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Great Nicobar Project & Forest Rights Issue

23 Aug 2025 GS 3 Environment
Great Nicobar Project & Forest Rights Issue Click to view full image

Project 

  • Mega project worth ₹72,000 crore on Great Nicobar Island.

  • Components: transshipment port, airport, power plant, township.

  • Requires diversion of 13,075 hectares of forest land.

Tribal Concerns

  • Nicobarese Tribal Council (key representative body) says:

    • Forest Rights Act (FRA), 2006 not implemented properly.

    • False certificate issued by A&N administration claiming FRA rights were “identified and settled”.

    • Council says settlement of FRA rights not even initiated.

    • Consent for forest diversion never given by Gram Sabhas of Nicobarese people.

Legal Angle

  • FRA, 2006: Requires settlement of tribal rights + Gram Sabha consent before forest diversion.

  • Protection of Aboriginal Tribes Act, 1956 (PAT56): Gives administrator authority to divert forest land.

  • Confusion: Project clearances—unclear whether done under FRA or PAT56.

Centre’s Position

  • Maintains that due process was followed.

  • Cites Gram Sabha meeting approving diversion.

  • Tribal Council denies their participation in this meeting.

Forest Rights Act (FRA), 2006 

Objective

  • To recognize and vest forest rights and occupation in forest land for Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs).

  • To provide security of tenure, livelihood, and safeguard against displacement.

  • To democratize forest governance by involving Gram Sabhas.

Eligibility

  • FDSTs: Must be residing on and cultivating forest land prior to 13th December 2005.

  • OTFDs: Must have primarily resided in forests for at least 3 generations (75 years) prior to 2005.

Types of Rights Recognized (Section 3(1))

13 different usufruct rights, including:

  1. Section 3(1)(a): Right to hold and live in forest land for habitation or self-cultivation for livelihood.

  2. Community rights over minor forest produce.

  3. Grazing rights, fishing and access to water bodies.

  4. Rights over community forest resource (CFR).

  5. Rights to protect, regenerate, or manage forests for sustainable use.

  6. Rights over traditional knowledge and intellectual property.

Key Legal Safeguards

  • Section 4(4):

    • Rights are heritable but not alienable or transferable.

    • Title to be registered jointly in the name of both spouses (if married).

    • In case of a single head household → title in the name of that person.

    • In absence of a direct heir → passes to next-of-kin.

  • Section 4(5):

    • No eviction or removal of FDST/OTFD from forest land till recognition and verification procedure is complete.

Important Clarifications

  • FRA does not regularize encroachments.

  • It acknowledges pre-existing rights of eligible communities.

  • Applies to all forest areas including National Parks and Wildlife Sanctuaries.

  • Ensures participation of democratic institutions (Gram Sabha, SDLC, DLC) in recognition of rights.

Institutional Mechanism for Recognition of Rights

  1. Gram Sabha (village level): Receives claims, verifies, passes resolutions.

  2. Sub-Divisional Level Committee (SDLC): Screens and forwards claims.

  3. District Level Committee (DLC): Final authority for recognition and vesting of rights.


Committees & Appeal Mechanism

1. Committees under FRA & Rules

  • FRA and Forest Rights Rules (FR Rules) allow only two committees:

    1. Forest Rights Committee (FRC) – constituted by Gram Sabha for initial verification.

    2. Committee under Rule 4(1)(e) – to assist Gram Sabha in consolidating claims and preparing maps.

  • No other committee (especially comprising non-Gram Sabha members) is permitted to function for recognition/vesting of forest rights.

  • Any such unauthorized committee = void and legally invalid.

2. Appeal Mechanism

  • Gram Sabha decision → subject to appeal before Sub-Divisional Level Committee (SDLC).

  • SDLC decision → subject to appeal before District Level Committee (DLC).

  • Section 6(6), FRA: Decision of DLC is final and binding.

  • This marks the end of statutory appeal process under FRA.

3. Remedy against Wrong Decisions

  • If DLC decision contravenes FRA or Rules → Section 8 proceedings can be initiated.

  • This can be done by Gram Sabha, with due notice to the State Level Monitoring Committee (SLMC).

4. Legal Safeguard

  • Ensures democratic, bottom-up decision-making.

  • Prevents external/parallel bodies from interfering in recognition and vesting of rights.

  • Finality of DLC decision → gives certainty, but oversight via Section 8 provides check against misuse.



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