Nicobarese oppose proposal for three wildlife sanctuaries

The Tribal Council of Campbell Bay and Nicobarese community representatives have formally opposed a proposal to establish three new wildlife sanctuaries on L...

What Happened

The Tribal Council of Campbell Bay and Nicobarese community representatives have formally opposed a proposal to establish three new wildlife sanctuaries on Little Nicobar, Menchal Island, and Meroe Island in the Andaman and Nicobar Islands.
The proposed sanctuaries are part of mitigation measures linked to the "Holistic Development of Great Nicobar" mega-project, which involves construction of a transhipment port, international airport, township, and power plant across approximately 160 sq km of forest.
The Nicobarese objection centers on lack of meaningful prior consultation, absence of gram sabha consent processes under the Forest Rights Act, and concerns that the sanctuaries would restrict their traditional access to land and marine resources.
The Shompen — a Particularly Vulnerable Tribal Group (PVTG) — and the Nicobarese, a Scheduled Tribe, both inhabit the islands affected by the development project.
The Nicobarese community had previously withdrawn a No Objection Certificate (NoC) for forest diversion in November 2022, alleging lack of genuine consent.

Static Topic Bridges

Forest Rights Act, 2006 — Individual, Community, and Habitat Rights

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (commonly called the Forest Rights Act or FRA) recognises and vests forest rights in forest-dwelling Scheduled Tribes and other traditional forest dwellers who have been occupying forest land prior to December 13, 2005.

Individual Forest Rights (IFR): Section 3(1)(a) — Right to hold and live on forestland for habitation or self-cultivation
Community Forest Rights (CFR): Section 3(1)(b)–(d) — Right to use, protect, and manage community forest resources
Habitat Rights for PVTGs: Section 3(1)(e) — Grants PVTGs rights over their traditional territory, socio-cultural practices, and livelihood systems (habitat rights cover the entire ecological zone a PVTG community depends on)
Critical Wildlife Habitat (CWH): Defined in FRA Section 2(b) — Areas of National Parks and Wildlife Sanctuaries required for wildlife conservation, to be determined and notified by the Central Government in consultation with an Expert Committee; CWH can only be declared after settling all rights under FRA
Gram Sabha: The primary authority under FRA to receive, verify, and approve forest rights claims; any forest diversion requires gram sabha consent
Role of State: State governments must constitute Nodal Agencies and Sub-Divisional and District Level Committees to process FRA claims

Connection to this news: The Nicobarese opposition centers on the claim that the gram sabha consent process was bypassed or inadequate before proposing the wildlife sanctuaries and forest diversion — a direct challenge to FRA's procedural requirements.

Particularly Vulnerable Tribal Groups (PVTGs)

PVTGs are the most vulnerable sub-category of Scheduled Tribes, identified by the government as requiring special protection and development attention due to their extremely small and declining (or stagnant) populations and pre-agricultural existence.

India has 75 notified PVTGs spread across 18 states and 1 Union Territory (Andaman & Nicobar Islands)
Andaman and Nicobar PVTGs include: Shompens (Great Nicobar), Onge (Little Andaman), Jarawa (South Andaman), Sentinelese (North Sentinel Island), Andamanese
Criteria for PVTG identification (Dhebar Commission / Shilu Ao Committee refinements from Lokur framework):
Declining or stagnant population
Pre-agricultural level of technology (hunting-gathering, shifting cultivation)
Very low literacy
No written language
Economic and social backwardness
The Shompens are strictly protected; outsider contact is prohibited to prevent disease transmission (they lack immunity to common infections)
The Nicobarese are a Scheduled Tribe but not a PVTG — they have a more settled existence with monetary economy and tribal council governance

Connection to this news: The presence of Shompens (PVTG) and Nicobarese (ST) on islands covered by the Great Nicobar project triggers both FRA habitat rights protections and heightened constitutional safeguards under Fifth Schedule provisions.

Fifth Schedule and Tribal Area Administration

The Constitution makes special provisions for the administration and control of Scheduled Areas — predominantly tribal regions — through the Fifth Schedule.

Fifth Schedule (Article 244(1)): Applies to Scheduled Areas in 10 mainland states (currently: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana)
However, the Andaman and Nicobar Islands are governed under a separate Union Territory framework, not the Fifth Schedule
Sixth Schedule (Article 244(2)): Applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram — establishes Autonomous District Councils with legislative and judicial powers
PESA (Panchayats Extension to Scheduled Areas) Act, 1996: Extends panchayati raj to Fifth Schedule areas while preserving tribal self-governance; mandates gram sabha approval for land acquisition, resettlement, and use of minor forest produce
Andaman and Nicobar Islands: Governed by the Environment Protection Act, Forest Conservation Act, and FRA, but the specific tribal reserve system is administered under the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956

Connection to this news: The Andaman and Nicobar Islands' unique legal status — governed neither by Fifth nor Sixth Schedule — creates governance ambiguity about which self-governance rights apply when forest diversion and wildlife sanctuary notifications are issued.

Wildlife Sanctuary Declaration Under Wildlife Protection Act, 1972

Wildlife Sanctuaries are protected areas notified under Sections 26–36 of the WPA 1972, offering slightly lower protection than National Parks.

Section 26A: Declaration of Wildlife Sanctuary by state government; Chief Wildlife Warden proposes, state government notifies
Unlike National Parks (where all human activity is barred), human settlements and some traditional activities can continue in Sanctuaries, subject to the sanctuary's management plan
Section 29: Prohibits destruction or exploitation of wildlife within a Sanctuary without the Chief Wildlife Warden's permission
Critical Wildlife Habitat within a Sanctuary: Under FRA, can only be notified after (a) settling all forest rights claims, (b) free, prior, and informed consent (FPIC) of gram sabhas, and (c) an Expert Committee determination that the habitat is indispensable for wildlife conservation
The proposed sanctuaries on Little Nicobar, Menchal Island, and Meroe Island are offered as biodiversity mitigation offsets for ecological damage from the Great Nicobar development project

Connection to this news: The core legal dispute is whether these sanctuaries can be notified as mitigation measures without first completing the FRA rights-settlement process and obtaining gram sabha consent — a procedural sequence the FRA mandates must precede any such notification.

Key Facts & Data

Great Nicobar project area: ~160 sq km of forest; components include transhipment port, international airport, township, power plant
Proposed sanctuaries: Little Nicobar, Menchal Island, Meroe Island (offered as biodiversity offsets)
India's PVTGs: 75 notified groups across 18 states and 1 UT (Andaman & Nicobar Islands)
Andaman & Nicobar PVTGs: Shompens, Onge, Jarawa, Sentinelese, Andamanese
Forest Rights Act, 2006 — Section 3(1)(e): Habitat rights for PVTGs over traditional territory
FRA requirement before Critical Wildlife Habitat notification: Gram sabha consent + FRA rights settlement + Expert Committee determination
Nicobarese withdrew NoC for forest diversion: November 2022
Andaman and Nicobar Islands tribal protection framework: Governed by Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Regulation, 1956
WPA 1972 Sections 26–36: Wildlife Sanctuary declaration provisions