Union Government seeks ‘factual report’ on forest rights complaint concerning Nicobar project
Context: The ₹81,000-crore Great Nicobar Island project has sparked debate over tribal rights, ecology, and development, following a Tribal Council complaint alleging false FRA compliance. The issue underscores tensions between indigenous consent and environmental protection on one hand, and India’s infrastructure ambitions on the other, highlighting the need for balanced governance in tribal regions.
How are the Tribal areas of Andamans governed?
The Andaman and Nicobar Islands are home to several Scheduled Tribes, including the Nicobarese, Shompens, Jarawas, and Sentinelese. The governance of tribal areas here is unique and is guided by a combination of:
- Protection of Aboriginal Tribes Regulation (PAT), 1956: A colonial-era regulation that grants the Administrator of the Islands extraordinary powers to restrict access, regulate land use, and divert forest land for “public interest”. It protects tribal lands and restricts external interference, but does not mandate community consent, making it outdated compared to newer legislation like the FRA.
- Tribal Councils and Customary Institutions: Communities like the Nicobarese are represented through tribal councils, which function as de facto local governments in the absence of constitutional panchayat systems.
- Absence of Panchayati Raj Extension: Unlike mainland India, PESA (Panchayats Extension to Scheduled Areas Act, 1996) does not apply here. This leaves no formal Gram Sabha-based mechanism for tribals to participate in decision-making regarding land or resources.
Despite these mechanisms, state administration exercises considerable centralised control, often sidelining customary law and tribal consent.
Tribal Panchsheel
Formulated by Jawaharlal Nehru, the Tribal Panchsheel outlines five principles for tribal development:
- Non-imposition: Let tribal communities evolve along their own cultural lines.
- Respect for land and forest rights.
- Training tribal people for administration and development.
- Avoid excessive outsider interference.
- Human-centric outcomes over statistical targets.
These principles emphasise inclusion without intrusion and remain a moral compass for tribal policy even today.
How does the FRA intersect with large-scale development projects?
The Forest Rights Act (FRA), 2006, recognises both individual and community rights of forest dwellers, including rights to habitat, livelihood, and cultural practices. Intersection with Development:
- Consent Requirement: FRA mandates Gram Sabha approval before diverting forest land for non-forest use.
- Community Tenure: Projects must respect customary territories, especially for PVTGs like the Shompens.
- Legal Conflict: Projects like GNIP often receive environmental clearance before FRA claims are settled, violating due process.
EIA process
The Environmental Impact Assessment (EIA) is a legal tool under the Environment Protection Act, 1986, used to evaluate the ecological and social impact of proposed
projects. EIA Process Guidelines:
- Screening: Categorises projects (A or B) based on scale and sensitivity.
- Scoping: Defines study parameters and stakeholder engagement.
- Impact Study: Assesses air, water, biodiversity, and social impacts.
- Public Consultation: Mandatory hearings with affected communities.
- Appraisal & Clearance: Final decision by MoEFCC or SEIAA.
In tribal areas, FRA compliance and EIA consultation must be integrated, but often they’re treated as parallel processes, leading to oversight and conflict.
What measures should India adopt to balance tribal rights with economic developmental projects?
India must move from project-centric clearance to people-centric planning. Here’s how:
- Legal & Constitutional Safeguards: Enforce Article 46: Promote tribal welfare and protect from exploitation. Strengthen FRA and PESA implementation, especially in Sixth Schedule areas. Mandate prior informed consent from tribal councils before land diversion.
- Cultural Integration: Recognise tribal cosmologies and sacred geographies in project design. Include ethnographic studies in EIA reports for culturally sensitive planning.
- Technology & Transparency: Use GIS mapping to overlay tribal claims with project footprints. Deploy AI-based monitoring for compliance and grievance redressal.
- Institutional Reform: Create Tribal Impact Assessment (TIA) as a parallel to EIA. Establish inter-ministerial coordination cells for tribal development and infrastructure.
- Inclusive Development Models: Promote community-owned eco-tourism, forest-based enterprises, and green infrastructure. Ensure compensation and rehabilitation are rights-based, not discretionary.
