Why should retrospective environmental approvals be avoided in India?

Retrospective environmental approvals refer to the practice of granting environmental clearances to projects after they have already commenced construction or operations. This approach has been a subject of debate in India due to its potential negative impacts on environmental governance and legal accountability.

• Undermines Environmental Protection: Granting approvals after a project has started can lead to irreversible environmental damage, as harmful activities may already have taken place before any safeguards are enforced.
• Weakens Regulatory Compliance: It sends a message that violating environmental laws is acceptable, encouraging project proponents to ignore due procedures and seek approval later.
• Lack of Public Participation: Environmental clearance processes include public hearings and stakeholder consultations. Retrospective approvals bypass these steps, denying affected communities their right to voice concerns.
• Legal Uncertainty: Projects operating without prior clearance are in violation of the law. Retrospective approvals can create confusion about the enforceability of environmental regulations and undermine the rule of law.
• Loss of Accountability: If violations are regularized after the fact, it becomes difficult to hold violators accountable, and the deterrent effect of environmental laws is weakened.
• Negative Impact on Biodiversity and Ecosystems: Sensitive habitats or endangered species may be harmed before any environmental assessment is conducted, causing permanent ecological loss.
• International Commitments: India has obligations under international environmental agreements. Retrospective clearances can harm its credibility and commitment to sustainable development.