Manipur and Sikkim Flash Floods: Accountability under Environmental Law
- ByAdmin --
- 26 May 2025 --
- 0 Comments
The recent flash floods in Manipur and Sikkim have caused extensive damage to life, property, and infrastructure, raising critical questions about environmental accountability and disaster management in India. These disasters expose the challenges of balancing development with ecological sustainability, particularly concerning hydropower projects, deforestation, and urbanization.
Environmental Causes and Context
The fragile Himalayan ecology in both Manipur and Sikkim is vulnerable to natural disasters, but human activities have aggravated the risks:
- In Manipur, unchecked deforestation, wetland encroachment, and poor urban planning have reduced natural flood absorptive capacities.
- The proliferation of hydropower dams without adequate Environmental Impact Assessments (EIAs) has compounded flood risks.
- In Sikkim, the flash floods were triggered by a Glacial Lake Outburst Flood (GLOF) from South Lhonak Lake, which overwhelmed the Teesta III hydropower dam.
Legal Framework Governing Environmental Accountability
India’s environmental laws provide a framework for ensuring sustainable development and safeguarding ecosystems:
- Environment (Protection) Act, 1986: Empowers the central government to take measures for the protection and improvement of the environment and prohibits actions causing environmental degradation.
- Water (Prevention and Control of Pollution) Act, 1974: Regulates water pollution, vital for flood management and disaster mitigation.
- Environment Impact Assessment Notification, 2006: Mandates prior environmental clearance for projects likely to impact the environment, including hydropower projects.
- National Green Tribunal Act, 2010: Establishes a specialized tribunal for speedy environmental justice.
Accountability Issues Highlighted by the Floods
- Lack of Environmental Impact Assessments (EIA): Several hydropower projects in Manipur were commissioned without mandatory EIAs, violating the Environment Impact Assessment Notification, 2006.
- Inadequate Disaster Risk Assessment: The design and construction of dams, especially Teesta III in Sikkim, lacked sufficient consideration of GLOF risks, exposing negligence under the Environment (Protection) Act.
- Urban Planning Failures: Encroachments and deforestation in flood plains and wetlands increased vulnerability, violating guidelines under the Water Act and Environment Protection norms.
- Violation of Public Trust Doctrine: These failures contravene the principle that natural resources are held in trust by the state for public benefit, as articulated in landmark Supreme Court judgments.
Judicial and Regulatory Responses
- The National Green Tribunal (NGT) has heard petitions regarding environmental clearances and compliance of hydropower projects in the Northeast.
- In Sikkim, public interest litigations challenged the state government's decision to privatize the Teesta III project without addressing underlying ecological risks.
- SEIAA (State Environment Impact Assessment Authority) has been urged to tighten scrutiny of projects in ecologically sensitive zones.
- The Supreme Court in MC Mehta v. Union of India emphasized strict liability for environmental harm, which is applicable to these cases.
Employee and Community Rights under Environmental Law
- Right to a Healthy Environment: Recognized under Article 21 of the Indian Constitution (right to life), courts have interpreted this to include the right to a clean and safe environment.
- Right to Information and Participation: The Environment (Protection) Act and Right to Information Act, 2005 empower communities to seek information about environmental clearances and participate in decision-making.
- Compensation and Relief: The Public Liability Insurance Act, 1991 mandates compensation for victims of environmental disasters, though implementation remains a challenge.
Recommendations for Strengthening Accountability
- Mandatory and transparent Environmental Impact Assessments prior to any hydropower or development project.
- Enhanced monitoring by State Pollution Control Boards and active involvement of the NGT for compliance.
- Adoption of climate-resilient infrastructure designs, especially in flood-prone Himalayan regions.
- Community engagement and consultation in project planning, respecting indigenous and local rights.
- Strengthening disaster preparedness and ecological restoration programs in vulnerable zones.
Conclusion
The flash floods in Manipur and Sikkim highlight systemic gaps in environmental governance and regulatory oversight. Effective enforcement of the Environment (Protection) Act, 1986, the Environment Impact Assessment Notification, 2006, and active judicial intervention under the National Green Tribunal Act, 2010 are critical to preventing future disasters. Upholding the constitutional right to a healthy environment under Article 21 requires urgent collaborative action between government, judiciary, and local communities.
RELATED Blog
0 comments