Centre Seeks Report on Nicobar Forest Rights Row

The Union government has asked the Andaman and Nicobar Islands administration to submit a “factual report” on allegations that forest rights were not settled before diverting over 13,000 hectares of land for the ₹81,000-crore Great Nicobar Island project.

According to a report in The Hindu, the Ministry of Tribal Affairs has written to the Union Territory’s Chief Secretary following a complaint from the Tribal Council of Little and Great Nicobar. The council had accused the administration of falsely certifying in August 2022 that all rights under the Forest Rights Act (FRA), 2006, had been identified and settled before the diversion of forest land.

The council also claimed that its consent to the project had been obtained “under pressure” and later withdrawn through a formal letter to the government. However, the Deputy Commissioner of Nicobar had issued a certificate in August 2022, stating that the process of recognition and settlement of forest rights had been completed across the project area, covering 121.87 sq. km of protected forest and 8.8 sq. km of deemed forest.

Contradicting this certification, the council said that the process had not even been initiated. Monthly progress reports submitted to the Ministry also showed that the administration had argued it did not need to implement the FRA, citing the Protection of Aboriginal Tribes Regulation, 1956 (PAT56). Unlike the FRA, which requires Gram Sabha consent after rights are vested, PAT56 gives unilateral authority to divert forest land.

In its latest communication, the Ministry has asked for a point-by-point clarification on the council’s letter and the Hindu report, noting that the issue raises serious questions about whether the Nicobarese had given genuine consent for the “Holistic Development of Great Nicobar Island” project.

The controversy has drawn political attention as well. The council, after not receiving a response from the Tribal Affairs Ministry, wrote to Congress leader Rahul Gandhi on August 26. Gandhi subsequently urged Minister Jual Oram to examine the concerns, while Congress Parliamentary Party chairperson Sonia Gandhi criticised the project as a “planned misadventure”.

The National Commission for Scheduled Tribes has also raised questions about compliance with FRA provisions, particularly around the representation of the Shompen, a Particularly Vulnerable Tribal Group. The council noted that Shompen voices could not be substituted by administrative bodies like the Andaman Adim Janjati Vikas Samiti.

The project, cleared in principle in 2022, has faced scrutiny from multiple quarters including the National Green Tribunal. While the government maintains that due procedures were followed in securing forest clearances, a petition challenging the clearances is still pending before the Calcutta High Court.

The latest directive from the Ministry signals that the Centre is seeking to directly address the concerns raised by the Tribal Council and opposition parties, even as the debate over environmental clearances and tribal rights continues to intensify.