Energy & environment conundrum at Baghjan

Vikram Rajkhowa

(The writer is an Advocate and Environmental Lawyer. He can be reached at vikram.rajkhowa@gmail.com)

The blowout on 27thMay, 2020 and subsequent fire on 9th June, 2020 at the Baghjan-5 well of Oil India Ltd., maintained by M/s John Energy Ltd., once more brought to the fore the conundrum between the energy and environmental security of our nation. Nearly 60 days have elapsed since the blowout, but the well is yet to be capped. In fact, as reported in the media another explosion occurred on 22ndJuly, 2020, leading to the injury of three foreign experts from Singapore based M/s Alert, who were then rushed to the hospital. Fortunately, they survived with no major injuries. Meanwhile, constant tremors and high decibel sounds emerging from the well is making life miserable for the local people around the area, who are already suffering from the blowout and fire as well as from the major flood that has hit the area and from the COVID-19 pandemic. So far there is no respite in site, probably the only hope at the moment is nature itself, with heavy rains and flooding there is some possibility of the fire losing steam and naturally dying out. There is no denying that the country needs oil and gas, not only to cook our meals but also to move men, materials and the economy. At the same time no one can also deny that we depend on forests for the very air we breathe, to protect us from the adverse effect of climate change, besides providing habitat to wildlife and livelihood to many communities. Finding the right balance between the Energy and Environmental security is the key. But it is easy said than done. The Baghjan blowout and fire is the case in point.

As the name suggest, probably at some point of time local people must have sighted Tigers coming to the stream to drink water, hence Bagh (Tiger) Jan (Stream). The Baghjan-5 well is adjacent to Dibru-Saikhowa National Park (DSNP), the fourth largest protected area in Assam after Kaziranga and Manas National Park's and the Marat Longri Wildlife Sanctuary. The Maguri-Motapung Beel (wetland) an Important Bird Area (IBA) that is bearing the brunt of the blowout and fire is next to it. The area is part of the Indo-Burma Biodiversity hotspot,one of the 36 biodiversity hotspots across the globe. According to Conservation International, a Biodiversity hotspot region is one that has lost around 70% of their original habitat, yet the remaining natural habitat in these biodiversity hotspots which amount to just 2.4% of the land surface of the planet, supports nearly half of the world's plant species and nearly 43% of bird, mammal, reptile and amphibian species as endemics, i.e., species found no place else.

According to a news published in the 'Down to Earth' magazine dated 30th May, 2020, wherein the DFO Tinsukia states that - "the Baghjan 5 well is around 300 metres from the boundary of the buffer forest of the Dibru-Saikhowa National Park and merely 900 metres from the core area of the national park". The said news report further states that, "The gas well, which has been functional since 2005-06, had been producing one lakh SCMD, according to OIL". The drat Eco-sensitive Zone (ESZ) notification of the DSNP notified on 8th April, 2016, states that the "Eco-sensitive Zone shall be an extent up to 9.144 kilometres around the Dibru-Saikhowa National Park", wherein 'commercial mining' is a prohibited activity. Prior to the said notification a default 10 km ESZ was applicable around DSNP (till such time that the Protected Area specific ESZ's are notified). As per the Supreme Court order of 2006 in the Goa Foundation casemandatory clearance from the National Board for Wildlife (NBWL) was also required before any project is implemented within ESZ. The Baghjan-5 well is not known to have any such clearances. Subsequently, another draft notification of DSNP was issued on 21st May, 2018, proposing 0.0 km ESZ extent in its Southern boundary, which was given finality vide final ESZ notification dated 28th January, 2020, as oil and natural gas is present in the immediate vicinity of DSNP.

In order to understand as to why in the first place a need was felt to create such Eco-sensitive Zone's around Protected Areas, we will need to look at its genesis. The National Wild Life Action Plan 2002, the highest policy instrument on wildlife was one of the initial and most crucial instruments which recognized that wildlife conservation cannot be restricted to national parks and sanctuaries as the areas outside the protected area network are often vital ecological corridor links and must be protected to prevent isolation of fragments of biodiversity. Another crucial and important policy document in the direction of protection of environment and forest with the objective of restricting and regulating activities in Ecologically Sensitive Areas was the Wildlife Conservation Strategy, 2002, prepared by the Ministry of Environment and Forest (MoEF), which specifically provides that the lands falling within 10 km of the boundaries of national parks and sanctuaries should be notified as eco-fragile zones under the Environment (Protection) Act, 1986. It may be noted that the Wildlife Conservation Strategy, 2002 was duly approved and adopted by the then Indian Board for Wildlife (now National Board of Wildlife, headed by the Hon'ble Prime Minister of India) in its 21st meeting dated 21st January, 2002 thus, giving its provisions a statutory recognition and force as provided in the 'Guidelines for Declaration of Eco Sensitive Zones around National Parks and Wildlife Sanctuaries'.

Therefore, does Baghjan-5 gas and oil mining activity adjacent to a protected area, an important bird area and a biosphere reserve create a conflict with the idea of ecological security of the land? The answer to my mind is in the affirmative.The Baghjan-5 well was operating from 2005 till 2018, i.e., for around 13 years within the Eco-Sensitive Zone of Dibru-SaikhowaNational Park without necessary clearances, more particularly from the NBWL. Thereafter in order to by-pass the said violation and facilitate mining, the Eco Sensitive Zone around Dibru-Saikhowa National Park was brought down from 10 Km to 9.144 km to 0 km in the Southern Boundary by Ministry of Environment, Forest and Climate Change, ignoring its own policies and guidelines, including frustrating the very purpose of creating Eco-sensitive Zone's to act as "Shock Absorbers" to protected areas. When all caution is thrown to the wind and that fine line (Lakshman Rekha) between the need for energy and protecting the environmentis trampled, it is a recipe for disaster. And since, the disaster is still unfolding, the exact scale and long-term damage to the ecology and biota of the area will require time to ascertain, but the immediate destruction is well reported and for all to see.