / around residential areas / sensitive zones / wildlife sanctuary etc. especially at night time. Again from personal experience, yesterday night a car without silencers drove past our locality roaring around 0300hrs!!!

3) Noise level of cars: though there is a strict guideline on the noise level but are there any checks after the rally has started? If there a third party that verifies the noise levels ?

4) Who in the authorities ensure that the route doesn’t cross sensitive zones?

Some long term concerns:

The same question which I posed 2 years back to the organizers and I ask again, why such rallies are allowed in the highly sensitive zone of Himalayas? What measures they take to ensure minimum damage to the environment. One answer I received was they plan the route carefully however I really need to see that! Another answer I got was, this event is only for a few days so why it’s a big concern compared to the usual pollution? Didn’t expect such childish remarks from the organizers. So others are exploiting the natural so why we shouldn’t? Is that a responsible argument? If others do it for livelihood reason, do you guys get the free license to rape the nature for entertainment purpose?

I wonder how come the authorities allow this? Many would say that this rally has brought HP to international map and has done good. My answer to them is that there are other responsible ways of doing the same! Organizing a MTB rally makes sense as its more ecofriendly provided its organized with care but a car rally is highly questionable.

Some people who feel that it’s a cool thing to follow, must rethink long term!! Especially, when the climate is fast changing, even small steps can make a difference.

Thanks for the article Arvin Panwar, an environmental/social enthusiast

Environment

Govt Legitimizing and Legalizing Environmental Violations for Business by Amending EIA Rules: Activists  

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Himachal pradesh EIA Notification 2020 Amendments news

Shimla-While in statements, the politicians in power at the Centre and State Governments have been expressing concerns over environmental issues and ensuring the people that they are committed to protect and preserve the environment, the reality is contrary to it. The most recent evidence is the proposed 2020 draft amendments to the Environment Impact Assessment (EIA) Notification. With these amendments, the process of environmental assessment before granting permission to execute commercial projects, like hydropower projects in Himachal Pradesh, would be reduced to merely a formality.

Environmental activists and people’s organisations from across Himachal have written to the Union Ministry of Environment, Forests and Climate Change (MoEF&CC) to scrap the 2020 draft amendments to the Environment Impact Assessment (EIA) Notification proposed by it.

These activists and environmental protection groups are of the opinion that the EIA Notification, first issued in 1994 under the Environment Protection Act 1986, is a critical mechanism that regulates clearances granted to all kinds of development projects and economic activities in the country. It is one of the environmental decision-making processes that makes it mandatory for project developers to not just study the socio-economic, ecological and other impacts of a proposed project but also place them in front of the affected communities for their opinions and objections, thus, ensuring the process of a free, fair and informed consent. However, this notification has been amended and read down several times in the last two decades, in favour of ‘easing the norms’ for business. The latest draft continues to move in the direction of rendering the EIA process a mere formality. 

The submission made by HP groups states,

“In the context of the already vulnerable and sensitive Himalayan region, flouting of various provisions of even the present EIA notification has heavily impacted the local ecology and livelihoods of the people. The new amendments will only legitimize and legalize these violations and this will mean irreparable damage to the Himalayan ecosystem”. 

The key objections raised are around exemptions of a variety of projects from the mandatory  Public Consultation’ process as well as the dismantling of this process itself.

“The reduction of the time prior to public hearing from 30 to 20 days is also highly objectionable. In the given 30 day period itself, the information about Public hearings does not reach all the affected areas which are often spread out widely in case of mountains with some project-affected communities residing in remote and inaccessible terrains. Here accessing information takes a long time and reducing this time to 20 days will completely exclude such people from raising their grievances and suggestions in the public consultation. This is a clear attempt to block their participation in the environmental decision-making process”

said R.S Negi of Him Lok Jagriti Manch, Kinnaur. 

 

“It is shocking that the amendments include allowing post-facto clearance, which means that the project proponent can start work and before they have obtained environmental clearance. If the basic precautionary principle on which the EIA notifications is grounded is itself not followed it can lead to a disastrous situation for the ecology and local people. In this situation who is going to be responsible for the losses? If the project proponent is not in a position to pay for losses, will the MoEF&CC take the responsibility of losses? This provision will encourage project developers to bypass the process of environmental decision making. We absolutely oppose this amendment”,

said Prakash Bhandari of Himdhara Collective.  

The 2020 draft also dilutes the guidelines for monitoring and compliance of Environment conditions.

“Already the system of monitoring is weak, the conditions lose, the pollution control board and companies non-accountable, thus, leading to widespread destruction of local ecology and impacting health, lives, and livelihoods of project-affected communities. In the case of hydropower projects, for instance, the illegal and unmonitored dumping of muck along river beds, in forests and on common lands, has damaged pastures, disrupted the flow of the rivers, and caused massive disasters when floods occur. The proposed changes will give a free reign to those profiting from extractive and polluting projects,” 

according to Kulbhushan Upmanyu of Himalaya Bachao Samiti. 

It is ironic that on one hand, the global COVID crisis has thrown up several studies showing that pandemics like COVID emerge from ecological degradation and forest loss, and on the government is pushing for policy changes which will accentuate the environmental crisis that the country is already reeling under.  

“If the MoEF&CC wants to change the environmental laws, it should carry out countrywide regional consultations”,

added Uma Mahajan of Himachal Van Adhikar Manch.

The country, especially ecologically diverse yet climate-vulnerable regions like the Himalayas need a robust and strong environmental regulatory and governance regime that makes project proponents accountable and keeps the affected communities and ecological concerns at the centre of the EIA and environmental decision-making process. 

Notably, MoEF&CC had called for citizen’s comments before May 11 but this deadline was extended upto  June 30 and now August 11 as environmentalists and concerned groups expressed outrage that calling for public inputs on this critical law amidst the COVID led lockdown was unjustified. The MoEF&CC has in this period received thousands of objections highlighting the new draft as anti-people and environment.

The demand is to scrap these proposed amendments for the sake of the environment. 

Submission Made to Ministry of Environment, Forest and Climate Change by Activists and Organizations

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Environment

SC’s Forest Diversion Regulation a Blockade on Forest Rights Act Implementation in Himachal: Himdhara

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Supreme Court On Forest Diversion in Himachal Pradesh 2

ShimlaHimdhara Collective, a Himachal-based environment research and action group, has released a report on the implications of the regulation imposed by the Supreme Court on forest diversion under the Forest Rights Act 2006 in Himachal, through a series of orders passed last year. This brought to a screeching halt the implementation of Section 3(2) of the FRA which grants powers to gram sabhas and Divisional Forest Officers to divert upto 1 hectare of forest land for 13 types of village welfare activities like roads, schools, community centres, PDS shops etc. 

The court orders were based on the conclusions drawn by a Supreme Court Monitoring Committee, headed by a retired PCCF, V.P Mohan, that the diversions were leading to green felling and deforestation in the state. Initially, a stay was imposed on all green felling in the state (in a matter of forest diversions under FCA 1980 and FRA 2006) on 11th March 2019. This stay was partially relaxed but the Supreme court sought all FRA proposals to be brought before it for further diversion.

The report titled ‘Missing the forest for Trees’, assesses the ground reality behind the conclusions drawn by the Supreme Court Monitoring Committee based on which these diversions have been restricted.

“We have found that the Supreme court’s orders need to be reviewed because the alarm raised by the V.P Mohan committee with regard to FRA was a false one”,

stated authors of the report which is based on analysis of RTI information as well as field research.

RTI data sought from the Forest department for all cases under section 3(2) of the Forest Rights Act 2006 from 2014 to 2019 (up to January 2019), was analysed to reveal that 17237 trees were felled in an area of 887.56 hectares for 1959 activities in 41 of the 45 forest divisions of the state.

Roads, followed by schools and community centres dominate the type of activities carried out. Of the total land diverted 91% is for roads. It was found that almost 64% of these diversions showed ‘nil’ trees felled. The average number of trees felled per hectare is very low (19.52) and it may be induced that most activities have been carried out in areas with open forest or no trees.

Rohru (Shimla), Nachan(Mandi), Kinnaur and Chopal were some of the divisions which had a large number of diversions, again mostly for roads.

Case studies we carried out in Mandi and Kangra district showed the desperate need for amenities like village link roads and schools. In Himachal, there remain about 41% villages that have no road connectivity which affects access to health, education and market centres.

On the other hand, large development activities like four lane highways, hydropower projects and transmission lines, have had a much larger ecological footprint in terms of tree loss in the state compared to the very minute, incomparable diversions under FRA.

The report also finds that as far as green cover is concerned in the period corresponding to the high number of forest diversions under FRA (2015-2019), the forest survey of India’s statistics show a 333 sq.km increase in the forest cover.

Why development rights under FRA important for Himachal?

1.No Land available with revenue departments and panchayats for ‘welfare activities’ thus forest land only option

The report concludes that given the fact that 2/3rd of the geographical area of the state is recorded ‘forest area’ where strict forest laws have restricted non-forest use, the FRA provides relief for communities to access basic welfare facilities, which should be seen as their fundamental right and therefore should not be hindered.

2.Cumbersome, costly and lengthy process under FCA 1980

Before FRA it was the Forest Conservation Act, 1980 which governed forest diversion even for small local development activities. This required not only permission from the Central Government (MoEFCC Regional or Delhi Office) but also warranted that user agencies deposit funds (Net Present Value of trees) to carry out Compensatory Afforestation. The whole diversion process under FCA was cumbersome, lengthy and costly, and thus a major hurdle in providing the rural areas, especially remote areas, access to basic welfare development facilities.

 “The section 3(2) of the FRA provides relief for both governmental departments and local communities as it overrides the FCA and puts in place a simple and decentralized process for diversion”states the report.

3.FRA is meant to correct the problems that were posed by strict central forest laws

The Forest Rights Act was passed by the parliament of India in 2006 recognising that across the country there are lakhs of communities dependent on land which is legally categorised as ‘forest land’ and are unable to exercise their basic livelihood and development rights due to extremely strict forest laws. Under this act’s Section 3(1), forest-dependent communities can file claims for their individual and community rights exercised before the cut-off date of 13th December 2005.

“As it is Himachal has been sluggish with FRA implementation and only 136 titles have been issued under section 3(1). But atleast the government was proactive with the implementation of section 3(2). With the Supreme court orders regulating this provision, there seems to be an impression amongst the implementing agencies and officials that there is an over-all blockade on FRA in the state”

added members of the collective.

The report has recommended that the state government and nodal agency for the Act – the Central Ministry of Tribal Affairs, put forth the case in favour of section 3(2) of the FRA strongly in front of the Supreme Court and also move swiftly to ensure implementation of all provisions of this law in Himachal.  

 

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HP Govt Exempts Use of Plastic Straws Attached with Beverages for 6 Months

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Plastic straws in himachla pradesh

Shimla: The use of integrated plastic straws attached with tetra pack of beverages are exempted temporarily for a period of six months in Himachal Pradesh, informed a spokesperson of the state government on January 31, 2020.

He informed that the exemption would be a subject to the implementation of Action Plan submitted by M/s Tetra Pack India Pvt. Ltd., AARC under Extended Producer Responsibility.

During the relaxation period, the manufacturers and producers are to come out with an alternative to plastic straw, which is bio-degradable, he informed. A notification in this regard has been issued recently.

He said that other provisions of the notification issued by Department of Environment, Science and Technology of HP on September 20, 2019, which imposes complete ban on plastic cutlery such as spoons, bowls, katories, stirring sticks, forks, knives, straws made of plastic, would remain banned.

He said that this notification will come into force with immediate effect.

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