The Delhi-Dehradun Expressway Project (NH-72A), spanning approximately 210 km, aims to reduce travel time between Delhi and Dehradun from 6 hours to 2.5 hours. It includes tunnels, elevated corridors, and greenfield stretches passing through the Shivalik Elephant Reserve, Rajaji National Park, and fragile Himalayan foothills.
The project is seen as a key driver for boosting tourism and trade, enhancing connectivity to Uttarakhand, including Char Dham pilgrimages and reducing logistics costs for industries.
However, the project has faced strong criticism from environmentalists, ecologists, and local communities for causing large-scale deforestation in which over 10,000 trees are marked for felling, including Sal, Teak, and other native species. It would bring habitat fragmentation including threat to wildlife corridors, especially for elephants and tigers in the Rajaji landscape. It can increase landslide and flash flood risks due to slope destabilization and hill-cutting activities and threaten to water recharge zones and rivers like the Song River, crucial for Dehradun’s groundwater.
There are very strong reasons to review the project. The environmentalists, ecologists, and local communities have threaten to go to the court for intervention and any court intervention may result into delay in the project, which may increase the project cost.
Suppose you are the head of the EIA of the ministry of environment and project clearance is under your jurisdiction, then
a. Discuss the ethical dilemmas faced by you in this case study.
b. What are the options available to you in this case?
c. Evaluate the options and choose the most appropriate, giving reasons.
ANS.
“Ethics is knowing the difference between what you have a right to do and what is right to do.” — Potter Stewart.
LEGAL/CONSTITUTIONAL FRAMEWORK
CONSTITUTIONAL
1. Article 21: Right to life includes safe working conditions
2. Article 48A: Protection and improvement of environment and safeguarding of forests and wildlife.
LEGAL
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- Environment (Protection) Act, 1986
- Forest Conservation Act, 1980
- Wildlife (Protection) Act, 1972
- Biological Diversity Act, 2002
- Water (Prevention and Control of Pollution) Act, 1974
ETHICAL FRAMEWORK
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- Deontological Ethics (Duty-based)
- Utilitarianism (Outcome-based)
- Intergenerational Equity (preserving resources for future generations).
- Environmental Ethics (protecting the inherent value of nature).
a. Ethical Dilemmas:
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- Evidence-based approach vs. ethical responsibility: Whether evidence should be looked of similar projects and how development and environment were balanced vs. one should go by the absolute responsibility to protect environment. NITI Aayog evidence based policy making vs. MC Mehta absolute responsibility.
- Deep ecology vs. Anthropocentrism: Deep Ecology is a biocentric ethical philosophy that recognizes inherent value in all living beings — regardless of their usefulness to humans. Anthropocentrism is the view that human beings are the central or most significant entities in the universe.
- Short-Term Benefits vs. Long-Term Sustainability: Approving the project may bring immediate economic and political gains but could lead to irreversible ecological degradation (deforestation, landslides, floods).
- Rights of Humans vs. Rights of Nature: Protecting livelihoods of local communities dependent on forests, and respecting the intrinsic value of wildlife and ecosystems.
- Pressure from Political and Industrial Stakeholders vs. Public Interest: Political pressure may push for approval, but my duty lies in ensuring that public interest and environmental security are not compromised.
b. Options Available:
1. Approve the project with minimal safeguards, focusing on development and economic benefits.
2. Reject the project outright to fully protect the fragile ecosystem, wildlife habitats, and prevent deforestation.
3. Approve the project with stringent environmental safeguards, aligning the project with sustainable practice, and strict monitoring mechanisms.
4. Seek the view of the experts-third party and then take decision.
c. Evaluate Options yourself with pros and cons
Most Appropriate option is (c). Under this option, following actions will be taken:
1. Reduced tree felling through route modifications.
2. Mandatory wildlife corridors and eco-bridges.
3. Advanced slope stabilization technologies.
4. Strict compensatory afforestation near project zones.
5. Mandatory environmental audits at every construction phase.
Justifications:
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- Balances economic and ecological interests.
- Incorporates sustainable technologies.
- Promotes eco-sensitive development.
Lafarge Umiam Mining Case (2011)
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- Issue: Mining of limestone in Meghalaya for a cement plant, in a forest area.
- Judgment: Supreme Court allowed mining but emphasized the need for “forest clearance” and environmental safeguards.
Ethical theory of Utilitarianism: Maximizing well-being of all stakeholders over the long term.
Justification with Example: evidence-based approach
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- Similar approach used in Mumbai Coastal Road Project, where court-mandated environmental conditions reduced ecological harm while allowing essential infrastructure.
- Also mirrors measures in Kenya’s Nairobi Expressway, where wildlife corridors were integrated into design to minimize ecological impacts.
- Even in the same project, the government has ensured that precautionary approach like Mumbai Coastal Road Project is followed.
“Nature provides enough to satisfy every man’s needs, but not every man’s greed.” — Mahatma Gandhi
Conclusion:
A judicious environmental clearance decision in such projects must integrate both legal compliance and ethical responsibility, ensuring that economic growth proceeds in a sustainable, inclusive, and ecologically sensitive manner. “We won’t have a society if we destroy the environment.” — Margaret Mead.
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