THE gazette notification empoweringlocal communities with the right toknow any information regarding hazardous industries in India, is likely to beissued soon by the ministry of environment and forests (MEF). Ministrysources state that these proposed ruleshave received ministerial clearance, andwould become operative from the dateof their notification. The rules, underthe Environment (Protection) Act,1986, compliments the Manufacture,Storage and Import of HazardousChemicals Rules (MSIHC Rules), 1989.
A four-tier crisis group at the local,district, state and Central levels is envisaged comprising village heads, localNGOs and social workers, newspapereditors, doctors, and local administrators who would be empowered to enter,inspect and collect industrial samplesfrom their neighbourhood units.According to the draft notification, "thepublic can request the local level crisisgroups for any information regardinghazards in their locality", and "thegroups shall respond to all publicenquiries on the subject".
As per the draft notification, thegovernment will constitute a central crisis group and set up an alert systemwithin 30 days of notification which willcomprise state, district and local level groups.
This last group shall review on-siteemergency plans prepared by the occupants of all Major Accident Hazard(MAH) installations. In India, about 16states have this facility now.
The response to this significantdevelopment, however, was mixed.Vinod Raina of Eklavya (a Bhopal-basedNGO pushing for such a move since theBhopal gas tragedy), however, was cautious in his reaction. "We will have tosee whether the local level groups wouldactually have access to relevant information. This will be successful only if it ismandatory for the industry to opentheir documents for public inspection,"he said.
Rajeev Dhawan, noted environmental advocate, said in criticism, "The locallevel groups will remain only in an advisory capacity with no responsibility.Instead of creating another bureaucraticwhite elephant, something in the natureof a Right to Know Bill, or a scheme foreffective enforcement might have beer abetter idea."
According to ministry sources, however, these rules would ensure that MYclarification sought by the citizen(s),would be honoured. Section 10 and 11of the Environment (Protection) Act,1986, makes this mandatory. But criticsfear that the rules may be misused by"mischievous elements". "On the otherhand, these rules may also lead to anincrease in public interest litigationsagainst industry," they speculate.
Surinder Kumar, member, expertcommittee on environment of theFederation of Indian Chambers ofCommerce and Industry, and advisor toSriram Industrial Enterprises Limited,says that the rules would sensitise communities' attitude towards hazardousindustries.
"Mock drills (for eventualities likechemical or gas leaks), carried out underthe MSIHC Rules were not very successfulas there was a definite communicationgap between the district administration,industry and the local communities.The proposed rules would ensure propercooperation from communities," he said.
K P Nyati, head, environment management division, Confederation of Indian Industries, opine that instead of issue-based solutions, the government should take up an integrated approach.
"Encouraging industry to get an ISO 14001 or the BS 7750 ensures that the community's right to know is in-built in the system. Industry is thus motivated to adopt higher standards of production. Also, a system wherein communication between industry and the community is encouraged, and the public can review commitments made by industry, it would help in maintaining a balance," he added.
While response to the proposed rules ranges from scepticism to optimism, there are chances that erring industries could be forced to adopt cleaner and better standards.