Great Nicobar Project: Jairam Ramesh alleges ‘flagrant violation’ of tribal rights, writes to minister Jual Oram
Parliamentary opposition raised allegations of "flagrant violations" of tribal rights in the Great Nicobar Island (GNI) development project, writing formally...
What Happened
- Parliamentary opposition raised allegations of "flagrant violations" of tribal rights in the Great Nicobar Island (GNI) development project, writing formally to the Minister of Tribal Affairs and the Ministry of Environment.
- Specific allegations include: the island administration falsely claimed Forest Rights Act (FRA) processes had been completed when they had not; No Objection Certificates from the Shompen and Nicobarese communities were obtained under duress with inadequate information, and the Tribal Council subsequently withdrew its NOC in November 2022.
- Critics allege that the union government accepted the consent of settler-community gram sabhas in place of the gram sabha consent of the indigenous Shompen and Nicobarese communities — a procedure they argue is contrary to FRA requirements.
- Proxy consent was purportedly obtained for the semi-nomadic Shompen through an officer of a government agency (AAJVS — Andaman Adim Janjati Vikas Samiti), creating a conflict of interest since the same agency's top leadership overlaps with the project proponent (ANIIDCO — Andaman and Nicobar Islands Integrated Development Corporation).
- The government issued FAQs in May 2026 asserting that all statutory procedures and policy safeguards for tribal communities had been complied with, which critics disputed as factually incorrect.
Static Topic Bridges
Forest Rights Act 2006 — Provisions on Consent and Habitat Rights
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 — commonly known as the Forest Rights Act (FRA) — recognises and vests forest rights in forest-dwelling Scheduled Tribes and other traditional forest dwellers who have been occupying forest land for generations. The Act established that the Gram Sabha is the competent authority for initiating, receiving, and evaluating claims related to both individual and community forest rights.
- Individual Forest Rights (IFR): right to cultivate and reside on forest land up to 4 hectares.
- Community Forest Rights (CFR): rights over community forests, including management and protection.
- Habitat Rights (Section 3(1)(e)): specific to Particularly Vulnerable Tribal Groups (PVTGs) and pre-agricultural communities — the right to their entire habitat, not just individual plots.
- The gram sabha's free, prior, and informed consent (FPIC) is mandatory before any relocation of a community from a Critical Wildlife Habitat (CWH); no single individual or officer can consent on behalf of a community.
- Critical Wildlife Habitats can only be notified after settlement of all forest rights and with the consent of gram sabhas of affected communities.
- The district-level committee must ensure PVTGs receive habitat rights in consultation with these groups.
Connection to this news: The allegations centre on the government bypassing the gram sabha consent mechanism by accepting proxy consent through a government officer for the Shompen — a PVTG — which critics say directly violates Section 3(1)(e) and the consent requirements built into the FRA framework.
Particularly Vulnerable Tribal Groups (PVTGs)
Particularly Vulnerable Tribal Groups (PVTGs) — formerly called Primitive Tribal Groups (PTGs) — are a sub-category of Scheduled Tribes identified as particularly disadvantaged due to a combination of factors: pre-agricultural technology, declining or stagnant population, extremely low literacy, and a subsistence-level economy. India recognises 75 PVTGs across 18 states and one Union Territory.
- PVTGs receive special protection and targeted development programmes beyond what is available to other Scheduled Tribes.
- The Shompen are a PVTG indigenous to Great Nicobar Island with a population of approximately 250, making them one of the smallest and most isolated tribal groups in India.
- The Shompen are semi-nomadic hunter-gatherers with minimal contact with the outside world, making them extremely vulnerable to disease, displacement, and cultural disruption from large-scale development.
- The Andaman Adim Janjati Vikas Samiti (AAJVS) is the government-mandated agency responsible for welfare of Andaman PVTGs.
- The alleged use of an AAJVS officer to provide consent on behalf of the Shompen creates a structural conflict of interest as the same leadership overlaps with ANIIDCO, the project developer.
Connection to this news: The Shompen's status as a PVTG means they are entitled to habitat rights under FRA — the strongest form of community rights available — and their consent cannot legally be delegated to any government officer or agency, making the alleged proxy consent process a potential FRA violation of the highest order.
Constitutional Protections for Tribal Communities
The Indian Constitution contains multiple provisions specifically protecting tribal communities and their lands:
- Fifth Schedule (Articles 244(1) and 244A): applicable to tribal areas in most states; provides for Tribes Advisory Councils and empowers the Governor to modify/annul central and state laws for Scheduled Areas.
- Sixth Schedule (Articles 244(2), 275(1)): applicable to tribal areas of Assam, Meghalaya, Tripura, and Mizoram; creates Autonomous District Councils with legislative and judicial powers. Note: Andaman and Nicobar Islands are Union Territories and fall under a different framework.
- Article 46 (Directive Principle): the state shall promote the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections with special care.
- PESA Act 1996 (Panchayats (Extension to Scheduled Areas) Act): extends gram sabha powers to tribal areas; gram sabhas have mandatory consultation rights before land acquisition and displacement.
- The Andaman and Nicobar Islands are administered under the Union Territories Act and are not covered by the Fifth or Sixth Schedule — a legal gap that critics argue reduces institutional protection for island tribes.
Connection to this news: The absence of Fifth or Sixth Schedule protections for Great Nicobar, combined with alleged non-compliance with FRA's gram sabha consent requirement, leaves the Shompen and Nicobarese with limited institutional recourse against the development project.
Free, Prior, and Informed Consent (FPIC) and International Norms
Free, Prior, and Informed Consent (FPIC) is a specific right of indigenous peoples recognised under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007. FPIC requires that indigenous communities be consulted and give their free and genuine consent before any project affecting their lands, territories, and resources is approved. India voted in favour of UNDRIP. While UNDRIP is not directly enforceable under Indian domestic law, the FRA's gram sabha consent requirement is widely interpreted as giving statutory expression to FPIC principles.
- "Free" means consent without coercion, intimidation, or manipulation.
- "Prior" means consent must be sought before project approval, not as an afterthought.
- "Informed" means communities must have access to full, comprehensible information about the project's scope, impacts, and implications.
- The allegation that NOCs were obtained under duress with inadequate information directly implicates both the "free" and "informed" prongs of FPIC.
- The FRA's gram sabha consent requirement for Critical Wildlife Habitat notification and for relocation is the primary domestic legal expression of FPIC for forest-dwelling tribal communities.
Connection to this news: The core of the tribal rights controversy is an FPIC dispute: was the consent of the Shompen and Nicobarese communities genuine, informed, and freely given — or was it procedurally manufactured through a chain of substitutions and representations that the affected communities could not meaningfully participate in?
Key Facts & Data
- Forest Rights Act: enacted 2006; came into force 2008.
- Gram sabha: constitutionally the primary body for FRA consent processes; no individual can substitute for gram sabha consent.
- Shompen tribe: population approximately 250; PVTG status; semi-nomadic hunter-gatherers; territory includes the Galathea Bay area where the port is planned.
- Nicobarese tribe: indigenous to the Nicobar group of islands; Scheduled Tribe status.
- ANIIDCO: Andaman and Nicobar Islands Integrated Development Corporation — designated project proponent.
- AAJVS: Andaman Adim Janjati Vikas Samiti — government welfare agency for Andaman PVTGs; alleged conflict of interest with ANIIDCO.
- 75 PVTGs recognised across India in 18 states and 1 Union Territory.
- UNDRIP: adopted by UN General Assembly in 2007; India voted in favour; establishes FPIC as a right of indigenous peoples.
- November 2022: Tribal Council Chairman withdrew the NOC after learning fuller details of the project, per the allegations.
- May 2026: Government issued FAQs asserting full compliance with tribal safeguards; critics disputed the claims.
- FRA Section 3(1)(e): Habitat Rights — applicable specifically to PVTGs, providing the strongest form of community land and resource rights under Indian forest law.