Hindi English Translation || Editorial || ​Stitch in time: on judiciary and Environment Ministry notifications

​Stitch in time: on judiciary and Environment Ministry notifications

Making illegal units pay heavy fines might have limited deterrent (निवारक) effect

Last week, the Supreme Court of India finally struck down as “illegal” two notifications by the Union Environment Ministry that allowed industrial units to set up, expand operations or change their manufacturing practices without following the due process (उचित प्रक्रिया) of taking government permission beforehand (पहले से, अग्रिम रूप से). Taking ‘prior’ approval is a sacrosanct (पवित्र) principle at the heart of (be the most important part of something; at the centre of) the Environment Impact Assessment (Notification) of 2006. On the surface it appeared that the Centre, or the Union Environment Ministry, had instituted (constitute, establish, start, begin, initiate, create, form, organize, put in place) a system that made a mockery of this principle, but there was a rationale (तर्क, कारण, औचित्य), even if it was flawed (weaken, impair, mar) to some extent. In March 2017, the body issued a notification providing a “one-time” six-month window for industries that did not have the right environmental clearances, to apply for one. In 2021, it instituted a ‘standard operating procedure’ that in effect (वास्तव में, प्रभावी रूप से) allowed projects in violation (उल्लंघन) of the laws, but which could not avail (लाभ लेना, उपयोग करना) of the six-month window (opportunity, chance, opening), to apply — albeit (यद्यपि, हालांकि) at the cost of heavy fines — for regularisation (नियमितीकरण, मानकीकरण). Moreover (इसके अतिरिक्त), all these significant changes were being issued through executive orders (कार्यकारी आदेश, शासनादेश), rather than (के बजाय) any attempt at amending the underlying Environment Protection Act (EIA), 2006 (पर्यावरण संरक्षण अधिनियम), through Parliament.

The Centre’s reasoning was three-fold (having three parts). First, the process for regularising projects had already been initiated by the United Progressive Alliance government in 2012 and 2013. These were, however, struck down by the Jharkhand High Court and the National Green (concerned with the protection of the environment, environmentalist, conservationist; environmentally friendly) Tribunal (panel, committee (set up to resolve some disputes particularly)) on procedural (official, formal, systematic, methodical, organized) grounds, and not that these projects were irredeemably (irreparably, irreversibly, irretrievably) violative (subjected to violation (breach, contravention, infringement, breaking, non-observance); contradictory, opposite). Second, demolishing functioning plants that were contributing to the economy and employment could exacerbate (intensify, increate, heighten, amplify, magnify, deepen, add to, aggravate, worsen) pollution and be disruptive (troublesome, disturbing, upsetting, turbulent, uncontrollable, unmanageable). The Centre cited (invoke, mention, refer to, point to, adduce, turn to, resort to, have recourse to, use, put to use) examples of various disputes involving copper mines to pharmaceutical companies where the courts had agreed that a “balanced” approach was necessary in cases involving violations. Finally, it argued that it had put in place (to establish, implement, or initiate a plan, system, or set of rules or arrangements) a system whereby the industrial units seeking (try, aim, attempt) to be regularised (establish, recognize, confirm something officially (something which is a temporary arrangement till date)) would have to pay fines for the period that they had functioned in violation. The Court in its final verdict has rightly, as previous courts have, emphasised (highlight, underscore, underline, stress, call/draw attention to) the principle of “prior” clearance (approval, consent, license, sanction, permission, acceptance), though its action may be a little late as it has clarified that companies that had regularised themselves under the 2017 and 2021 orders would be “unaffected” by the judgment. That thriving (prospering, flourishing, burgeoning, prosperous, booming, buoyant, successful) industrial units in violation of the laws mushroomed (increase, spread, grow, develop, expand, snowball, balloon, burgeon) is a testament (witness, evidence, proof, testimony) to the collective failure of regional environmental boards to enforce laws. So it stands to reason (it is obvious, it is logical, it is sensible, it is understandable) that making these illegal units pay, under the purported (supposed, claimed, professed, alleged) new procedure, would have been a fruitless (ineffective, unproductive, unsuccessful, worthless, futile, useless) exercise. The judgment should ideally nip (remove) any “crafty (cunning, tricky, deceitful, devious, evasive; clever, shrewd, astute, sharp)” attempts by future governments to condone (approve, sanction, justify, vindicate, endorse (something bad as acceptable)) violations in the name of (for the sake of, at the behest of, for the reason of) the economy though it must also trigger (arouse; prompt; induce; cause; bring about) on-ground (relating to a place where practical work is done) enforcement (imposition, implementation, application).

Courtesy: The Hindu

Important Word List With Meaning

1.judiciary (noun)

Hindi Meaning - न्यायतंत्र, न्यायपालिका
English Meaning - a branch of government in which judicial power is vested; judges collectively.

2.deterrent (noun)

Hindi Meaning - निवारक
English Meaning - a person/thing that discourages an action and makes it difficult to do; a thing that discourages or is intended to discourage someone from doing something; a means of preventing undesirable actions.

3.due process (phrase)

Hindi Meaning - उचित प्रक्रिया
English Meaning - (equally and fairly) correct process; fair treatment (per established principles & procedures). ​

4.beforehand (adverb)

Hindi Meaning - पहले से, अग्रिम रूप से
English Meaning - in advance, ahead of time, before, already, previously, prior, earlier.

5.sacrosanct (adjective)

Hindi Meaning - पवित्र
English Meaning - relating to something considered as too important or valuable that no one is permitted to criticize or change it; inviolable, unchallengeable, unimpeachable; sacred, holy, respected, hallowed

6.rationale (noun)

Hindi Meaning - तर्क, कारण, औचित्य
English Meaning - reason, cause, basis, reasoning, pretext, grounds, logic.

7.in effect (phrase)

Hindi Meaning - वास्तव में, प्रभावी रूप से
English Meaning - really, in fact, in reality, effectively, practically.

8.violation (noun)

Hindi Meaning - उल्लंघन
English Meaning - breach, contravention, infringement, breaking, non-observance.

9.avail (verb)

Hindi Meaning - लाभ लेना, उपयोग करना
English Meaning - use, utilize, make use of, take advantage of, employ, resort to.

10.albeit (conjunction)

Hindi Meaning - यद्यपि, हालांकि
English Meaning - though, even though, however.

11.regularisation (noun)

Hindi Meaning - नियमितीकरण, मानकीकरण
English Meaning - normalization, standardization, or regulation.

12.moreover (adverb)

Hindi Meaning - इसके अतिरिक्त
English Meaning - in addition to, besides, additionally.

13.executive order (noun)

Hindi Meaning - कार्यकारी आदेश, शासनादेश
English Meaning - a regulation issued by a member of the executive branch of government.

14.rather than (phrase)

Hindi Meaning - के बजाय
English Meaning - instead of.

15.Environment Protection Act (EIA), 2006 (noun)

Hindi Meaning - पर्यावरण संरक्षण अधिनियम
English Meaning - An Act to provide for the protection and improvement of environment and for matters connected therewith.

16.a stitch in time saves nine (phrase)

English Meaning - used to say that it is better to deal with the problems on time and save time and energy later when they might become worst.

17.stitch in time (phrase)

English Meaning - timely action.

18.strike down (phrasal verb)

English Meaning - abolish, annul, nullify (a law or regulation).

19.at the heart of (phrase)

English Meaning - be the most important part of something; at the centre of.

20.Environmental Impact Assessment (EIA) (noun)

English Meaning - a process of evaluating the likely environmental impacts of a proposed project or development, taking into account inter-related socio-economic, cultural and human-health impacts, both beneficial and adverse.

21.on the surface of it (phrase)

English Meaning - based on what is seen or apparent at first glance; seemingly, but possibly not actually so; superficially.

22.institute (verb)

English Meaning - constitute, establish, start, begin, initiate, create, form, organize, put in place.

23.make a mockery (phrase)

English Meaning - make (someone/something) to seem foolish/absurd; to make someone/something to seem without value; to make something/someone to seem worthless/useless.

24.flaw (verb)

English Meaning - weaken, impair, mar.

25.window (noun)

English Meaning - opportunity, chance, opening.

26.standard operating procedure/protocol (SOP) (noun)

English Meaning - a detailed, written document consisting of step-by-step information on routine activities necessary to complete tasks in accordance with specific regulations or standards.

27.at the cost of (phrase)

English Meaning - at the loss of something; with the sacrifice of something

28.underlying (adjective)

English Meaning - fundamental, basic, primary, essential, core, deep-seated, inherent, latent, hidden, implicit.

29.three-fold (adverb)

English Meaning - having three parts.

30.regularise (verb)

English Meaning - establish, recognize, confirm something officially (something which is a temporary arrangement till date).

31.green (adjective)

English Meaning - concerned with the protection of the environment, environmentalist, conservationist; environmentally friendly.

32.tribunal (noun)

English Meaning - panel, committee (set up to resolve some disputes particularly).

33.National Green Tribunal (noun)

English Meaning - The National Green Tribunal has been established on 18.10.2010 under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources.

34.procedural (adjective)

English Meaning - official, formal, systematic, methodical, organized.

35.grounds (noun)

English Meaning - reason, cause, basis, pretext, rationale, factor.

36.irredeemably (adverb)

English Meaning - irreparably, irreversibly, irretrievably.

37.violative (adjective)

English Meaning - subjected to violation (breach, contravention, infringement, breaking, non-observance); contradictory, opposite.

38.exacerbate (verb)

English Meaning - intensify, increate, heighten, amplify, magnify, deepen, add to, aggravate, worsen

39.disruptive (adjective)

English Meaning - troublesome, disturbing, upsetting, turbulent, uncontrollable, unmanageable.

40.cite (verb)

English Meaning - invoke, mention, refer to, point to, adduce, turn to, resort to, have recourse to, use, put to use.

41.put in place (phrase)

English Meaning - to establish, implement, or initiate a plan, system, or set of rules or arrangements.

42.seek (verb)

English Meaning - try, aim, attempt.

43.emphasise (verb)

English Meaning - highlight, underscore, underline, stress, call/draw attention to.

44.clearance (noun)

English Meaning - approval, consent, license, sanction, permission, acceptance.

45.thriving (adjective)

English Meaning - prospering, flourishing, burgeoning, prosperous, booming, buoyant, successful.

46.mushroom (verb)

English Meaning - increase, spread, grow, develop, expand, snowball, balloon, burgeon.

47.​testament (noun)

English Meaning - witness, evidence, proof, testimony.

48.It stands to reason (phrase)

English Meaning - it is obvious, it is logical, it is sensible, it is understandable.

49.purported (adjective)

English Meaning - supposed, claimed, professed, alleged.

50.fruitless (adjective)

English Meaning - ineffective, unproductive, unsuccessful, worthless, futile, useless.

51.nip (verb)

English Meaning - remove.

52.crafty (adjective)

English Meaning - cunning, tricky, deceitful, devious, evasive; clever, shrewd, astute, sharp.

53.condone (verb)

English Meaning - approve, sanction, justify, vindicate, endorse (something bad as acceptable).

54.in the name of (phrase)

English Meaning - for the sake of, at the behest of, for the reason of.

55.trigger (verb)

English Meaning - arouse; prompt; induce; cause; bring about.

56.on-ground (adjective)

English Meaning - relating to a place where practical work is done.

57.enforcement (noun)

English Meaning - imposition, implementation, application.