The Andaman and Nicobar Islands administration allegedly misrepresented the status of tribal rights under the Forest Rights Act (FRA) 2006 to secure forest clearances for the ₹72,000-crore Great Nicobar Island project.
The Great Nicobar Island project includes a transshipment port, an airport, a power plant, and a township.
The Tribal Council of Little Nicobar and Great Nicobar has complained to the Union Minister of Tribal Affairs Jual Oram, stating that consent for the project was not given and FRA rights have not been settled.
A certificate issued in August 2022 by the Deputy Commissioner of Nicobar District claimed that the process for identification and settlement of rights under the FRA had been completed, which the council disputes.
Detailed Insights:
The Great Nicobar Island project involves the diversion of approximately 13,075 hectares of forest land, raising concerns about its impact on vulnerable tribal groups and the environment.
The Andaman and Nicobar Islands administration has previously stated that the FRA need not be implemented on the islands because the forests are protected under the Protection of Aboriginal Tribes Act of 1956 (PAT56).
PAT56 grants the administrator authority to divert forest land, while the FRA requires settlement of rights and consent from Gram Sabhas before diversion.
The Tribal Council asserts that the Nicobarese of Great Nicobar were not part of the Gram Sabha meeting on August 12, 2022, where consent for forest land diversion was purportedly obtained.
The Ministry of Tribal Affairs is examining the concerns raised by the Tribal Council regarding the violation of FRA provisions and the potential displacement and impact on the Nicobarese community.
Key Concepts Involved:
Forest Rights Act (FRA) 2006: An act to recognize and vest the forest rights and occupation in forest land in forest-dwelling Scheduled Tribes and other traditional forest dwellers.
Gram Sabha: A village assembly consisting of all adults residing in a village or group of villages, playing a crucial role in local governance and decision-making.
Protection of Aboriginal Tribes Act of 1956 (PAT56): A law providing special protection to aboriginal tribes in the Andaman and Nicobar Islands, regulating land use and resource management.