The right to litigate : On limiting the industrial exploitation of nature : Daily Current Affairs

Date: 28/04/2023

Relevance: GS-3: Conservation, Environmental Pollution, and Degradation, Environmental Impact Assessment.

Key Phrases: Common and Differentiated Responsibility, Legal Initiative for Forest and Environment, Central Bureau of Investigation, Foreign Contribution (Regulation) Act (FCRA), Commissioning Coal Plants, right to Litigate, Earth Justice.

Why in News?

The recent case filed against environmental lawyer Ritwick Dutta and his organization by the Central Bureau of Investigation (CBI) for allegedly violating the Foreign Contribution (Regulation) Act (FCRA) provisions has sparked controversy.

What is the issue?

Lawyer Ritwick Dutta and his organization, Legal Initiative for Forest and Environment (LIFE), have been accused of violating the provisions of the Foreign Contribution Regulation Act (FCRA) by receiving foreign contributions from U.S.-based NGO Earth Justice.
The Union Home Ministry filed a First Information Report (FIR) against them for allegedly attempting to stall coal projects in India through litigation.

How is it a violation of FCRA?

The FCRA regulates the acceptance and utilization of foreign contributions and prohibits the use of such contributions for activities detrimental to the national interest.
LIFE and Earth Justice are accused of using foreign funds to stall development projects in India, which would impact the country's economic security.
Besides, LIFE is accused of transferring foreign contributions it received to other NGOs, violating the FCRA.
As per the FIR, Earth Justice funded legal professionals in various countries to litigate against coal projects and paid foreign funds to LIFE to stall development projects in India, which is also a violation of the FCRA.

Foreign Contribution Regulation Act (FCRA)

The Foreign Contribution Regulation Act (FCRA) is a legislation that regulates foreign donations to associations, groups, and NGOs in India.
First enacted in 1976, it was amended in 2010 when a slew of new measures was adopted to regulate foreign donations.
The aim of the act is to ensure that foreign contributions do not negatively impact India's internal security.
NGOs must register themselves under the FCRA if they intend to receive foreign donations, and the registration is initially valid for five years.
Registered associations can receive foreign contributions for various purposes, including social, educational, religious, economic, and cultural.
NGOs must file annual returns and comply with all norms to maintain their registration.
The MHA notified new rules in 2015, requiring NGOs to provide an undertaking that foreign funds will not adversely affect India's sovereignty and integrity and operate accounts in nationalized or private banks that have core banking facilities to allow security agencies access in real-time.

India's Commitment to Reducing Fossil Fuel Dependency:

As a signatory to the UN Framework Convention on Climate Change and various key agreements, India has committed to gradually reducing its reliance on fossil fuel sources and achieving net-zero carbon emissions by 2070.
However, India has maintained its right to rely on coal plants as a developing economy under the principles of 'Common and Differentiated Responsibility.'
The cost of renewable sources such as solar, wind, and nuclear power remains higher than that of fossil fuel power.

Challenges in Commissioning Coal Plants:

While the industrialized West continues to rely on natural gas and falls short of its commitments to transfer technology and finance to developing countries to accelerate clean energy adoption, coal remains a necessary evil.
India has 28.5 GW of coal power capacity planned, and 32 GW of plants are under construction.
However, the commissioning of many plants has been delayed due to insufficient environmental clearances, land acquisition, and redevelopment and rehabilitation-related problems.
Funding for new coal plants is increasingly difficult with multilateral funding agencies refusing to fund such plants.
Many coal plants run inefficiently and rely on lenient environmental curbs, which are critical to India's power needs.

Importance of Legal Remedies:

Using legal remedies to limit the industrial exploitation of nature and ensuring just compensation is essential for a civilized democracy.
Environmental litigation plays a crucial role in preventing environmental degradation and ensuring accountability.
Criminalising the act of opposition to coal plants, when pursued via legal means, is an absurd stance for a government to adopt.
Limiting the use of legal remedies would undermine the fundamental compact of a democratic society.
Without access to legal remedies, individuals and groups would be powerless to defend themselves against powerful corporations and government agencies.

Conclusion:

The right to litigate is crucial in limiting the industrial exploitation of nature and ensuring environmental protection.
Criminalizing the act of opposition to coal plants pursued via legal means would be detrimental to India's commitments to reducing fossil fuel dependency and achieving net-zero carbon emissions by 2070.
It is imperative to continue efforts to promote the use of legal remedies to ensure environmental protection and just compensation.

Source: The Hindu BL

Mains Question:

Q. The recent controversy surrounding the legal battle against coal projects in India has raised concerns over the right to litigate and its role in limiting the industrial exploitation of nature. In this context, discuss the challenges and importance of legal remedies in ensuring environmental protection and accountability.