Yamuna Flowing Above Danger Mark In Delhi, Evacuations Begin

The Yamuna had breached the danger mark of 205.33 metres on August 12, following which around 7,000 people were evacuated from the low-lying areas near the riverbanks.

New Delhi: Authorities on Tuesday started evacuating people living in the low-lying areas near the Yamuna banks in Delhi with the water level in the river rising to 206.18 metres, much above the danger mark of 205.33 metres and the highest this year so far, following incessant rains in the upper catchment areas.

East Delhi District Magistrate Anil Banka said an evacuation alert was issued Tuesday morning after the water level crosses the 206-metre mark.

“People living in low-lying areas near the riverbanks are being evacuated and shifted to higher grounds. Arrangements have been made for their stay at government schools and night shelters in nearby areas,” he said.

Announcements are being made to caution people about a further increase in the water level, Banka said.

The low-lying areas near the river in Delhi are considered vulnerable to flooding. They are home to around 37,000 people.

This is the second time within two months that the authorities are evacuating the people living in the river floodplains due to flooding.

The Yamuna had breached the danger mark of 205.33 metres on August 12, following which around 7,000 people were evacuated from the low-lying areas near the riverbanks.

The water level had shot up to 205.99 metres on August 13 before the river started receding.

The Delhi flood control room said the water level at the Old Delhi Railway Bridge crossed the evacuation level of 206 metres at 5.45 am on Tuesday. The river swelled to 206.18 metres by 9 am. It predicted that the water level may increase to 206.5 metres between 3 pm and 5 pm.

The authorities reported a discharge rate of around 96,000 cusecs at 7 am from the Hathnikund barrage in Haryana.

The discharge rate was 2,95,212 cusecs at 6 am on Monday, which is the highest so far this year. One cusec is equivalent to 28.32 litres per second.

Normally, the flow rate at the Hathnikund barrage is 352 cusecs, but the discharge increases after heavy rainfall in the catchment areas.

The water discharged from the barrage normally takes two to three days to reach the national capital.

Incessant rains have battered parts of Uttarakhand, Himachal Pradesh and north Uttar Pradesh over the last few days. Delhi also recorded a four-day long rain spell starting September 21.

The catchment of the Yamuna river system covers parts of Uttar Pradesh, Uttarakhand, Himachal Pradesh, Haryana, Rajasthan, Madhya Pradesh and Delhi.

Last year, the Yamuna river breached the danger mark on July 30 and the water level at the Old Railway Bridge rose to 205.59 metres.

In 2019, the flow rate had peaked at 8.28 lakh cusec on August 18-19, and the water level in the river had hit the 206.60-metre mark.

In 1978, the river had swollen to the all-time record water level of 207.49 metres. In 2013, it had risen to 207.32 metres.

(PTI)

Compensatory Afforestation Is Not the Ultimate Solution to Delhi’s Tree Fellings

Many afforestation projects have replaced natural forests with plantations – they have turned common lands used by landless farmers into enclosed zones and displaced people from ‘green areas’.

The Central government’s redevelopment project in New Delhi has been in the news for causing extensive tree felling in the city. The project is advertised as using modern construction technology and green building norms. But the ecological losses and environmental impacts that this project will cause is slowly unravelling because of all the insightful questions posed by Delhi’s citizens. Several resident welfare associations (RWAs) and citizens collectives have written to the environment ministry to revoke approvals to these projects would  “result in massive loss of trees, water consumption, dust and noise pollution. Delhi is already facing severe air pollution and doctors have warned residents about its effects on health, especially of children.”

Johripur RWA’s letter to the environment ministry. Credit: URJA

To all the questions, the Central government’s only repetitive and rather unthinking response has been compensatory afforestation (CA). The assertion of the Ministry for Housing and Urban Affairs is that “Compensatory plantation of trees is being carried out in a ratio of 1:10, i.e. ten trees are being planted against the loss of one tree. Thus, 1,35,460 trees shall be planted, which will create an “urban forest”. But this shows a shallow ecological understanding of our decision-makers.

The ministry has received many responses from common citizens about how planting trees far away from the city is not going to help Delhi residents cope with the polluted air, dust, heat and groundwater problems. In addition, there is another set of reasons why the CA argument is seen as a “greenwash” used by projects that are fundamentally very resource intensive.

Unasssessed afforestation sites

According to the approval letters for two of the seven redevelopment sites, 39,550 saplings are to be planted by the forest department in lieu of the felling of full grown trees in South Delhi. The NBCC has been asked to deposit a sum of Rs 22.54 crore to the deputy conservator of forests (South) designated as the tree officer under the Delhi Preservation of Trees Act, 1994 for compensatory afforestation.

Zone O in the Delhi development masterplan (MPD) is the floodplain of the Yamuna river that runs along the boundary of the National Capital Region from North to South. It covers an area of about 9,700 hectares as per MPD 2001. This area is regularly used for compensatory afforestation projects in Delhi. For this project too, the afforestation sites are located here.

If the ecological premise of this project rests so much on CA, did anyone study if the floodplains are the best place for afforestation? More importantly, are floodplains meant to be turned into forests? Do they not have an ecology of their own that is valuable to society? Did anyone look into what that would do to the river that flows through the floodplains and sometimes spills out of its banks? The project reports offer no answers to these questions.

Harijan Basti Karawal Nagar letter to the environment ministry. Credit: URJA

Hidden impacts

The truth is that project Environment Impact Assessments (EIAs) have made a habit of deliberately concealing the true nature of projects in order to obtain approvals. Ideally, if the tree felling by these redevelopment plans is really to be offset by large scale afforestation in another location, the afforestation sites should be considered  “project sites” as well. They must be carefully assessed for who lives there and how the land is used, what conditions might hinder or encourage the afforestation, who will be in charge and how the plantation project will be monitored? But these details are usually not even thought through when plantations are offered as the easy solution to tree felling.

Many afforestation projects have replaced natural forests with plantations, they have turned common lands used by landless farmers into enclosed zones and they have displaced people from “green areas”. These have generated opposition and conflict from ecologists and local communities for good reason. They have shown that “development” projects not only alter the construction sites but also impact land use practices elsewhere through mitigation measures like afforestation. In this case too, many citizens have rightly been concerned that CA will be a non-starter as it will be impossible to find exclusive land for plantations.

So, it is not a matter of surprise or accident that the rate of success with CA is so low in India. The CAG’s report concluded that the shortfall of compensatory plantations in Delhi from 2014-17 was as much as 67%. According to a 2018 report of the Comptroller and Auditor General’s office, the “NBCC obtained permission to fell 1,123 trees during 2014-17 for East Kidwai Nagar Project on security deposit of Rs 4.51 crore. DCF (South) had issued this permission but the division did not do any compensatory tree plantation during 2014-17 whereas NBCC planted 1,354 trees against a requirement of 8,165 trees. There was no evidence in the files of the forest department to show whether it ensured tree plantation by NBCC.”

Floodplains as empty lands

The Ministry of Urban Development that is committed to raising “urban forests” on the Yamuna floodplains sees this ecological landscape as a vast empty stretch. This is not the first time a project has been allowed to undo this. The legal cases on the Art of Living project (OA 65 of 2016) and the construction of the Commonwealth Games village (S.L.P. (C) No.s 29055- 29056 of 2008) made some important observations. The courts stated in those cases:

“Flood plains of river are not waste lands. These should not be treated as lands lying fallow…” (OA 65 of 2016)

“Although these urban planning proposals have emphasized the integration of the river in the life of NCT-Delhi, the ecological role of the flood plains and its conservation imperatives, the land-water interface phenomena, and aesthetic, recreational and navigational potential have not been adequately emphasized…” (S.L.P. (C) No.s 29055- 29056 of 2008)

Yet, approving authorities such as the environment ministry and the forest department treat the floodplains as available for mass plantations.

The dangers of offsets

It is now commonly accepted that every project has environmental impacts. However, it is very important to notice, assess and factor in the consequences of environmental offsets of developmental projects. They are usually dumped on places and people that are beyond our immediate vision. Compensatory afforestation is the favourite tool of agencies who promote development at great cost to society and the environment. They believe that altering ecology is easier than changing the present course of urban development. But that is simply not a belief worth pursuing anymore.

Delhi’s citizens have made it quite clear that they love the trees of the city and will not let them be felled. They are also the only ones who may be able to protect the Yamuna floodplains from our government’s idea of development.

Manju Menon and Kanchi Kohli are environmental researchers at Centre for Policy Research, New Delhi.

National Green Tribunal Holds Art of Living Responsible for Damage to Yamuna Floodplains

The Tribunal has also directed that the Rs 5 crore paid by the organisation as a fine be utilised by the DDA for restoration of the affected area.

The Tribunal has also directed that the Rs 5 crore paid by the organisation as a fine be utilised by the DDA for restoration of the affected area.

Site of World Culture festival organised by Sri Sri Ravi Shankar's Art Of Living foundation on the floodplains of the Yamuna in March 2016. Credit: PTI

Site of World Culture festival organised by Sri Sri Ravi Shankar’s Art of Living foundation on the floodplains of the Yamuna in March 2016. Credit: PTI

New Delhi: The National Green Tribunal (NGT) today held Sri Sri Ravi Shankar’s Art of Living (AoL) “responsible” for causing damage to the Yamuna floodplains by conducting the World Culture Festival there and directed that the Rs 5 crore paid by the organisation in fine be utilised by the Delhi Development Authority (DDA) for restoration of the affected area. In its response, AoL said it would move the Supreme Court against the verdict.

The NGT bench – headed by its chairperson Justice Swatanter Kumar – which has been hearing the issue since before the event was even held, said in its order: “We hold Art of Living responsible for the damage to the Yamuna floodplains. We hold them responsible for the restoration to be carried out by the DDA.”

The bench had last year imposed a Rs 5-crore fine on AoL, which was paid in two tranches by the foundation. It had first deposited Rs 25 lakh with the DDA and a few months later had deposited the remaining amount of Rs 4.75 crore.

In its order, the NGT said the DDA would carry out the restoration work only after Sri Sri’s foundation had deposited the remaining amount.

The forum had imposed the fine as interim environmental compensation for the damage caused by the event and had declared that if the cost of restoration exceeded Rs 5 crore then the DDA would be entitled to recover the same from the foundation itself.

The green forum also chastised the DDA for allowing the event on the floodplains. “The DDA has failed to perform its statutory functions of maintaining the ecology. It shall assess the quantum of damage and carry out the restoration work,” the bench said.

While AoL has deposited Rs 5 crore for now, the cost of restoration is expected to be much higher if the assessment of a committee constituted to probe the matter is anything to go by. An expert committee, headed by water resources secretary Shashi Shekhar had stated in April that it could cost as much as Rs 13.29 crore to restore the floodplains. It had also observed that the exercise could take up to ten years.

In its 47-page report, the high-powered panel had stated that the floodplains had lost “almost all its natural vegetation” like trees, shrubs, tall grasses, aquatic vegetation, including water hyacinth that provides habitat to a large number of animals, insects and mud-dwelling organisms because of the three-day event. The case had pegged various arms of the government against each other as while the committee had found faults with the event, the Ministry of Environment, Forests and Climate Change had contended that as per a 2006 environment impact assessment report, the festival did not require any environmental clearance.

The arguments in the matter had continued thereafter and after their completion, the NGT had in November reserved its verdict.

For its part, the DDA had submitted that it had drawn up plans for beautification, afforestation, development of wetland and ecological restoration of the Yamuna floodplains. It had also put forth a timeline saying that 7-8 months would be needed for the tendering process for the two phases of Yamuna Floodplain Development Programme.

According to petitioner Manoj Misra’s advocate Sanjay Parikh, the DDA had also stated that it would further assess and set quantum of damage and submit a final compensation amount. “If the amount is more, it is to be taken from Art of Living for the damage caused. If it is less, the rest of the amount will be refunded,” he said.

In its response, the Art of Living said it was “disappointed with the decision” of the NGT as its submissions were “not dealt with/considered”. Stating that it would appeal to the Supreme Court, the organisation said the World Culture Festival was conducted to “spread the message of global peace and harmony in diversity by bringing together spiritual and religious leaders, politicians, peacemakers and artists from across the world”.

It said the event was conducted by “complying with all environmental norms by procuring approvals from the Ministry of Environment, Forests and Climate Change department, the Delhi Pollution Control Committee, the Uttar Pradesh Irrigation Committee, Delhi Disaster Management Authority, Irrigation and Flood Control Department of Delhi and others.”

Stating that it was committed to work towards the good of the society, the AoL said it was confident of getting justice from the apex court.

Submit Action Plan on Restoring Yamuna Floodplains Where Art of Living Held Event, NGT Tells DDA

DDA has been told to submit a report within a week, after consulting the expert panel’s assessment of damages.

DDA has been told to submit a report within a week, after consulting the expert panel’s assessment of damages.

Site of World Culture festival organised by Sri Sri Ravi Shankar's Art Of Living foundation on the floodplains of the Yamuna in March 2016. Credit: PTI

Site of World Culture festival organised by Sri Sri Ravi Shankar’s Art Of Living foundation on the floodplains of the Yamuna in March 2016. Credit: PTI

New Delhi: The National Green Tribunal today directed the DDA to submit an action plan with regard to restoring Yamuna floodplains where the Art of Living’s (AOL) World Cultural Festival was held last year.

A bench headed by NGT chairperson Justice Swatanter Kumar directed the Delhi Development Authority (DDA) to nominate a senior officer and submit the report within a week.

“We direct DDA to nominate a senior officer as a member of a committee which shall constitute chief engineers from the irrigation departments of Delhi and UP. This committee shall submit an action plan with reference to flood plains of Yamuna where AOL’s event was held last year,” it said.

The tribunal also directed the committee to consult and refer to the findings of the expert panel, appointed by NGT earlier to assess the damage caused to the Yamuna floodplains, before submitting the action plan.

Advocate Sanjay Parikh, appearing for petitioner Manoj Mishra, sought urgent directions from the bench seeking restoration of the damaged Yamuna floodplains.

He said that monsoon has already arrived and immediate orders were required for rejuvenation of Yamuna floodplains.

However, advocate Nikhil Sakhardande, appearing for the AOL, opposed the submission and said that no direction was required at this stage because the matter was part heard and hearing in the main case is still going on.

He also said that rains had occurred after the event last year as well, adding that the matter should be heard in detail on the date already scheduled. The matter is now fixed for hearing on July 28.

Earlier, the AOL foundation, headed by Sri Sri Ravi Shankar, had questioned the findings of an expert committee of the NGT on the damage caused to the Yamuna floodplains after a three-day cultural event organised by it.

It had also raised doubts over the satellite images used by the experts committee headed by Shashi Shekhar, secretary of the Ministry of Water Resources, to estimate the damage.

Earlier, the NGT had slammed the DDA for casting aspersions on the findings of its expert committee on the damage caused to the Yamuna floodplains due to this cultural event.

The green panel had also questioned the DDA for granting permission to AOL, despite three initial rejections, and said the civic body should have exercised proper caution while granting approval to the cultural extravaganza.

Earlier, an expert committee had told the NGT that a whopping Rs 42.02 crore would be required to restore the Yamuna floodplains which was ravaged due to the cultural extravaganza.

NGT Pulls up DDA for Questioning Findings of Expert Panel That Assessed Yamuna Damage

The expert committee had stated that Rs 42.02 crore would be required to restore the floodplains from the damage caused to it by the Art of Living’s cultural event.

The expert committee had stated that Rs 42.02 crore would be required to restore the floodplains from the damage caused to it by the Art of Living’s cultural event.

The Art of Living Foundation paid only Rs. 25 lakhs of the fine the National Green Tribunal imposed on it for damaging the Yamuna floodplain. Credit: PTI

The DDA counsel has contended that he has only questioning the basis of the findings of the committee. Credit: PTI

New Delhi: Fourteen months after the Art of Living organised a mega three-day cultural event on the banks of Yamuna, the issue of the damage caused to the floodplains is still hanging fire with the National Green Tribunal (NGT). The various agencies that were involved with the event or had given permission for it are passing the blame on each other.

On Thursday, May 11, the NGT pulled up the Delhi Development Authority (DDA) for questioning the conclusions drawn by the seven-member expert committee that had evaluated the damage caused.

NGT chairperson Swatanter Kumar stopped the DDA counsel from casting aspersions on the panel saying “it is not fair” to pass comments on those who were committed to the protection of the environment. The panel was headed by Shashi Shekhar, the secretary in the Ministry of Water Resources, and comprised senior scientists and experts from National Environmental Engineering Research Institute, IIT-Delhi and other agencies.

The DDA counsel then contended that he was only questioning the basis of the findings of the committee and the technology adopted by it to arrive at the conclusions. The expert committee had in its report in April stated that Rs 42.02 crore would be required to restore the Yamuna floodplains.

Following the report of the committee on the damage to the floodplain, which was allegedly ravaged due to the cultural extravaganza, AOL founder Sri Sri Ravi Shankar had stated that if anyone should be fined for the damage, it is the NGT, which had allowed the event to go through. His alleged defamatory statements against the tribunal with respect to environmental degradation on the Yamuna floodplains had drawn the ire of the NGT.

On April 27, the NGT issued a notice in a contempt plea to Sri Sri Ravi Shankar for accusing the Centre and the tribunal of damaging the Yamuna floodplains by allowing the event to take place. The contempt plea against NGT was moved by the main petitioner in the original case, Manoj Mishra, the convener of Yamuna Jiye Abhiyan.

When the contempt plea came up for hearing on May 9, the Delhi government, central government and the DDA all refused to take any responsibility for the damage caused to the floodplains.

The Ministry of Environment, Forest and Climate Change submitted that it had no role to play as no clearance was required for the event under the environment impact notification and, therefore, it could not be held accountable for the damage. But the ministry offered to assist with the rejuvenation and restoration of the floodplains.

Similarly, the DDA, which also comes under the Centre through the Ministry of Urban Development, submitted that it could not be held “vicariously liable” as it only gave permission for the event.

Its advocate said the floodplain demarcation was not done at the time the permission was granted to the AOL for the event and hence the department cannot specify clearly whether there was impact on the floodplain or not.

It also submitted that it did not know the scale of the event at the time it permitted its conduct.

Its counsel stated that permission was granted to AOL for the festival after making it clear to them that no permanent or semi-permanent construction of any kind would be allowed on the riverbed.

Sri Sri Ravi Shankar’s World Culture Festival Destroyed Yamuna Floodplain: NGT Panel

The committee observed that the entire floodplain area used for the main event has been completely destroyed, not simply damaged.

The committee observed that the entire floodplain area used for the main event  has been completely destroyed, not simply damaged.

Workers make arrangements for the three-day World Peace Festival organised by spiritual guru Sri Sri Ravi Shankar in New Delhi in March. Credit: PTI

Workers make arrangements for the three-day World Peace Festival organised by spiritual guru Sri Sri Ravi Shankar in New Delhi. Credit: PTI

The rehabilitation of the Yamuna floodplain, “destroyed” due to a cultural extravaganza organised by Sri Sri Ravi Shankar’s Art of Living (AOL), will cost Rs 13.29 crore and take almost ten years, an expert committee has told the National Green Tribunal (NGT).

The expert committee, headed by Shashi Shekhar, secretary of the Ministry of Water Resources, has informed the green panel that major restoration work has to be carried out to compensate for the damage to Yamuna floodplains.

“It has been estimated that approximately 120 hectares (about 300 acres) of floodplains of west (right bank) of the river Yamuna and about 50 hectares (120 acres) floodplains of the eastern side (left bank) of the river have been adversely impacted ecologically at different magnitudes,” it said.

The green body had last year allowed AOL to hold a three-day ‘World Culture Festival’ on the Yamuna flood plains while expressing its helplessness in banning the event because of “fait accompli”.

It, however, imposed Rs 5 crore as an interim environmental compensation on the foundation for the event’s impact on the environment.

Initially, a four-member committee had recommended that the AOL Foundation should pay Rs 100-120 crore as the restoration cost for “extensive and severe damage” to the floodplains of Yamuna river.

Later, a seven-member expert committee told the NGT that the event organised on Yamuna has “completely destroyed” the riverbed.

Entire area destroyed, not just damaged

The committee had observed that the entire floodplain area used for the main event site between the DND flyover and the Barapulla drain (on the right bank of river Yamuna) has been completely destroyed, not simply damaged.

“The ground is now totally levelled, compacted and hardened and is totally devoid of water bodies or depressions and almost completely devoid of any vegetation.

“The area where the grand stage was erected (and the area immediately behind it) is heavily consolidated – most likely with a different kind of external material used to level the ground and compress it.

“Huge amount of earth and debris have been dumped to construct the ramps for access from the DND flyover and from the two pontoon bridges across the Barapulla drain,” the expert committee said.

The committee, in its 47-page report, has said that due to the three-day event, the floodplain has lost “almost all its natural vegetation” like trees, shrubs, tall grasses, aquatic vegetation including the water hyacinth which provides a natural habitat to a large number of animals, insects and mud-dwelling organisms.

Satellite Imagery May Provide Concrete Evidence in Yamuna Floodplains Case

While the case is now scheduled for the next hearing on August 28, the final outcome of the damage caused, if any, will ultimately be decided based not on rhetoric but on some solid scientific evidence.

While the case is now scheduled for the next hearing on August 28, the final outcome of the damage caused, if any, will ultimately be decided based not on rhetoric but on some solid scientific evidence.

Workers make arrangements for the three-day World Peace Festival organised by spiritual guru Sri Sri Ravi Shankar in New Delhi in March. Credit: PTI

Workers make arrangements for the three-day World Peace Festival organised by spiritual guru Sri Sri Ravi Shankar in New Delhi in March. Credit: PTI

Satellite imagery of the Yamuna floodplain – before and after the Art of Living Foundation (AOL) held a World Culture Festival there – now appears to hold the key to the National Green Tribunal deciding on whether and how much the event harmed the fragile biodiversity of the area.

The expert committee, constituted by the tribunal to investigate the ecological damage to the floodplains, submitted a report on its findings on July 28. Based on satellite images from March 15 and May 10, as well as observations from a site visit in June, the committee reported that the “entire floodplain area used for the main event site” had been “completely destroyed” and that the ground was now “totally levelled, compacted and hardened, totally devoid of water bodies or depressions, and almost completely devoid of any vegetation”.

However, AOL has trashed these findings.

While interacting with the media on Thursday, an AOL spokesperson said that “no wetland” ever existed on the Yamuna floodplain and no environmental clearance was required for conducting social or religious events like the Kumbh Mela on the floodplain. Apart from this, a team of environmental experts, speaking on behalf of the foundation, have also argued that they have authenticated satellite evidence as proof that contradicts the expert committee’s assertions that “cultivation and agricultural activity” had been taking place at the site.

Rejecting the findings of the expert committee, which also asserted that the event had caused “invisible loss of biodiversity” and that this biodiversity “may never be able to return”, the Art of Living stated that “no wetland” ever existed on the Yamuna floodplain, where the main event took place. It insisted that “the [expert committee] report shows no application of mind and is based on just visual assessment. There is no reasoning that supports the conclusions they seem to have come to. There is no analysis, no in-depth investigation, nor any test reports to support these conclusions. Considering the facts above, the report submitted by the committee amounts to nothing less than a scientific fraud.”

Appearing on behalf of AOL, B. Prabhakar Rao, an environment and landscape expert, claimed that “for a wetland, we need environmental clearance. And in case of floodplains, there is no need for any environmental clearance.” AOL is also relying on satellite date to prove that there was no wetland on the site where the event took place.

As a trustee of the Sri Sri Institute of Agricultural Sciences and Technology Trust, Rao, was quoted as saying that the foundation had authenticated satellite images from April 2000 “that show that the DND flyway is complete, contractor road is made, and alongside the slope is the compacted road. We have spot Google images, which are authenticated with a stamp from 2000 up to 2016, that clearly show this to be an agricultural land.”

Rao also insisted that the foundation had “satellite images from 2000 which show that the roads and the ramps already existed. These ramps and roads are now wrongly alleged to be made by us. Images also show there was no biodiversity in this part of the floodplain given to AOL. A picture from 17 April of the core area where the stage actually stood shows that the grass has started growing again. That shows that the roots have not been touched and no damage done at all.”

While the case is now scheduled for the next hearing on August 28 and AOL has made up its mind to pursue its demand for reconstituting the seven-member expert committee – which is chaired by water resources secretary Shashi Shekhar and comprises environmental experts C.R. Babu and Brij Gopal among others – the final outcome of the damage caused, if any, because of the event, will ultimately be decided not on the basis of the rhetoric but on some solid scientific evidence which both sides claim to be in possession of.

Art of Living Damaged Yamuna Floodplains, Expert Panel Informs Green Tribunal

In their submission of a penalty of Rs 120 crore, that is not based on any scientific assessment, the expert committee may have harmed their own cause.

In their submission of a penalty of Rs 120 crore, that is not based on any scientific assessment, the expert committee may have harmed their own cause.

The Art of Living Foundation paid only Rs. 25 lakhs of the fine the National Green Tribunal imposed on it for damaging the Yamuna floodplain. Credit: PTI

Expert committee constituted by the NGT held the Art of Living foundation liable for damage to the Yamuna floodplains. Credit: PTI

The National Green Tribunal (NGT) on Wednesday announced that the expert committee, constituted by it to assess the damage caused by the World Culture Festival on the Yamuna floodplains, has held Sri Sri Ravi Shankar’s Art of Living (AOL) liable. But, it seems that by rushing to a conclusion without any scientific basis, that the damage was worth Rs 120 crore, the experts may have harmed their own cause.

The tribunal has now given three weeks’ time to the AOL to respond to the findings of the committee and to give their opinion on the inspection report. NGT chairperson Swatanter Kumar has also directed the committee, headed by the Shashi Shekhar, secretary of the Ministry of Water Resources, to assess the damage and furnish an estimated cost that would be required for the restoration of the area within 45 days.

To arrive at the cost of restoration, the NGT has said that the expert committee, comprising senior scientist professor C.R. Babu, professor A. K. Gosain, professor Brij Gopal and two other members, could also take the assistance of a specialised agency. The committee had earlier submitted its inspection report, dated July 28, before the tribunal.

On its part, the AOL had claimed that the allegations of environmental damage were “unscientific, biased and unsustainable”.

While allowing AOL to go ahead with their three-day festival from March 11, the NGT had on March 9 directed it to pay an environmental compensation of Rs 5 crore for causing damage to the Yamuna floodplains. The AOL had initially deposited an amount of Rs 25 lakh and had contested the imposition of the compensation.

Subsequently, after prolonged litigation on the issue in the NGT, the AOL had paid the remaining Rs 4.75 crore in early June.

Meanwhile, in a major development in the case in July, the expert panel had told the tribinal that the Rs 120 crore penalty it had recommended against AOL had no scientific basis.

Shekhar told the tribunal that the amount was “not based on any scientific assessment,” and was more in the nature of a “spontaneous suggestion”. Describing it as a “recommendation” and as an “inadvertent mistake”, he said, the error crept in because he could not see the entire report due to high fever. Incidentally, this letter from Shekhar had gone to the tribunal nearly a week before the event took place.

He also clarified that he had not endorsed the view of the experts to impose the penalty, but had suggested that the floodplains be restored by the organisers of the event.

It is this letter from Shekhar that would now form the crux of future arguments on how much the AOL should pay for the damage caused to the floodplains, in accordance with the findings of the committee.

Another argument that has furnished against the imposition of the penalty is that religious events cannot be prohibited in the name of environment. Though the World Culture Festival was never described as a “religious” event, some groups, while citing the example of the Kumbh and Chhath Puja, had demanded that they not be impleaded in the case and argued that the use of the floodplains cannot be denied if they are required for religious events.

The case is now listed for a hearing on August 28.

How Did Experts Committee Quantify Damages on Yamuna Floodplains, Ask Art of Living Counsel

The tribunal, which had on April 21 pulled up the Art of Living Foundation for allegedly preventing the expert committee from visiting the floodplains on April 15, heard the counsel of both Art of Living and the land owning agency, the Delhi Development Authority (DDA), as also the petitioner Manoj Mishra of the Yamuna Jiye Abhiyan, before reserving its order.

New Delhi: The National Green Tribunal on April 22 reserved its order in the Art of Living case pertaining to assessment by an expert committee of the damage to the Yamuna floodplains due to the preparations and conduct of the mega cultural event, the World Culture Festival, in March this year.

The tribunal, which had on April 21 pulled up the Art of Living Foundation for allegedly preventing the expert committee from visiting the floodplains on April 15, heard the counsel of both Art of Living and the land owning agency, the Delhi Development Authority (DDA), as also the petitioner Manoj Mishra of the Yamuna Jiye Abhiyan, before reserving its order.

The counsel for the Art of Living Foundation moved an application before the court seeking a clarification as to how the experts committee was quantifying the damages caused by the Art of Living event and demanded to know the basis thereof. The counsel for AOL contended that whatever amount was imposed the Foundation as a consequence of its holding the cultural event should have some rationale basis. How has the damage been quantified, the Art of Living demanded to know.

It argued that the experts committee had just visited the area and had a look at it. As such, the foundation questioned how could the expert committee, on the basis of a mere view, come to the conclusion that the event caused huge ecological damage.

Opposing this contention of the defendant, petitioner Manoj Mishra reminded the tribunal that the order had already been passed by it and Art of Living was supposed to abide by it. But he claimed that instead of following the order of the tribunal, the Foundation had just moved an application in the garb of a review. At this, the tribunal reserved its order without specifying any date.

The tribunal on March 9 had imposed an environmental compensation on Art of Living Foundation for causing damage to the floodplains and had asked it to deposit the amount with the DDA before the three-day cultural event which began on March 11. It had also stated that the actual extent of the loss would be determined by the expert committee and that the site would be later converted into  biodiversity park, which would be partly funded by the final amount of the environmental compensation imposed on the Foundation.

But there was a delay in the Foundation vacating the site and the inspection by the expert committee. Also, the foundation has so far deposited only an amount of 25 lakh rupees with DDA.

On April 21 the tribunal when told that the expert committee had not been able to inspect the site on April 15, asked the foundation on whose authority it had barred the panel. In reply, the foundation had submitted that the cleaning operations were underway when the panel members had visited the site.

Its counsel said “The high-powered committee came with JCBs to collect sample of land. We asked them to come after we handed over the site to the Delhi Development Authority.” He submitted that the clean up was finally completed on April 18 and the site was handed over to DDA.

We’re Condemning Our Animals if They Don’t Find Mention in Our Prayers

The overarching sense is that it is religious practice and use, rather than ecology, science or animal cognition, that is the shining light for subliminal but broad changes in our environmental policies.

The overarching sense is that it is religious practice and use, rather than ecology, science or animal cognition, that is the shining light for subliminal but broad changes in our environmental policies.

Jallikattu. Credit: vinothchandar/Flickr, CC BY 2.0

Credit: vinothchandar/Flickr, CC BY 2.0

Earlier this year, the central government issued a notification that lifted a ban on jallikattu, an ancient bull-taming sport that’s been embroiled in controversy over animal cruelty charges. As a practising wildlife conservationist, I appealed for a rethink on this feudal practice, arguing that baiting a peaceable animal was cruel. I was promptly hectored on social media with a barrage of questions. Twitter users, many of whom had no names or no profile pictures, declared I was against “Hindu religion and custom”. I was also asked what my views on Bakr Id were. Then, I was asked if I supported the beef ban.

My idea was to reflect on the jallikattu sport as cruel in and of itself, divorced from whichever community it originated from. The purpose was not to shame a community but to etch out the non-political, non-human animal as being helpless. The unwitting animal in this case was the very anathema to politics, class, culture or the galvanisation of an organised event. But a green animal-rights issue suddenly seemed to have become painted saffron.

Eating beef and what one feels about Muslim festivals is not analogous to what one feels about jallikattu. When I said I would only focus on the issue at hand, I was accused of practicing ‘selective outrage’ and being ‘sickular’. I could speak about animals only if I would say that I would protect cows and denigrate beef-eating. As a Hindu, I was repeatedly asked if I practise vegetarianism, depicted as akin to holding a conservation science degree – my final qualifier for speaking for animals.

This is simply one in many episodes in the construction of what is Hindu and what is not, when faced by questions to do with animals, environment and wildlife. Conservation biology teaches us to focus only on issues that are researched and known but the ‘bhakts’ will have us know that it’s all about cows.

There is an interesting ‘adarsh liberal’ poster doing the rounds. I haven’t been able to find its origins but I don’t think it’s a satire either; it mirrors much of what environmentalists hear as criticism today.

adarsh liberal

Two things are happening here. First, when environmentalists critique the religious or cultural agenda, they are descried as unworthy, foreign-funded or anti-Hindu – even should they be dealing with agnostic subjects such as ecology or animal behaviour, concerning a dying river, a hissing cobra or a placid bull. While religion has contributed to conservation, it does not follow that each animal or environment-related issue is a question of religious or communal identity.

Second, the distinction between culture and religion has collapsed. Criticisms of the World Culture Festival held on Delhi’s flood plains earlier this month were buoyed with the mass respectability religion and spirituality bring. Criticism on social media around jallikattu focused on activists being anti-Hindu, even though jallikattu is a community-led event rather than a flagship for Hindu customs.

A lot has been uncovered about trolls loving abuse and hating debate. It is established that they revel in group bullying, showing signs of psychopathy. But to what extent will this mentality inform conservation planning and future choices? The Art of living sponsored World Culture Festival is an interesting case in point. The Art of Living was the principal host of the World Culture Festival. Per court orders, construction on the flood plains is not permitted. The festival, which brought in lakhs of visitors, flattened the plains, concretised it in places, removed reed beds and set up a huge complex. The National Green Tribunal found that the permissions for this event were illegal.

With the existence of an NGT order barring constructions on the floodplain, this was akin to throwing a bash on the Moon, in precisely those areas which are no-go. On social media and other campaign platforms, Art of Living volunteers buried their heads in metaphoric river-sand, denying the very photographs that proved the rampage, and hectoring all those who said otherwise. Others inverted all criticism into an anti-Hindu activity. If secularism is the separation of the state and religion, then this was the Art of Living event appeared to have the blessing of both the state and soft Hindutva, backed by Delhi and the central government.

“I’ve worked for the Yamuna for years. We were simply saying that Yamuna is a dying river and does not need this sort of blow to the floodplain, which recharges the river and Delhi’s water table,” says Vimlendu Jha, an activist who was lobbying for the festival to be shifted away from the floodplains. “The festival bulldozed the flood plain and was actually against the sanctity of the river.” Instead, he and other activists were threatened. “Never before has my environmental activism been viewed as a bad thing. But now, not only do I have trolls coming after me, but also middle class gentry. I was threatened with my life, and people came to my office to intimidate us. On TV shows, I was called anti-national by a BJP spokesperson. It seems if you argue, you are bad. Supporting the river over a music festival is anti-national,” he says.

Interestingly, while AOL did not once accept the damage they caused, they inverted the incident to claim they would restore the floodplain. The sanctimonious spirituality on display involved usurping the area and then declaring it would be saved – the classic, pay, pollute, repeat that has been the fate of the Yamuna’s banks since the time of the Commonwealth Games. Only, this time, it came backed with state silence and the gleaming badge of religious colonisation and respectability, according to activists.

In the past, environmentalists have been blamed as obstructionist and anti-development. Legal environmental clearance processes have been described as green terrorism because questions of sustainable development and conservation do not always go hand in hand with polluting industrial expansion. But many environmentalists feel being called anti-cultural and anti-Hindu is new. “I appealed to people not to use glass-coated manja (kite-string) on Makar Sankranti as this leads to the death and injury of thousands of birds,” says wildlife conservationist Prerna Singh Bindra. “Immediately I was told that I was against Hindu culture. Then, I was told that I raise objections to anything that is Hindu. The environment is important to all of us. Giving this a religious spin is bizarre – and bad for the cause,” she says. It doesn’t end there. “I am asked next what I have done for cows.”

Another environmental activist adds, “If anything critical of the ruling government is said, you are immediately classed as anti-Hindu, anti-national and a ‘Congressi’. There is a mob constantly on the watch, on every possible platform, waiting to attack you. What is most disturbing is that this sort of extreme right nationalism seems to have affected even that class of people who were once believed to be well educated, well-travelled, broad minded, forward thinking and above religion.”

Social media, of course, is not the real world. But there are indications that the government is interested in colonising secular animals as religious subjects, or as cogs in customs which have loud lobbyists. For instance, the Ministry of Environment, Forests and Climate Change is mulling changing the Wildlife Protection Act and wildlife policy to allow the hunting of animals for “religion and culture”. At the forefront of this wishlist are customs such as Nag Panchami, in which cobras and other snakes are illegally caught to be worshipped. The practice almost always leads to complete mortality as snakes are averse to human handling; their mouths are usually stitched with needle thread and on capture. Interestingly, allowing for the capture of cobras and snakes for Nag Panchami, a longstanding demand from Hindu groups, also found its way in the recommendations of the T.S.R. Subramaniam committee report, which was tasked with suggesting amendments to five Indian environmental laws.

That cobras and religious hunting found mention along with far-reaching, big-picture recommendations, such as environmental clearances and penalties for environment damage, gave an insight into favoured policy aspirations. The overarching sense is that it is religious practice and use, rather than ecology, science or animal cognition, that is the shining light for these subliminal but broad changes.

A nilgai photographed at the Knowsley Safari Park. Credit: Marie Hale/Flickr, CC BY 2.0

A nilgai photographed at the Knowsley Safari Park. Credit: Marie Hale/Flickr, CC BY 2.0

As a result of this bent towards appropriating animals for culture and religion, we may also be seeing a new hierarchy emerging for animals. For instance, Haryana is mulling changing the word ‘nilgai’ (the blue antelope) to encourage hunting of this crop-raiding animal – while simultaneously absolving any guilt connected to killing a ‘gai’ (which literally means cow). The nation has shown that people have several ways of being fractured and polarised, but are we moving towards a fractured protection of animals? Will animals be placed in hierarchies informed by their role in religion, spirituality and custom, and discarded if not? Perversely though, an animal’s participation in religion is not directly proportionate to it being treated well.

Neha Sinha is a Delhi-based conservationist.