The Government of India has invoked a clause in the 2006 Environmental Impact Assessment (EIA) Notification that exempts projects “concerning national defence and security or involving other strategic considerations” from public consultation.
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In a significant move that prioritizes national security and energy independence over community consultation, the Ministry of Environment, Forest and Climate Change (MoEFCC) has officially exempted all mining projects for atomic, critical, and strategic minerals from the mandatory public hearing process for environmental clearance.
The decision, formalized in an office memorandum dated September 8, 2025, fast-tracks the approval process for mines extracting minerals essential for defence, high-tech electronics, and India’s nuclear energy program. This policy shift comes in direct response to requests from the Ministry of Defence (MoD) and the Department of Atomic Energy (DAE), who argued that reliance on imported supplies of these minerals poses a significant strategic risk.
The memorandum outlines two key justifications:
- Defence Imperative: The MoD, in a proposal dated August 4, 2025, highlighted the irreplaceable role of Rare Earth Elements (REEs) in modern defence equipment. These include precision-guided missiles, radar and sonar systems, communication devices, and permanent magnets for various platforms. The MoD stressed that the global supply of REEs is concentrated in a few countries, making domestic production a matter of national security.
- Nuclear Energy Goals: The DAE, in its August 29, 2025 communication, emphasized the need for uranium for the first stage of India’s nuclear power program and thorium (extracted from monazite) for its ambitious third stage. To meet these goals, the DAE requested expedited clearances for new atomic mineral mines.
The Government of India has invoked a clause in the 2006 Environmental Impact Assessment (EIA) Notification that exempts projects “concerning national defence and security or involving other strategic considerations” from public consultation. Furthermore, all such projects, regardless of size, will now be appraised at the central level by the Expert Appraisal Committee (EAC), bypassing state-level authorities.
The ministry memorandum does mandate that the Environment Management Plan (EMP) of these projects must still comprehensively address potential social and environmental impacts. Project proponents are required to detail: Mitigation measures for impacts on local habitats and populations; Plans for creating social infrastructure like medical and drinking water facilities; Skill development and employment opportunities for local communities; and A public grievance redressal system. Adequate financial provisions for these measures must be incorporated into the EMP and will be scrutinized by the central EAC.
Critical Concerns
While the Government of India’s strategic concerns are acknowledged, the move is likely to draw criticism from environmental groups, governance experts, and community rights activists. There are strong indications of opposing the move as this exemption fundamentally undermines the EIA process, which is designed to be a participatory and transparent check on industrial projects. The Centre for Science and Environment (CSE) had already stated that diluting public hearings “strips communities of their right to voice concerns about projects that affect their lives, livelihoods, and environment.” The primary contention being that national security is too broad a term that can be used to sideline democratic accountability.
It should also be noted that the Environmental Justice Initiative also points out that mining projects disproportionately affect tribal and rural communities. Removing the requirement for a public hearing silences these vulnerable groups, denying them a platform to raise issues related to displacement, pollution of water sources, and loss of forest rights guaranteed under laws like the Forest Rights Act (FRA). It is feared that this could lead to increased social conflict in mineral-rich regions.
Governance watchdogs like the Association for Democratic Reforms (ADR) also expressed concern that this sets a dangerous precedent. Once a category of projects is exempted using strategic grounds, it opens the door for other sectors to lobby for similar exemptions, effectively gutting the public consultation process altogether. This what most policy analyst may argue.
Those who are skeptical of the move may argue that a document prepared by the project proponent and reviewed only by a central committee, without on-ground feedback from affected communities, is likely to be theoretical and poorly implemented. The history of failed rehabilitation and environmental restoration by mining companies fuels this skepticism.
The Legal Initiative for Forest and Environment has been often arguing that the exemption clause in the EIA notification is applied opaquely. It has called for a clear, legally defined framework for what constitutes a “strategic” project, subject to judicial review, to prevent the arbitrary use of this power.
The policy highlights the classic government dilemma of balancing urgent strategic and economic needs against environmental protection and democratic rights. While securing a domestic supply chain for critical minerals is a legitimate goal for a nation aiming for technological leadership and energy security, the method of achieving it by curtailing public participation is proving to be highly contentious.
The move is expected to significantly accelerate the leasing and operationalization of mines for minerals like lithium, cobalt, rare earths, uranium, and thorium. However, it remains to be seen whether this top-down approach will lead to sustainable development or spark new waves of environmental and social unrest in India’s hinterlands.