The legal fiction that has helped India’s big environment violators

The Supreme Court has allowed clearances to be issued to projects after they have already come up in violation of environmental norms.

What’s common between Indian Institute of Technology Madras, Tata Steel, LG Polymers and chemical companies in Haryana? All have something to do with engineering—that’s the obvious bit. What’s less common is their tryst with India’s environmental regulations. All of them have been violators of rules that deal with the setting up of large industries and infrastructure projects. And all have, as a result, sought or received the help of a curious piece of legal fiction that has been created by the government of India and recently got the support of the Supreme Court.

This fiction is called the ex post …

Author

Nihar Gokhale

Nihar Gokhale led the Chaos coverage at The Morning Context. Nihar wrote on the environment, the economy and resource conflicts in India. He has reported from across the country on everything from displacement, pollution and environmental violations to land regulation, corruption and human rights. He was earlier associate editor at Land Conflict Watch, and his work has appeared in Scroll, The Wire, IndiaSpend, The Caravan and Mongabay India.

Editor, Chaos

nihar@mailtmc.com

Delhi