Development and Ecological Concerns of the Andaman and Nicobar Islands
The ecological significance of the Andaman and Nicobar Islands is immense, being recognized as a major biodiversity hotspot and a global carbon reservoir. However, the islands' development has often been misaligned with ecological needs due to influences from mainland India.
Government's Development Plans for Great Nicobar Island
The Government of India has proposed a large-scale development project for Great Nicobar Island, including a power plant, township, transshipment port, and airport. This plan threatens 13,000 hectares of pristine forests.
Niyamgiri Hills Case and Legal Precedents
- The 2013 Supreme Court judgment in Orissa Mining Corporation Ltd. vs Ministry Of Environment & Forest and Ors. serves as a landmark case.
- The court sided with the Dongoria Kondh tribe, preserving their cultural and environmental rights against bauxite mining threats in Niyamgiri Hills.
- It recognized the authority of gram sabhas to protect community traditions and resources.
Challenges and Criticisms
There is ongoing controversy over the Great Nicobar project, including challenges in courts and confusion over environmental clearances. Concerns include inadequate settlement of tribal forest rights under the Forest Rights Act.
Concept of 'Earth Jurisprudence'
- Countries like Bolivia and New Zealand have embraced 'earth jurisprudence', giving legal rights to natural entities like rivers and forests.
- Inspired by Christopher Stone's 1972 article, this approach extends legal standing and rights to natural objects.
Legal Personhood for Natural Entities in India
In 2017, India's Uttarakhand High Court granted legal personhood to the Ganges and Yamuna rivers. Although this decision was stayed by the Supreme Court, it marked progress in advocating for natural entities' rights.
Considerations for Granting Legal Rights to Natural Entities
- Further work is needed to define specific legal rights for nature and responsibilities for their protection.
- The Atrato River case in Colombia provides insight into bio-cultural rights, emphasizing the role of indigenous communities in environmental stewardship.
The discourse on granting legal rights to natural entities continues to evolve, highlighting an emerging legal framework for ecological protection.