Great Nicobar Project and Tribal Rights Dispute

Great Nicobar Project Faces Tribal Rights Dispute

Why in the News ?

The Tribal Council of Great and Little Nicobar has complained to the Union Tribal Affairs Minister that the Forest Rights of Nicobarese tribes under FRA 2006 were not settled before granting clearances for the ₹72,000-crore Great Nicobar Infrastructure Project.

Great Nicobar Project and Tribal Rights Dispute

Concerns of the Tribal Council:

  • The project includes a transshipment port, airport, power plant, and township.
  • Requires diversion of 13,075 hectares of forest land.
  • The Nicobarese Tribal Council claims that the Forest Rights Act (FRA), 2006 process was never initiated, let alone completed.
  • A 2022 certificate by the A&N administration falsely claimed rights were settled and consent was obtained.
  • The council categorically stated: “We have not given consent for this project.”
  • The council awaits a response from the Tribal Affairs Ministry, warning it may explore other legal or constitutional remedies if ignored.

Administrative Position & Legal Conflict

  • The A&N administration informed the Centre that FRA rights were already settled.
  • It claimed the Gram Sabha consent was obtained on August 12, 2022.
  • However, the council stated that Nicobarese representatives were not part of the meeting.
  • The administration justifies its actions citing the Protection of Aboriginal Tribes Act (PAT), 1956, under which administrators have wide powers to divert forest land.
  • In contrast, the FRA, 2006 mandates settlement of rights and Gram Sabha approval before any diversion.
  • This legal ambiguity has triggered conflict between tribal rights and developmental priorities.

About Forest Rights Act, 2006 (FRA):

●      Objective: Recognises and vests forest rights and occupation rights to forest-dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs).

●     Rights under FRA:

○      Individual rights to cultivated forest land (up to 4 hectares).

○      Community rights over minor forest produce, grazing grounds, water bodies.

○      Habitat rights for Particularly Vulnerable Tribal Groups (PVTGs).

○       Right to protect, regenerate, conserve forests.

●      Decision-making power: Consent of the Gram Sabha is mandatory for diversion of forest land.

●      Conflict with PAT, 1956: PAT empowers the administrator, but FRA gives community decision-making authority → leading to legal disputes in A&N Islands.

●      Significance: FRA strengthens decentralised governance, tribal empowerment, and conservation-based livelihood.