The Andaman and Nicobar Islands administration has come under scrutiny for allegedly making a false representation to the Centre regarding the settlement of forest rights of tribal communities under the Forest Rights Act (FRA), 2006. This representation paved the way for forest clearances to be granted for the ambitious ₹72,000-crore Great Nicobar Project, which includes a transshipment port, airport, power plant, and township.
Concerns of Tribal Communities
Local tribal representatives have raised serious concerns about the diversion of 13,075 hectares of forest land for the project and its potential impact on vulnerable indigenous groups. They argue that the forest rights of the Nicobarese have not been settled in accordance with the FRA, despite claims by the administration.
Ministry’s Response
Union Minister of Tribal Affairs Jual Oram, who assumed office in 2024, stated that his ministry would look into the concerns, which are being “examined,” though he refrained from providing specific details.
Certificate of 2022
In August 2022, the Deputy Commissioner of Nicobar District issued a forest diversion certificate under FRA. This certificate declared that:
The process of identification and settlement of rights under FRA had been completed for the entire protected forest area of 121.87 sq. km.
The forest of 8.89 sq. km had been deemed for diversion under the project.
This certification essentially enabled the diversion of land for the project.
Tribal Council’s Objection
However, the Tribal Council of Little Nicobar and Great Nicobar has strongly objected to this claim. In a letter dated July 21, 2024, they clarified that:
The council had not given its consent for the project.
The settlement of forest rights under FRA has not been initiated, let alone completed.
Hence, there is no question of consent for diversion of forest land.
The council argued that the process requires first settling the rights of tribals and then taking their consent through Gram Sabha meetings. They maintain this procedure has not been followed.
Procedural Gaps
The Centre and A&N administration maintain that due process was followed. They cite a Gram Sabha meeting held on August 12, 2022, where the diversion of forest land was allegedly approved. However, the Nicobarese of Great Nicobar were not part of that meeting, raising serious questions about the legitimacy of the process.
Furthermore, experts highlight that under FRA and Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), Gram Sabha consent is mandatory before diversion.
Exploration of Options
Tribal representatives have expressed disappointment that their concerns remain unaddressed despite several representations. One council member revealed that a formal complaint was sent to the Ministry on July 30, 2024, but there has been no substantive response. They are now considering alternative avenues if the Ministry does not act.
Summary
The dispute centers on whether the forest rights of tribals under FRA were properly identified, settled, and consented to before granting clearance to the Great Nicobar Project. While the administration insists that due procedures were followed, tribal councils argue that their rights were bypassed and that official certifications were misleading. The issue underscores the ongoing tension between mega-infrastructure development and the rights of indigenous communities in ecologically sensitive regions.
source:The Hindu 23082025