*

Press Note*

Prime Minister Keeps Environment Ministry and the Minister Structurally
Weak

*Jayanthi Natarajan Appointed a Junior Minister, like her Predecessor*

12 July, 2011, New Delhi: The fact that Jayanthi Natarajan has been
appointed a junior minister like her predecessor underlines that Prime
Minister does not accord the priority, environmental issues deserve. Once
again the minister has been kept structurally weak so that whenever there is
conflict between blind economic growth and ecology, the former is given
precedence at the cost of the latter. The Ministry has been designed to be
structurally weaker than all the other ministries, which adversely impact
the environment and poison our food chain. It is that the Cabinet Committee
on Economic Affairs (from which the Environment Ministry draws its mandate)
and the Prime Minister are not yet alive to the collapsing ecosystem.

On World Environment Day (June 5th) Jayanthi Natarajan knew that she was
going to be the Union Environment Minister. She recollected on that day that
in the 1970s the environment activists were looked at patronisingly. Now she
wonders about "pesticides are ruining our agriculture". She remembers
"environmental safety" in the aftermath of "Chernobyl, Bhopal, now
Fukushima" that "induce terror in the world of environment and citizen
safety". She wonders about "How do we prevent another Bhopal tragedy and
still keep our economy growing?" and "How many use car pools or bicycles?".
She calls for everyone to be "environment warriors" but begin from our own
homes. While all this reveals that our new Environment Minister is
ecologically sensitive but the regressive influence of Cabinet Committee on
Economic Affairs will not provide her adequate space to act as it did so in
the case of Jairam Ramesh. Natarajan is not unfamiliar with environmental
governace issues. She was a member of Committee of both the Houses of
Parliament on Environment and Forest during 1992-97.
What is sad is that the Prime Minister has failed to realize that the threat
to the integrity of the natural systems is a threat to human heath, and such
threats have become routine because of myopic industrial agriculture, blind
urban development, regressive transport systems and criminal neglect of
non-human species.

While legislative safeguards for environmental protection do seem to exist
on paper, the role of the political class which is funded by corporations
(under Companies Act, 1956 companies can pay up to 5 % of their annual
profits to political parties) illustrates that homicidal ecological
lawlessness that has led to rampant industrial pollution, soil erosion,
agricultural pollution, and genetic erosion of plant resources are quite
crucial and merit more acknowledgment. There is a proposal from Shri
Yashwant Sinha headed Parliamentary Standing Committee on Finance to enhance
corporate contribution to political parties from 5 % to 7.5 % of the annual
profits of the companies in the Companies Bill, 2009. This is an
anti-environment proposition because the donors are bound to seek lax
environmental laws in return of their contribution to political parties.
Unless there is state funding for political parties to fight elections, it
is unlikely that the structural weakness in the environmental governance can
be rectified.

In such a context, a structurally weak ministry and minister can do little
to prevent ongoing of our contamination of blood, congenital disorders,
preventable but incurable cancer or extinction of known and unknown living
species on our planet. The Prime Minister and the Chairperson of Indian
National Congress led United Progressive Alliance has failed to recognize
the compelling logic to re-examine the premises of Industrial Growth and
design a new one. In the developed world the model of development is under
interrogation because of environmental problems.

Indian National Congress led United Progressive Alliance must brainstorm on
how between 1975 and 1995 the Indian economy grew 2.5 times but the
industrial pollution went up four-fold, and vehicular pollution went up
eight-fold. Such growth trends have ended up internalising the pollution and
externalising the human cost of pollution.

It was expected that the UPA government would take cognizance of the health
indicators of the deteriorating environment in terms of a double burden of
disease but it seems to have been rendered spineless by the corporate
contribution to its constituent parties.

The appointment Jairam Ramesh had raised hopes but manifest Prime
Ministerial interference does not leave much space for even somewhat sincere
ministers to respond to the environmental crisis in our country. It is hoped
that as a Union Cabinet Minister for Rural Development, he will address
rural India’s concerns with environmental sensitivity, which he could not
display as Environment Minister because of structural constraints. Ramesh
stopped the end-of-life toxic US ship from being beached but due to
non-cooperation from Shipping Ministry, he could not get the ship sent back.
Although he knows about ongoing contamination of Alang beach by
multinational shipping companies, acknowledged it but could not do anything
for its remediation. He stopped Bt brinjal but did not disapprove Bt cotton
unmindful of the fact that the same soil would be used for both and cause
same ecological crisis. He visited the Delhi’s Okhla Waste to energy
incinerator of O P Jindal Group, acknowledged that rampant violation of
environmental laws but did not cancel its environmental clearance.

The appointment of Jayanthi Natarajan as Environment Minister is welcome but
the Ministry and Indian ecosystem merits more than cosmetic interventions.

As an Environment Minister, Natarajan must act to disassociate India from
the carbon trade path because benefits from it are starkly suspect. She
would ensure that land-water binary that has been created to deal with land
resources and water resources separately as part of colonial legacy must be
done away with and a genuine river basin approach is adopted which would
also require rewriting of the industrial policy. Although she is from Tamil
Nadu, she must adopt Ramesh’s sensitivity in disassociating herself from
Tamil Nadu's irrational demand for interlinking of rivers to undo the
unhealthy legacy of bulldozing rivers, flood plains, forests, biodiversity,
natural drainage etc in manner as if citizens, forests and wildlife are
irrelevant.

She has rightly referred to melting of Himalayan glaciers as a concern
because 'Glaciers in the Himalayas are receding faster than in any other
part of the world”. She must make it quite transparent when ecologically
disastrous industrial projects are cleared by Cabinet Committee on Economic
Affairs (CCEA), what role can an effete body of the environment ministry
play to undo the wrongs committed by the CCEA.

Her predecessor failed to publish a database of environmental criminals and
fugitives with their photographs and profiles with the name of the companies
which fall under the 64 heavily polluting industries under the Red category
(highly polluting industries), 34 moderately polluting industries ('Orange'
category) and 54 'marginally' polluting units ('Green' category) and to
publish a list of India's Most Wanted Environmental Criminals with wanted
posters. It is hoped that she would be able to do so.

Natrajan can act to stop transboundary movement of polluting technologies,
hazardous wastes, creating an inventory of hazardous chemicals and wastes
besides conducting an environmental health audit along with the ministry of
health to ascertain the body burden through investigation of industrial
chemicals, pollutants and pesticides in umbilical cord blood. In one such
study in the US, of the 287 chemicals detected in umbilical cord blood, 180
were known to cause cancer in humans or animals, 217 are toxic to the brain
and nervous system, and 208 cause birth defects or abnormal development in
animal tests. Absence of such studies in India does not mean that a similar
situation does not exist in India. Until and unless we diagnose the current
unacknowledged crisis, how will he regulatory bodies predict, prevent and
provide remedy. Jairam Ramesh failed to do anything in this regard. She
should revisit Indian position on the UN’s Basel Convention, Kyoto Protocol,
and the recently adopted UN’s IMO Convention the same way as Government of
India did in the UN’s Rotterdam Convention meeting on hazardous chemicals
with regard to chrysotile asbestos.

It merits reiteration that the 141-page report of the steering committee on
the environment and forests sector for the eleventh five-year plan prepared
by Planning Commission deals with environment and development. It refers to
'the regulatory challenge' and states: ''The number of polluting activities
-- and the quantum of pollution generated -- has increased in the last
several years. Furthermore, newer and newer environmental challenges are
thrown up -- from solid waste disposal, to disposal and recycling of
hazardous waste, to toxins like mercury, dioxins and activities like
ship-breaking to management of vehicular pollution.'

It is high time environmental regulation keeps pace with environmental
crimes. Even Interpol has an INTERPOL Environmental Crime Committee which
along with its Working Groups on Wildlife Crime and Pollution Crime; India
too needs one, only dealing with civil cases through National Green Tribunal
is hardly sufficient. In 1995, in one of its landmark judgments the Supreme
Court in the matter of Indian Council for Enviro-Legal Action v. Union of
India observed, "Environmental Courts having civil and criminal jurisdiction
must be established to deal with the environmental issues in a speedy
manner. Further, it must be manned by legally-trained persons/judicial
officers." The Tribunal violates the court order by excluding criminal
jurisdiction.

Will she act to regulate Pollution & Environment Crime? This will be the
litmus test for her competence as an Environment Minister.

For Details: Gopal Krishna, ToxicsWatch Alliance, Mb: 9818089660, E-mail:
[email protected], toxicswatch.blogpsot.com, Web: www.toxicswatch.com

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