Rohingya crisis: Bangladesh urges global pressure on Myanmar
Dhaka, Sep 11: Bangladesh on Tuesday urged the international community to put more pressure on Myanmar to provide a permanent solution to the Rohingya refugee crisis and ensure their safe return.
Over 700,000 members of the mostly-Muslim Rohingya minority fled sectarian violence in Rakhine state in western Myanmar in August 2017 following a Rohingya rebel attack on government outposts and a subsequent military crackdown.
"Our past experiences suggest that Myanmar does not fulfil its obligations unless pressurized by the international community," Bangladesh's deputy minister for foreign affairs Shahriar Alam said during the presentation of a report on Rohingyas by Oxfam in Dhaka, Efe news reported.
The report was titled "One Year on: Time to put Women and Girls at the Heart of the Rohingya Response".
"We believe the strong public opinion around the world that seeks accountability of the perpetrators would help Myanmar address the root causes of the Rohingya problem and take effective measures for ensuring basic needs of the Rohingyas when they return to their homes," he said.
International pressure led Myanmar and Bangladesh to sign a deal on November 23 to repatriate Rohingyas, according to which the return of the refugees should have started on January 23.
The formal repatriation process has yet to start nine months since the deal was inked.
"The Myanmar authorities must demonstrate a strong political will as well as visible actions to address the discrimination against the Rohingyas," Alam said.
The minister said that the international community needed to keep applying pressure on Myanmar in order to gain access to Rakhine state so that the needs of Rohingya women and girls can be adequately addressed once they return to their homes.
The authorities in Myanmar do not recognize the Rohingyas as citizens and denies them basic rights, considering them instead to be Bengali immigrants.
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SC bars Centre from granting retrospective environmental clearances
New Delhi, May 16 (PTI): The Supreme Court on Friday said the right to live in a pollution free atmosphere was a part of the fundamental right as it struck down Centre’s office memorandum allowing ex post facto or retrospective environmental clearances to projects in violation of norms.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan made scathing remarks in its judgement delivered on a plea filed by Vanashakti organisation and said, "The Union Government, as much as individual citizens, has a constitutional obligation to protect the environment.”
The court said it "must come down very heavily" on the Centre's attempt to do "something which is completely prohibited under the law".
It added, "Cleverly, the words ex post facto have not been used, but without using those words, there is a provision to effectively grant ex post facto EC. The 2021 OM has been issued in violation of the decisions of this court…."
The bench, therefore, declared the 2021 office memorandum (OM) and related circulars “arbitrary, illegal, and contrary to the Environment (Protection) Act, 1986 and the Environmental Impact Assessment (EIA) Notification, 2006".
The Centre, as a result, was restrained from issuing directions for grant of ex post facto clearances in any form or manner or for regularising the acts done in contravention of the EIA notification.
“Under Article 21 of the Constitution, the right to live in a pollution free environment is guaranteed. In fact, the 1986 Act has been enacted to give effect to this fundamental right… Therefore, even the Central Government has a duty to protect and improve the natural environment,” it said.
The court ruled these measures unlawfully permitted the regularisation of projects that had violated environmental laws.
“This court in several decisions has held that the right to live in a pollution free atmosphere is a part of the fundamental right guaranteed under Article 21 of the Constitution of India,” Justice Oka, writing for the bench, said.
Referring to a March 14, 2017 a notification of the Ministry of Environment, Forest and Climate Change, the bench said it was made applicable to projects or activities that have started the work on site, expanded production beyond the limit of EC, or changed the production mix without obtaining EC.
“There is already a concluded finding of this court that the concept of ex post facto or retrospective EC is completely alien to environmental jurisprudence and the EIA notification,” it added.
The violation of the condition of obtaining prior EC must be dealt with heavy hands, it said.
“In environmental matters, the courts must take a very strict view of the violations of the laws relating to the environment. It is the duty of the Constitutional courts to do so,” it said.
The bench illustrated the drastic consequences of large-scale environmental degradation on human lives in Delhi and several other cities.
“At least for a span of two months every year, the residents of Delhi suffocate due to air pollution. The AQI level is either dangerous or very dangerous. They suffer in their health. The other leading cities are not far behind. The air and water pollution in the cities is ever increasing,” it said.
The bench said the OM was violative of fundamental rights of all persons guaranteed under Article 21 to live in a pollution free environment and it also infringes the right to health guaranteed under Article 21 of the Constitution.
Trashing the OM, the bench asked, “Can there be development at the cost of the environment? Conservation of environment and its improvement is an essential part of the concept of development.”
The top court further opined courts should come down heavily on such attempts.
"As stated earlier, the OM deals with project proponents who were fully aware of the EIA notification and who have taken conscious risk to flout the EIA notification and go ahead with the construction/continuation/expansion of projects. They have shown scant respect to the law and their duty to protect the environment,” it noted.
Apart from the violation of Article 21, such an action was stated to be in complete violation of Article 14 (right to equality) aside from being violative of the 1986 Act and the EIA notification.
The bench, however, said the ex post facto environmental clearances granted in certain cases both under the 2017 notification and the 2021 OM, at the present stage, wouldn't be disturbed.
