It cannot be anyone's case that the existing legislative framework is a model of such perfection that it has placed itself beyond review. The loss of habitat, the rising levels of pollution of air and water, unplanned development, and the systematic poaching and smuggling of animal and plant resources are all indicative of systemic weaknesses. Yet the NEP has surprised the scientific community by including, among its suggested remedies, clauses that could leave new loopholes. The Achilles' heel of the NEP appears to be the lack of an absolute guarantee against exploitation of the "incomparable values," the flora and fauna of the country that remain in the protected forests. The draft incorporates an extraordinary clause on "environmental offsetting" that would legitimate the withdrawal of protection to threatened or endangered species and natural systems, if there is overriding "public interest." The proponents of such supervening activity would be obliged only to undertake "cost-effective" offsetting measures to restore the lost environmental services to a feasible level. A similar exclusion clause is proposed for conversion of dense forests for non-forest use on grounds of vital national interest. Habitat-threatening proposals such as these are in conflict with the objectives of internationally acknowledged conservation programmes in the country such as Project Tiger and Project Elephant. They also fail to acknowledge progressively the growing body of evidence that there are potentially several species — such as the amphibians recently found in the Western Ghats — yet to be discovered in India's biodiversity hotspots. There is also some worry that the NEP seems to take a generally lenient view of crimes against the environment by reserving "provable" cases for criminal prosecution and subjecting the bulk of unlawful activity only to civil penalties.

Given the impact of a wide-ranging environment policy on the livelihood of many communities and on inter-generational access to resources, a wider, tough-minded discussion of the draft becomes imperative — before any decision is taken to amend the relevant laws. That the document, put up on the Internet, has not been widely available in Indian languages is a constraining factor in the creation of informed opinion. Several features of the policy such as standard-setting and enforcement of regulations to mitigate urban pollution, extend Protected Areas, safeguard wetlands, and preserve the traditional knowledge of forest tribes call for active involvement of the States and local bodies. Clearly, a policy of such far-going import deserves closer scrutiny.