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Nicobar Project and Tribal Rights
Context:
The Nicobarese Tribal Council has alleged that the Andaman & Nicobar Islands administration falsely certified settlement of Forest Rights Act (FRA) claims to grant forest clearances for the ?72,000-crore Great Nicobar Island Project.
Great Nicobar Island Project
- Proposed mega infrastructure project includes a transshipment port, international airport, power plant, and township.
- Requires diversion of 13,075 hectares of forest land, impacting ecologically sensitive and tribal areas.
- Located in Great Nicobar Island, which is strategically significant due to proximity to Malacca Strait.
Forest Rights Act (FRA), 2006 vs PAT, 1956
- FRA, 2006: Recognises forest-dwelling Scheduled Tribes’ rights; diversion of forest land requires Gram Sabha consent after rights settlement.
- Protection of Aboriginal Tribes Regulation, 1956 (PAT56): Provides administrator wide authority to restrict land transfer and protect indigenous tribes in A&N Islands.
- Controversy: Administration claims FRA not applicable since PAT56 already protects forests, but FRA has stronger provisions of consent and rights settlement.
Concerns of the Nicobarese Council
- Alleged false certification declaring FRA rights settled, though the process had not even been initiated.
- Gram Sabha consent claimed by administration is disputed, as local Nicobarese were reportedly not part of the meeting.
- Raises critical issues of tribal consent, environmental clearance, and constitutional protection for vulnerable communities (Articles 244, 338A, and Fifth & Sixth Schedule provisions relevant for tribal areas).
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