Forest Rights and the Great Nicobar Mega-Project: The case before the Calcutta High Court

📌 Summary:

• Calcutta High Court's Port Blair Circuit Bench (May 8) agreed to hear PIL by ex-Union Secretary Meena Gupta alleging Forest Rights Act, 2006 violations in Great Nicobar Island (GNI) project
• Bench overruled Union/A&N Administration's preliminary objections on maintainability and two related matters (reduction of buffer zones of Galathea NP and Campbell Bay NP)
• GNI Project: Rs 81,000 crore — integrated township + transshipment container port + solar-and-gas power plant + greenfield dual-use (military + civilian) airport
• PIL challenges three core procedural elements: (1) Constitution of the Sub-Divisional Level Committee (SDLC) for Campbell Bay tehsil (2) Gram Sabhas convened in Campbell Bay, Laxmi Nagar, Govind Nagar on August 12, 2022 and their resolutions consenting to forest diversion (3) Recognition of Forest Rights (RoFR) certificate issued August 18, 2022 by Deputy Commissioner, Nicobar district
• Petitioner contends "consent" obtained under FRA was vitiated — not a single forest rights claim has been settled on Great Nicobar Island
• Under FRA 2006 + Rules + MoEFCC's 2009 order: forest diversion must be preceded by settlement of forest rights claims of Scheduled Tribes & Other Traditional Forest Dwellers
• Petitioner had earlier represented to President of India; no response received

🎯 UPSC Relevance: GS3 — Environment & Biodiversity (Conservation, EIA, ecological clearances); GS2 — tribal rights, governance failure; GS1 — Society (PVTGs like Shompen & Nicobarese); flagship case-study for SC clearances vs forest rights debate

📝 Prelims Facts:

• Forest Rights Act = Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
• Recognises individual and community forest rights; Gram Sabha is the lowest-level authority
• Recognition body sequence: Forest Rights Committee → Sub-Divisional Level Committee (SDLC) → District Level Committee (DLC)
• Great Nicobar PVTGs: Shompen (interior) and Nicobarese (coast)
• National Parks affected: Galathea NP and Campbell Bay NP — buffer zone reduction proposed
• 2009 MoEFCC order — mandates forest rights settlement before diversion

🔑 Key Term: Forest Rights Act (FRA), 2006 — recognises pre-existing rights of Scheduled Tribes and Other Traditional Forest Dwellers (≥3 generations dependence) over forest land and resources; Gram Sabha is the central authority for verifying claims, and its consent is mandatory before any forest land is diverted for development projects.