3.5.3 EIA in Developing Countries
Environmental management in developing countries came into being, mostly, after the Stockholm conference. Although some developing countries formalised EIA requirements during the mid seventies (e.g. Columbia in 1974 and Malaysia in 1977), in most of the developing countries requiring EIA the administrative or legislative measures have been taken only in the eighties. The geographical, political and social situations in the developing countries vary widely from country to country and so do the EIA systems. In some developing countries EIA requirement get the backing of mandatory regulations, acts or statutes, while in some others EIA guidelines have been issued by appropriate environmental agencies (usually the government environment department). In the latter case enforcement is done through administrative requirements. EIA systems in developing countries have been discussed by various authors, e.g., Thanh (1983), Sudara (1984), Wood (1995), Moreira (1988), Biswas and Agarwala (1992), Ahmad and Sammy (1985), Summy (1982), Tharun et al. (1983), Biswas and Geping (1987) and Briffett (1996).

There are wide ranging problems facing the effectiveness of EIA implementation in developing countries. The problems often originate from non-availability of adequately trained persons (Sadara 1984). Real understanding of the EIA procedure is often lacking and this lack of real understanding the actual implementation and performance EIA in many developing countries have till date, been rather poor. EIA is often looked upon as a legal or administrative requirement and most EIAs try to justify a project decision already made and are concerned mainly with remedial measures. Early consideration of project alternatives is rarely attempted. EIA models suitable for temperate climates of many developed countries are often applied without necessary modifications in developing countries having tropical or sub-tropical climate.

This often leads to erroneous results and interpretations. EIA studies face additional difficulties due to near total absence of environmental database.

In relation to the projects covered and the impacts assessed, the EIA system coverage in developing countries is, more often than not, very patchy (Wood 1995). In most cases 'screening' is not undertaken and EIA requirements are decided exclusively by legal or funding agency requirements. As has been emphasised earlier in this chapter, the importance of 'scoping' in EIA process can hardly be over stressed. However, 'scoping' is frequently missing in developing countries. Countries with established EIA procedures, include, - Brazil, China, Egypt, India, Indonesia, Malaysia, Pakistan, The Philippines, South Africa and Thailand. Many EIA commentators including Sammy (1982), Sanwal (1995) and Majumdar (1996) have found the EIA systems in developing countries to be grossly inadequate. This author is completely in agreement with Wood (1995) in stressing the importance of political will and the role of development assistance agencies:

"However, the biggest constraint to effective EIA in developing countries is lack of political will. As in the developed world, only widespread popular demand for environmental management will ensure that effective EIA systems are introduced in developing countries. The development assistance agencies have a major role to play here. Since the pace of change is so much greater in developing countries, it would be appropriate for a greater proportion of the world's EIA expertise (appropriately adapted) and resources to be devoted to them if real progress towards sustainable development is to be made".

3.5.4 Development in India
The Forty-Second Constitution (Amendment) Act, 1977 specifically places an obligation on the state to 'protect and improve the environment' and to 'safeguard the forests and wildlife of the country' (article 48 A). The Indian Constitution also lays down the duty of every citizen 'to protect and improve the natural environment' and 'to have compassion for living creatures' (article 51 A(g)).

The first important piece of legislation at the central level was the Water (Prevention and Control of Pollution) Act, 1974 which was followed by the Air (Prevention and Control of Pollution) Act, 1981.

The Environment (Protection) Act, 1986 provides the Central government with the powers to take all such measures as it deems necessary or expedient for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution. This Act is the key framework legislation based on which the central government has made EIA mandatory for 29 categories of projects, by issuing EIA notification 1994.

EIAs had been carried out in India since the late 1970's in compliance to foreign donor agency requirements (Banham and Brew 1995). From 1982 onwards most projects requiring clearance from the Planning Commission had to obtain environmental clearance from the Department of Environment. This required preparation of Environmental Management Plan (EMP) based on EIA study. Similarly the Public Investment Board of India required public sector projects to obtain environmental clearance to be eligible for consideration for financing. The Forest (Conservation) Act, 1980 also requires environmental clearance for projects involving diversion of forest land-over 20 hectares.

Till 1994, obtaining environmental clearance was only an administrative requirement for the so called 'mega projects' requiring clearance from the Planning Commission or for public sector projects requiring funding through Public Investment Board. A comprehensive 'notification on environmental impact assessment of development projects' has been issued by the central government. The notification makes EIA mandatory for 29 types of projects. Some site-specific projects also require separate site clearance.

In order to obtain environmental clearance the proponent undertakes EIA study as per the guidelines issued by the Mnistry of Environment and Forests (MOEF). The EIA reports so prepared are submitted, along with other documents to the impact assessment agency (IAA). As of now the MOEF itself is the IAA. Usually an EIA report is evaluated by a sector specific 'Expert Committee' duly constituted for the purpose. The Expert Committee draws its members from various disciplines. On the recommendation of the expert committee environmental clearance is granted by the IAA.

EIA system in India suffers from almost all the demerits previously listed for developing countries. EIA procedure and practice as followed in India is further analysed in the next chapter.