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Environment & Ecology May 24, 2026 5 min read Daily brief · #8 of 15

Development and tribal protection in Great Nicobar not mutually exclusive: Jual Oram

The Ministry of Tribal Affairs has stated that development and tribal protection in Great Nicobar Island are not mutually exclusive, defending the ₹81,000 cr...


What Happened

  • The Ministry of Tribal Affairs has stated that development and tribal protection in Great Nicobar Island are not mutually exclusive, defending the ₹81,000 crore infrastructure mega-project.
  • The Ministry cited a pending court case and positioned the project as a "model of strategic frontier governance" for the Andaman and Nicobar Islands.
  • Opposition groups allege the project violates the Forest Rights Act, 2006 — specifically that no forest rights claims were settled before forest clearance was granted and that Gram Sabha consent was not properly obtained from the Shompen, a Particularly Vulnerable Tribal Group (PVTG).
  • The Calcutta High Court's Port Blair circuit bench has agreed to hear a PIL challenging the project on grounds of Forest Rights Act violations.
  • As of April 2026, the National Green Tribunal cleared the project based on findings of the High-Powered Committee it constituted in 2023.

Static Topic Bridges

The Great Nicobar Island Development Project

The Great Nicobar Island Development Project, being implemented by the Andaman and Nicobar Islands Integrated Development Corporation (ANIIDCO) at an estimated cost of ₹81,000 crore, proposes to build: an international container transshipment terminal, a dual-use civil and military airport, a gas and solar power plant, and a township. The island sits at the southern tip of India near the Strait of Malacca — one of the world's busiest shipping lanes — and is strategically proximate to the Strait of Sunda and the Six Degree Channel. Approximately 130 sq km of forested land, currently inhabited by tribal communities, falls within the project footprint.

  • Total project cost: ₹81,000 crore (revised from initial ₹75,000 crore estimate in 2022).
  • Great Nicobar Island area: approximately 910 sq km.
  • Tribal reserve area under Andaman and Nicobar (Protection of Aboriginal Tribes) Regulation, 1956: approximately 853 sq km (about 93% of the island's total area).
  • Forest clearance granted in January 2023 for approximately 130.75 sq km of forest land.

Connection to this news: The Ministry's defence of the project frames strategic and economic imperatives alongside tribal welfare — a position contested by civil society groups invoking statutory protections under the Forest Rights Act.


The Shompen — A Particularly Vulnerable Tribal Group (PVTG)

The Shompen are the indigenous inhabitants of the interior of Great Nicobar Island, classified as a Particularly Vulnerable Tribal Group (PVTG). According to the 2011 Census, their population was approximately 229 persons, making them one of the smallest tribal communities in India. They are largely uncontacted, nomadic, and dependent on the rainforest ecosystem of the island. The PVTG category was created in 1975 (then called Primitive Tribal Groups) on the recommendation of the Dhebar Commission, and is applicable to 75 communities across 18 states and one Union Territory, identified on criteria of pre-agricultural technology, declining or stagnant population, very low literacy, and subsistence-level economy.

  • Shompen population (2011 Census): approximately 229.
  • Total PVTGs in India: 75 groups across 18 states and 1 UT.
  • PVTG category created: 1975 (renamed from Primitive Tribal Groups to PVTGs in 2006).
  • The Nicobarese (a Scheduled Tribe) also reside on Great Nicobar Island.

Connection to this news: Because the Shompen are uncontacted and do not read or communicate in languages used by the administration, the legal requirement of "informed consent" under the Forest Rights Act raises fundamental procedural questions that the pending PIL seeks to address.


Forest Rights Act, 2006 — Key Provisions

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Act 2 of 2007) recognises and vests forest rights in forest-dwelling Scheduled Tribes and other traditional forest dwellers. Key provisions relevant to the Great Nicobar dispute include:

  • Section 3(1)(e): Rights of PVTGs over their habitat, including the right to protect, regenerate, and manage their habitat.
  • Section 4(2): Resettlement from wildlife/forest areas requires: (i) scientific demonstration that relocation is necessary; (ii) public consultation; (iii) community consent; and (iv) provision of secure alternative livelihood — all four conditions must be fulfilled before displacement.
  • Section 6: The Gram Sabha (village assembly) is the primary authority for initiating claims, verifying rights, and providing consent.
  • The Act explicitly empowers Gram Sabhas to protect the community's habitat from destructive practices.
  • Act passed: 18 December 2006; came into force: 1 January 2008.
  • Implementing ministry: Ministry of Tribal Affairs.
  • Individual rights cover up to 4 hectares of cultivated land.
  • Community rights include non-timber forest produce (NTFP), grazing rights, water bodies, and Community Forest Resource (CFR) management.

Connection to this news: Petitioners argue that forest diversion for the Great Nicobar project was approved without settling tribal claims under FRA and without valid Gram Sabha consent — a procedural infirmity that would render forest clearances legally untenable.


Fifth Schedule vs. Sixth Schedule — Constitutional Tribal Protections

The Constitution provides two distinct frameworks for tribal administration. The Fifth Schedule (Article 244(1)) applies to Scheduled Areas in mainland India and empowers Governors to regulate land transfers to/from Scheduled Tribes, make Regulations for peace and good governance, and requires a Tribes Advisory Council (TAC). The Sixth Schedule (Article 244(2)) applies to certain Northeastern states (Assam, Meghalaya, Tripura, Mizoram) and establishes Autonomous District Councils with legislative, executive, and limited judicial powers.

The Andaman and Nicobar Islands fall under neither Schedule. The tribal communities there are protected primarily by the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956, which reserves approximately 853 sq km of Great Nicobar as a tribal reserve and prohibits land transfer, acquisition, or alienation within it.

  • Fifth Schedule: Article 244(1) — applies to 10 states (Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana).
  • Sixth Schedule: Article 244(2) — applies to Assam, Meghalaya, Tripura, and Mizoram.
  • Great Nicobar Island: protected by the 1956 Regulation, not Fifth or Sixth Schedule.
  • PESA (Panchayats (Extension to Scheduled Areas) Act, 1996): extends self-governance to Fifth Schedule areas — does not apply to Union Territories.

Connection to this news: The Ministry's position that development and tribal protection are not mutually exclusive must be evaluated against these specific legal instruments, particularly the 1956 Regulation's near-total reservation of the island as tribal territory.

Key Facts & Data

  • Great Nicobar Island Development Project cost: ₹81,000 crore.
  • Island total area: ~910 sq km; tribal reserve under 1956 Regulation: ~853 sq km (~93%).
  • Forest land cleared for the project: ~130.75 sq km.
  • Shompen population: ~229 (2011 Census); classified PVTG.
  • Total PVTGs in India: 75 groups across 18 states and 1 Union Territory.
  • Forest Rights Act, 2006: recognises individual rights (up to 4 ha cultivation) and community/habitat rights for PVTGs.
  • Forest clearance granted: January 2023.
  • NGT cleared project: April 2026 (based on High-Powered Committee findings, 2023).
  • PIL pending before: Calcutta High Court, Port Blair circuit bench.
  • Great Nicobar's strategic location: near Six Degree Channel and Strait of Malacca — one of the world's busiest shipping lanes.
On this page
  1. What Happened
  2. Static Topic Bridges
  3. The Great Nicobar Island Development Project
  4. The Shompen — A Particularly Vulnerable Tribal Group (PVTG)
  5. Forest Rights Act, 2006 — Key Provisions
  6. Fifth Schedule vs. Sixth Schedule — Constitutional Tribal Protections
  7. Key Facts & Data
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