Showing posts with label Karnataka. Show all posts
Showing posts with label Karnataka. Show all posts

Monday, May 12, 2014

The state doesn’t want you to see this report


Government withholds study that implies environmental clearances accorded in Karnataka in the past 10 years are deeply flawed
Subir Ghosh @write2kill
Bangalore: An official study that was meant to look at the way environmental clearances in Karnataka were given out in the last 10 years has turned out to be a virtual indictment of the entire process itself. There is not a single project which has got the top two grades in the rankings that were compiled by the Environmental Management and Policy Research Institute (EMPRI), an autonomous body established by the state government.
The damning study, which was conducted by EMPRI researchers and three independent consultants, has been given a quiet burial. The decision to hold back the findings was taken at a governing body meeting of EMPRI on April 2.
The EMPRI co-chairman and secretary to the ecology and environment department, Ramachandra, said at the meeting that since the State Environment Clearance Committee (SECC) had been discontinued, the study had lost its relevance. He suggested at the meeting, a copy of the minutes of which are in possession of this correspondent, that only a limited copies of the report may be printed and used for academic purposes.
It is, however, not the SECC itself, but the findings of the EMPRI team that is glaring. The researchers found innumerable counts of environmental violations, and loopholes in the SECC system. SECC documentation was either sketchy or not available at all. Had the government published the report, it would have been a sort of admission that environmental clearances accorded in the last 10 years had been deeply flawed.
The study in question had been commissioned by the department of forest, ecology and environment (DFEE) on March 13, 2013. Among other things, the EMPRI was supposed to assess whether the SECC could make cumulative impact assessments, and also look at the impact/outcomes of the SECC approvals, especially those given in the past 10 years.
After submission of a number of drafts, the final report was submitted to the government in February. The state acted quietly in the meantime, and wrapped by the SECC through an official order on February 7, 2014. The order had asserted that the committee was no longer needed in view of the Environment Impact Assessment (EIA) Notification of 2006. The DFEE head, Madan Gopal M, said last week that this had been done since the SECC itself had no legal standing. What he did not elaborate on was why it took the Karnataka government eight years to realise that there would be no need of the SECC in view of the EIA notification that was issued by the Centre way back in 2006.
Irony: They had to file RTIs
The study, ‘Addressing gaps in environmental decisionmaking in Karnataka’ had been undertaken at the directive of the state department of forest, ecology and environment (DFEE). Yet, the study team had to come across innumerable stumbling blocks, primarily because most information was not forthcoming from the DFEE.
To begin with, the team learnt that except for copies of environmental clearances that had already been accorded, the information that formed the basis for according these clearances was not available in the DFEE office. This information had been archived even though all projects were active. The fact that the information supplied by the proponents would be essential in monitoring, regulating and reviewing of compliance criteria and also in decisions relating to renewal of applications, was not addressed. The team was left with no alternative but to gain access to the files through the RTI process.
The government order on the study was issued on March 13, 2013 and the institute was given three months to complete the process. Despite the deadline, the DFEE itself delayed the work. For instance, information for nine of the 47 projects selected for field study were made available only on November 19, several weeks after the conclusion of field studies. Information on 14 more projects was provided on November 16, few days before the submission of the first draft of the report by the consultants to EMPRI.
The study team was hamstrung by the fact that it had to conduct each field visit without any prior information on the project, its location, its impacts, its compliance with clearance conditions, etc. In some cases it was discovered that the projects selected had been shut down or relocated, or even reassigned to a different proponent, information about which was not available beforehand.
“At some of the facilities, officials had not received the intimation letters (often due to change of address that was not on official DFEE record). In rare cases, company officials were unwilling to cooperate with the visiting study team. In some sites, the visiting team was not allowed a comprehensive review of the facility,” the consultants wrote.
subir.ghosh@dnaindia.net




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Leo Saldanha
[Environmental, Social Justice and Governance Initiatives]
Environment Support Group - Trust
1572, 36th Cross, Ring Road
Banashankari II Stage
Bangalore 560070. INDIA
Tel: 91-80-26713559-61
Fax/Voice: 91-80-26713316
Email: leo@esgindia.org

Friday, October 18, 2013

Criminal prosecution of Mahyco for biopiracy revived

The firm genetically modified local varieties of eggplant without approvals
Mahyco, the promoter company for Bt Brinjal could be in for more trouble than just the long-standing moratorium on its product. The case for criminal prosecution of its officials for biopiracy has been revived with the Karnataka High Court dismissing a petition to stay the prosecution on October 11.
The National Biodiversity Board (NBA) and the Karnataka Biodiversity Board (KBB) filed a case for criminal prosecution of 13 individuals, including some top management officials of Mahyco or Maharashtra Hybrid Seeds Co. Limited which is partly owned by Monsanto, for biopiracy. The authorities complained in 2012 that the company along with others had genetically modified local varieties of eggplant without the mandatory approvals and then laid illegal proprietary claim to the genetically modified seeds. In other words, they were accused of biopiracy under the Biodiversity Act 2002.
The NBA and the KBB said that Mahyco entered into an agreement with the University of Agricultural Sciences, Dharwad (UAS) for sub-licensing the Bt gene in local varieties of eggplants and further breeding of these without the mandatory approval of the NBA. It further said that the UAS in collusion with Mahyco and Sathguru Management Consultants Private Limited had carried out breeding to achieve genetic modification of India’s biological resources without permission.
The two government regulatory bodies explained how the alleged illegality had been made evident in the agreements between Mahyco, Sathguru — a consultancy firm and the University of Agricultural Sciences. “Mahyco technology (which is the eggplant containing the Bt gene that will be backcrossed with local varieties provided by the UAS) and Monsanto’s technology (which is the Bt Gene itself) is incorporated into local varieties, these varieties become ‘licensed domestic eggplant products’ and therefore providing Monsanto and Mahyco intellectual property resources that can restrict any making, using or selling of these licensed domestic eggplant products.”
Violation of Biodiversity Act
The agencies went on to say, “This seems to be [an] astonishingly wide intellectual property claim over local varieties provided by the UAS which Mahyco will backcross with their Bt Brinjal possibly violating the Biodiversity Act.”
The complaint listed the vice-chancellor, Registrar and former vice-chancellor of UAS as accused. It listed the managing director, deputy managing director and two directors of the Mahyco as co-accused and named the Founder-director and two directors of Sathguru Management Consultants Private Limited alongside.
The entire story of biopiracy began with a compliant made by Environment Support Group, a Bangalore-based NGO as far back as 2010 when the controversy over commercial release of Bt Brinjal was hitting headlines. But, the authorities dithered for two years even after investigating and concluding that there was a clear case of biopiracy involved. It was only when Environment Support Group, seeing inaction by the government, filed a PIL in the Karnataka High Court in 2012 that the authorities finally filed charges against the accused in November 2012.
The Chief Judicial Magistrate of Dharwad issued summons against the accused but the summons could only be served on the university officials with the police claiming it could not ascertain the addresses of the private entities. Before the summons could again be re-served on the representatives of the two private entities, an ex-parte stay was granted against the criminal proceedings by the Dharwad Bench of Karnataka High Court on January 3, 2013. The stay was contested by the two government bodies — the NBA and the KBB — and the case was finally dismissed on October 11, 2013. This has now reinstituted the original case of NBA and KBB against the accused.
A source at KBB, Bengaluru speaking to The Hindu said, “We are aware of the dismissal of the petition by some accused but we are yet to receive the orders officially. Once we do get them we shall move on the case.”
Another senior official in the Union Environment and Forests Ministry told The Hindu that the case was being now monitored at the highest levels in the Ministry and instructions were likely to be soon sent to the NBA on it.