GS 3 – Environment
Context:
The Great Nicobar Islands Development and Infrastructure Project (₹81,000 crore) is facing legal and procedural challenges in the Calcutta High Court over alleged violations of tribal and forest rights. The Ministry of Tribal Affairs has requested to be removed as a respondent, citing that implementation falls under the Union Territory administration.
Key Issues:
- Forest Rights Act (FRA), 2006 Violation:
- Petitioners argue that provisions of FRA were violated as:
- Consent of tribal communities was not properly obtained.
- No proper settlement of forest rights took place before clearance.
- Processes under FRA were not initiated in Nicobar before the project clearance.
- Ministry of Tribal Affairs’ Stand:
- Claimed that the NOC (No Objection Certificate) given in 2020 was based on data from the Andaman and Nicobar administration.
- Argued that the implementation of FRA is a State/UT subject, and hence the Ministry should not be a respondent.
- Allegations by Tribal Council for Little Andaman & Great Nicobar:
- Accused administration of false representation regarding forest rights compliance.
- Stated FRA processes were incomplete at the time of project approval.
- Union Government’s Response:
- Ministry insists that FRA was followed and clearance was legal.
- Claimed that NOC was granted based on the “facts on record” provided by the UT administration.
Project Details:
- Total Cost: ₹81,000 crore
- Includes:
- Transshipment port
- Airport
- Power plant
- Township
- Being developed in the Great Nicobar Island, which is ecologically sensitive and home to indigenous tribes like Shompen and Nicobarese.
Constitutional & Governance Angle:
- Federalism Concern: Who is accountable for FRA compliance — Central Ministry or Union Territory?
- Tribal Rights: Protection of vulnerable tribal groups under FRA, 2006 and PESA Act (not directly applicable to UTs).
- Environmental Governance: Due diligence and clearances under Forest Conservation Act, 1980, EIA norms, and biodiversity laws.
Prelims Pointers:
Forest Rights Act, 2006:
- Recognizes rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers.
- Requires Gram Sabha consent before forest land diversion.
Union Territory Governance:
- UTs without legislatures are directly administered by the Central Government through the President and LG/Administrator.
Great Nicobar Island:
- Part of Andaman and Nicobar Islands UT.
- Ecologically and strategically significant.
- Home to Indigenous tribes like the Shompen (PVTG – Particularly Vulnerable Tribal Group).
Mains Practice Question
The Great Nicobar Development Project has triggered a debate between development and rights of indigenous communities. Critically examine the role of forest rights legislation in ensuring tribal welfare in the face of large-scale infrastructure projects.