Syllabus:

GS3: Conservation, environmental pollution and degradation, environmental impact assessment 

Context:

The Tribal Council of Little and Great Nicobar alleged in a complaint that the local administration falsely told the Centre that tribal rights under the Forest Rights Act, 2006, were settled, enabling forest clearance for the ₹72,000-crore Great Nicobar project.

More on the News

• The administration in A&NI issued a certificate in 2022 saying the FRA rights were identified and settled, and that the consent for diversion of forest land was taken only after this.
• The administration claimed that the identification and settlement of rights under the FRA had been completed for the entire 121.87 sq. km of protected forest and 8.8 sq. km of deemed forest under the Great Nicobar project.
• The A&NI administration has stated in monthly FRA reports that implementing the law isn’t needed, as the forests are already protected under the Protection of Aboriginal Tribes Act, 1956.
• While PAT56 allows the administrator to divert forest land, the FRA mandates settling rights and obtaining Gram Sabha consent first. It’s unclear whether the land diversion for the project followed FRA or PAT56.
• The council said the consent of the Shompen, classified as a Particularly Vulnerable Tribal Group, cannot be obtained. 
• The National Green Tribunal and the National Commission for Scheduled Tribes had also subsequently flagged concerns over alleged violation consent procedures and the environmental impact of the project.

Great Nicobar Island Project 

The mega infrastructure project on Great Nicobar Island was piloted by government think-tank NITI Aayog and is being implemented by the Andaman and Nicobar Islands Integrated Development Corporation (ANIIDCO).

The project includes the development of – 

• an International Container Transshipment Terminal (ICTT), 
• a greenfield international airport, 
• a township, and 
• a 450 MVA (megavolt-amperes) gas and solar-based power plant spread across 16,610 hectares. 

The de-notification of tribal reserve areas to facilitate the 'Holistic Development of Great Nicobar' project was recommended by an Empowered Committee of the administration of the Andaman and Nicobar Islands. 

The Union Ministry of Tribal Affairs subsequently issued a 'no objection' certificate on November 18, 2020, contingent upon compliance with the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. 

In October 2022, the project received in-principle forest clearance and environmental clearance. 

Forest Rights Act 2006

The Forest Rights Act (FRA), 2006, recognizes the rights of the forest-dwelling tribal communities and other traditional forest dwellers to forest resources, on which these communities were dependent for a variety of needs, including livelihood, habitation and other socio-cultural needs.

Recognition of Forest Rights: Section 6 of the Act provides a transparent three-step procedure for deciding forest rights.

• Gram Sabha Initiation: To initiate the process for determining the nature and extent of individual or community forest rights within its jurisdiction and thereafter forward a copy of the same to the Sub-Divisional Level Committee.
• The Sub-Divisional Level Committee: This committee examines the Gram Sabha’s resolution, prepares the record of forest rights and forwards it to the District Level Committee for a final decision.
• The District Level Committee: The District Level Committee makes the final decision on the record of forest rights, and its decisions are final and binding.
• The State Level Monitoring Committee: It oversees the process to ensure the proper recognition and vesting of forest rights.

Protection of Aboriginal Tribes Act 1956

• The Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Act, 1956, also known as the Protection of Aboriginal Tribes Regulation (PATR) 1956.
• It is a law enacted in India to protect the indigenous tribes of the Andaman and Nicobar Islands from outside exploitation and intrusion. 
• It prohibits outsiders from entering and acquiring land within the reserved tribal territories and includes provisions for penalties, such as imprisonment and fines, for violations. 
• The Act serves to safeguard the interests and well-being of tribal communities, including groups like the Jarawa, Onge, Great Andamanese and Sentinelese, who are classified as Particularly Vulnerable Tribal Groups (PVTGs). 

Sources:

https://www.thehindu.com/news/national/andaman-and-nicobar-islands/forest-rights-of-tribal-people-were-not-settled-for-nicobar-project-council/article69964782.ece#:~:text=The%20Andaman%20and%20Nicobar%20Islands,infrastructure%20project%20on%20the%20Great https://www.thehindu.com/news/national/great-nicobar-project-shipping-ministry-proposes-cruise-terminal-high-end-tourism-infra/article69061521.ece https://fra.org.in/index.php/Welcome/pageView/124