Why in News?

Tribal Council of Little & Great Nicobar complained that the Andaman & Nicobar administration falsely claimed tribal forest rights under the Forest Rights Act (FRA) were settled, leading to clearances for the ₹72,000-crore Great Nicobar Project.

Key Terms/Concepts

Forest Rights Act (FRA), 2006

• Recognises rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers.
• Gram Sabha’s consent is mandatory before diversion of forest land.

Protection of Aboriginal Tribes Act (PAT), 1956

• Special law for safeguarding aboriginal tribes in Andaman & Nicobar Islands.
• Administrator has wide authority, including over land diversion.

Great Nicobar Project

• Mega infrastructure plan: Transshipment port, airport, township, and power plant.
• Involves diversion of ~13,075 hectares of forest land.

Gram Sabha Consent

• Collective decision-making body of villagers.
• FRA mandates their consent before forest land diversion.

Nicobarese Tribal Council

• Representative body of Nicobarese tribes.
• Currently opposing the claim that their rights were “settled”.

News Details

• A&N Administration issued a certificate in Aug 2022, stating FRA rights were “settled.”
• The Tribal Council clarified: settlement process not even initiated, no consent given.
• Administration argues FRA is not applicable since PAT 1956 already protects the tribes.
• Centre says due process was followed, citing a Gram Sabha meeting (Aug 12, 2022), but Nicobarese claim they were excluded.
• Tribal Council wrote to Union Tribal Affairs Minister Jual Oram (July 2024); response awaited.

Visual Learning

Flow of Events

Complaint by Nicobarese → FRA rights not settled → Administration’s “false certificate” (2022) → Centre grants clearance → Tribal Council challenges → Awaiting Minister’s reply

Prelims Practice

Q1. Consider the following statements about Forest Rights Act (FRA), 2006:

1. FRA applies to all forest areas in India, including Andaman & Nicobar Islands.
2. Consent of Gram Sabha is mandatory before diversion of forest land.
3. FRA excludes Scheduled Tribes from claiming forest rights in Union Territories.

Which of the above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 2 and 3 only

Q2. The Protection of Aboriginal Tribes Act (1956) gives authority to:
(a) Tribal Council of Nicobar
(b) Administrator of Andaman & Nicobar Islands
(c) Ministry of Tribal Affairs
(d) President of India

Q3. The proposed Great Nicobar Project includes:

1. Transshipment Port
2. Power Plant
3. Oil Refinery
4. Airport

Choose the correct option:
(a) 1, 2 and 3
(b) 1, 3 and 4
(c) 1, 2 and 4
(d) All four

Mains Practice

Q1. Discuss the conflict between the Forest Rights Act (2006) and the Protection of Aboriginal Tribes Act (1956) in the context of the Great Nicobar Project.

Answers

Prelims
Q1 → (a) 1 and 2 only – FRA applies in A&N, and Gram Sabha consent is mandatory.
Q2 → (b) Administrator of Andaman & Nicobar Islands.
Q3 → (c) 1, 2 and 4 – Refinery not part of project.