Jairam Ramesh flags violation of FRA in clearance of Great Nicobar Island Project, urges action from Ministry of Tribal Affairs

A formal letter was sent to the Ministry of Tribal Affairs flagging what was described as "flagrant violations" of the Forest Rights Act (FRA), 2006 in the e...

What Happened

A formal letter was sent to the Ministry of Tribal Affairs flagging what was described as "flagrant violations" of the Forest Rights Act (FRA), 2006 in the environmental and forest clearance granted to the Great Nicobar Island Project.
The letter argued that the project proceeds without obtaining the free, prior, and informed consent (FPIC) of the indigenous Shompen and Nicobarese communities — a mandatory requirement under the FRA.
The Ministry of Tribal Affairs had, in November 2020, issued a No Objection Certificate subject to compliance with the FRA and procedures to ensure informed consent; that process was stated to have not been followed.
The total forest area to be diverted for Phase I of the project is 130.75 sq km, which constitutes tribal habitat — encompassing the traditional lands and villages of the Nicobarese and the territory of the Shompen.
Immediate remedial action from the Ministry of Tribal Affairs was demanded to ensure legal compliance before the project proceeds further.

Static Topic Bridges

Forest Rights Act, 2006 (Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights Act)

The FRA, enacted in 2006, recognises and vests forest rights in forest-dwelling Scheduled Tribes and other traditional forest dwellers who have occupied forest land for generations. It corrects the "historical injustice" done to such communities by colonial and post-colonial forest governance.

The Gram Sabha is the primary institution empowered to receive, verify, and approve individual and community forest rights claims.
A 2009 Ministry circular mandates written consent of the Gram Sabha before forest land can be diverted for any project.
Rights recognised include individual land rights, community forest rights (CFR), and habitat rights for Particularly Vulnerable Tribal Groups (PVTGs).
Section 5 enjoins rights-holders to conserve biodiversity, wildlife, and ecologically sensitive areas within their habitats.

Connection to this news: The allegation is that forest diversion clearance was granted without obtaining the Gram Sabha's free, prior, and informed consent — a direct violation of the consent mechanism the FRA mandates before any diversion.

Particularly Vulnerable Tribal Groups (PVTGs)

PVTGs are a sub-category of Scheduled Tribes identified by the Government of India as especially marginalised, characterised by pre-agricultural technology, low literacy, declining or stagnant population, and subsistence-level economies. There are 75 PVTGs across 18 states and one Union Territory.

The Shompen of Great Nicobar Island are classified as a PVTG; they maintain a semi-nomadic lifestyle and have historically had minimal contact with the outside world.
The FRA grants PVTGs special habitat rights over customary territory beyond the 75-hectare individual limit.
Contact with outside populations poses documented risks of epidemic disease for isolated tribes.

Connection to this news: The Shompen's PVTG status means their habitat rights under FRA carry the highest level of legal protection — making any diversion without FPIC especially legally fraught.

Environmental and Forest Clearance Processes in India

Large projects on forest land in India require two sequential clearances under the Forest (Conservation) Act, 1980: in-principle (Stage I) and final (Stage II) forest clearance. Separately, environmental clearance is required under the Environment Protection Act, 1986.

The FRA compliance certificate — confirming that tribal rights recognition is complete and that Gram Sabha consent has been obtained — is a prerequisite for Stage II forest clearance.
The National Commission for Scheduled Tribes (NCST) has statutory advisory powers on matters affecting Scheduled Tribes.
Social Impact Assessments (SIA) for projects in tribal areas must account for the rights and livelihoods of affected communities.

Connection to this news: Critics contend that Stage II forest clearance was granted without the FRA compliance certificate being in order, and that the Social Impact Assessment did not even reference the Shompen and Nicobarese communities.

Great Nicobar Island Project — Overview

The Great Nicobar Island Project is a large infrastructure initiative being implemented by the Andaman and Nicobar Islands Integrated Development Corporation. It proposes four major components on India's southernmost island.

The four components are: a transshipment port at Galathea Bay, a greenfield international airport, a township and tourism complex, and a power plant.
Total forest diversion across the project is 130.75 sq km; an estimated 18.65 lakh trees lie in the diversion zone, of which up to 7.11 lakh may be felled.
The island sits within India's Exclusive Economic Zone near the Strait of Malacca — one of the world's busiest shipping lanes — giving the project significant strategic value.
It falls within a biosphere reserve and is ecologically classified as a biodiversity hotspot.

Connection to this news: The scale of forest diversion and proximity to tribal habitat make FRA compliance the central legal and ethical question facing the project's clearance process.

Key Facts & Data

Forest area to be diverted (Phase I): 130.75 sq km
Total trees in diversion zone: approximately 18.65 lakh
Trees to be felled across all phases: up to 7.11 lakh
Ministry of Tribal Affairs NOC issued: November 2020 (conditional on FRA compliance)
Shompen — classification: Particularly Vulnerable Tribal Group (PVTG)
FRA enacted: 2006 (Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights Act)
Number of PVTGs in India: 75, across 18 states and 1 UT
Key legal principle at issue: Free, Prior, and Informed Consent (FPIC) of Gram Sabha before forest diversion