Balancing Development And Ecology: Socio- Legal Reflections On Environmental Impact Assessment (EIA)
- IJLLR Journal
- 1 hour ago
- 2 min read
Nandhini Priya S P, Assistant Professor in Bharath Institute of Law, Selaiyur, Chennai.
Jeyamurugan S, Assistant Professor in Bharath Institute of Law, Selaiyur, Chennai.
ABSTRACT
Environmental Impact Assessment (EIA) serves as a crucial socio-legal instrument for reconciling the imperatives of economic development with ecological sustainability. In India, the EIA framework is governed primarily by the Environment (Protection) Act, 1986, supplemented by the EIA Notification, 2006, and subsequent amendments, which mandate prior assessment of environmental and social consequences for proposed projects. Examining the socio-legal aspects of EIA, this study highlights how it advances judicial oversight, participatory governance, and environmental justice. Few landmark Indian judicial pronouncements illustrate how courts have reinforced procedural compliance, ensured cumulative impact assessment, and safeguarded the rights of vulnerable communities affected by development projects.
Comparative insights from the United States, European Union, Brazil, and South Africa provide lessons on best practices, including mandatory public consultations, third-party auditing, free prior informed consent (FPIC) for indigenous communities, and integration of socio-economic and climate considerations in project approvals. The study also identifies issues with the Indian EIA system, including as post-facto clearances, little stakeholder engagement, regulatory fragmentation, and the possibility of corporate greenwashing. Strong judicial and administrative enforcement, gender and climate integration, public participation, and institutional harmonisation are among the policy recommendations put out.
By analysing EIA through a socio-legal lens, this study underscores its dual function as a procedural and substantive tool for sustainable development. It demonstrates that effective implementation of EIA is indispensable not only for ecological conservation but also for the protection of human rights, equitable social outcomes, and the realization of environmental justice. The paper contributes to academic discourse and policy-making by offering an integrated framework for improving EIA effectiveness in India, drawing upon comparative experiences to align national practices with global standards.
Keywords: Environment Impact Assessment, Post-facto clearance, Environmental justice, Sustainable Development, Ecological sustainability.
