Controversy Over the Great Nicobar Island Project

Background

• The Union government has requested a “factual report” from the Andaman and Nicobar Islands administration following complaints from the Tribal Council of Little and Great Nicobar.
• The complaint concerns the diversion of around 13,000 hectares of forest for the ₹81,000-crore Great Nicobar Island project in August 2022.

False Representation and Consent Issues

• It was reported that a false representation was made to the Centre, certifying that all rights under the Forest Rights Act (FRA) of 2006 were settled before diverting forest land.
• The Tribal Council claimed it was pressured into giving consent, which it later withdrew.
• A certificate issued in August 2022 contradicted the administration's position in monthly FRA progress reports.

Government and Opposition Actions

• Tribal Affairs Minister Jual Oram has stated that concerns are being examined.
• The Tribal Council reported no response to their complaint, leading them to reach out to Rahul Gandhi, prompting him to urge an examination of the council's concerns.
• Sonia Gandhi criticized the project, calling it a “planned misadventure.”

Legal and Administrative Positions

• The Andaman and Nicobar Islands administration claimed that tribal rights were protected under the Protection of Aboriginal Tribes Act, 1956 (PAT56), negating the need to implement the FRA.
• PAT56 allows the administration to unilaterally divert forest land, while the FRA requires consent from the Gram Sabhas.

Project Controversy and Legal Challenges

• The project has been controversial since preliminary clearances in 2022.
• Concerns about consent procedures and environmental impacts have been raised by the National Green Tribunal and the National Commission for Scheduled Tribes.
• The complaint highlighted that Nicobarese people were not represented in the Gram Sabha meeting, and the representation of the Shompen tribe was inadequate.
• A petition challenging the forest clearances is currently being heard in the Calcutta High Court.