Aravallis need the Supreme Court’s shield

Context & The Gist

The article discusses a recent controversy surrounding the Supreme Court’s (SC) newly accepted definition of the Aravalli range. This definition, limiting the Aravallis to landforms with an elevation of 100 meters or more, is drawing criticism from expert agencies and raising fears of increased environmental degradation. The core issue is whether this narrow definition adequately protects the ecological significance of the Aravallis, a vital mountain range facing ongoing threats from quarrying and deforestation.

The article highlights a potential setback to environmental protection efforts, as the SC’s decision appears to contradict its own past rulings and the advice of its expert panels. It emphasizes the need for the SC to prioritize the preservation of the Aravallis, aligning its actions with its established environmental jurisprudence.

Key Arguments & Nuances

• The Problematic Definition: The SC’s acceptance of the 100-meter elevation criteria significantly reduces the area considered part of the Aravalli range. The Forest Survey of India (FSI) estimates this excludes over 91% of Aravalli hills exceeding 20 meters in height.
• Contradiction of Expert Advice: The decision goes against recommendations from the SC’s amicus curiae, the Central Empowered Committee (CEC), and the FSI, all of whom cautioned against such a restrictive definition.
• Historical Context of SC Rulings: The article points out that the SC has historically been a strong advocate for environmental protection, citing cases like the M C Mehta case (1996) and recent judgments recognizing the right to a healthy environment.
• Ecological Consequences: The destruction of the Aravallis could exacerbate desertification, worsen air pollution in the Delhi-NCR region, and disrupt the ecological balance of the region.
• Cause & Effect: Inconsistent criteria for defining the Aravallis have historically led to illegal quarrying. A restrictive definition risks further facilitating such activities.

UPSC Syllabus Relevance

• GS Paper 2: Governance – Issues relating to environmental protection and conservation, environmental impact assessment.
• GS Paper 3: Economy – Environmental security and its impact on economic development.
• GS Paper 3: Environment – Conservation, environmental pollution and its remedies.

Prelims Data Bank

• Aravalli Range: Oldest mountain range in India, extending approximately 700 km across Gujarat, Rajasthan, Delhi, and Haryana.
• M C Mehta Case (1996): Landmark SC judgment emphasizing the ‘polluter pays’ principle.
• Forest Survey of India (FSI): An organization under the Ministry of Environment, Forest and Climate Change responsible for assessing India’s forest resources.
• Central Empowered Committee (CEC): A committee constituted by the SC to monitor the implementation of its orders related to environmental matters.
• Environmental Impact Assessment (EIA): A process that assesses the environmental consequences of a proposed project.

Mains Critical Analysis

The core issue revolves around the tension between development and environmental protection. The SC’s decision, while potentially aimed at facilitating regulated mining, risks undermining the ecological integrity of the Aravallis. This highlights a critical gap in balancing economic interests with long-term environmental sustainability.

PESTLE Analysis

• Political: The decision reflects the influence of the Union Environment Ministry and raises questions about the SC’s responsiveness to expert advice.
• Economic: The new definition could open up areas for mining and quarrying, potentially boosting economic activity but at an environmental cost.
• Social: Local communities dependent on the Aravallis for their livelihoods could be negatively impacted by environmental degradation.
• Technological: The use of remote sensing and GIS technology by the FSI provides a scientific basis for defining the Aravallis, which seems to have been overlooked.
• Legal: The decision contradicts the SC’s own established environmental jurisprudence and raises concerns about the consistency of its rulings.
• Environmental: The most significant impact, potentially leading to desertification, biodiversity loss, and increased pollution.

The implications are far-reaching. A weakened Aravalli range could have cascading effects on the regional climate, water resources, and air quality. The SC’s acceptance of a definition that disregards scientific evidence sets a dangerous precedent for future environmental cases.

Value Addition

• Aravalli Landscape Restoration Action Plan (May 2023): The Environment Ministry’s own plan emphasizes the need to protect the Aravallis against deforestation, mining, and encroachment.
• Vanashakti Case (2023): The SC’s initial verdict deeming post-facto environmental clearances illegal (later recalled) demonstrates its commitment to upholding environmental norms.
• Quote: “The right to a healthy environment is a fundamental right.” – Supreme Court of India (various judgments).

Context & Linkages

This past article provides crucial context, detailing the initial concerns surrounding the proposed definition change and highlighting the potential for a 90% reduction in the protected area of the Aravallis in Rajasthan. It underscores the continuity of the issue and the ongoing struggle to protect this vital ecosystem. The current article builds upon this previous reporting, focusing on the SC’s final decision and its implications.

This article highlights a broader trend of the SC revisiting its environmental jurisprudence. The recall of the verdict against post-facto environmental clearances suggests a potential shift towards prioritizing development concerns over strict environmental enforcement, which is relevant to the Aravalli case as well. It raises questions about the consistency and predictability of the SC’s approach to environmental issues.

The Way Forward

• Review the Definition: The SC should reconsider its decision and adopt a scientifically grounded definition of the Aravallis, based on the recommendations of expert agencies like the FSI and CEC.
• Strengthen Enforcement: Implement stricter monitoring and enforcement mechanisms to prevent illegal quarrying and deforestation in the Aravalli range.
• Community Participation: Involve local communities in the conservation efforts, recognizing their traditional knowledge and dependence on the Aravallis.
• Integrated Land Use Planning: Develop a comprehensive land use plan for the Aravalli region, balancing development needs with environmental protection.
• Promote Sustainable Mining Practices: If mining is permitted, ensure it is conducted using sustainable practices that minimize environmental damage.