Great Nicobar revives the issue of nature’s legal rights, Pg6

Key Highlights:

• The Indian government is planning a multi-crore mega-project on Great Nicobar Island, including a power plant, township, port, and airport, affecting 13,000 hectares of forests.
• The Niyamgiri Hills case set a judicial precedent, upholding the rights of tribal communities to protect their culture and environment via gram sabha decisions.
• Some countries have adopted 'earth jurisprudence' or 'rights of nature', granting legal rights to natural entities like rivers and forests.
• In 2017, the Uttarakhand High Court granted legal personhood to the Ganges and Yamuna rivers, though the Supreme Court stayed the ruling.

Detailed Insights:

• The development trajectory of the Andaman and Nicobar Islands has often been influenced by mainland India, which is often detached from the needs of the island ecology.
• The Forest Rights Act is relevant to the Great Nicobar Island project, particularly regarding the rights of the Tribal Council to certify the settlement of forest rights before land diversion.
• Christopher Stone's argument suggests granting legal standing to natural entities, allowing them to be direct beneficiaries of legal redress through a guardianship body.
• The Atrato River case in Colombia recognized bio-cultural rights, emphasizing the right of ethnic communities to protect their territories and natural resources.

Key Concepts Involved:

• Earth Jurisprudence: A legal approach granting rights to non-human natural entities, recognizing them as rights holders.
• Gram Sabha: A village assembly that plays a crucial role in safeguarding community resources and cultural identity.
• Bio-cultural Rights: The rights of ethnic communities to autonomously administer and protect their territories and natural resources.