Gram Sabhas that gave nod to Great Nicobar project did not have mandatory 50% quorum
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๐ Summary:
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The Andaman & Nicobar Islands (A&NI) administration has admitted in the Calcutta High Court that Gram Sabha meetings held to obtain consent for the Rs 92,000-crore Great Nicobar Island project did not achieve the mandatory 50% quorum required under the Forest Rights Act (FRA)
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Instead, the administration claimed attendance of only 2%โ15% of the population counted as "proper quorum" โ a legally untenable position
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FRA quorum requirement: Central government rules for FRA implementation require that at least one-half (50%) of the adult population of the village be present at Gram Sabha meetings, of which one-third must be women
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What happened: Three Gram Sabha meetings were held for Campbell Bay, Laxmi Nagar, and Govind Nagar Gram Panchayats (covering 7 villages) โ all completed within half an hour; administration argued SDLC (Sub-Divisional Level Committee) acceptance of the resolution compensated for quorum deficit
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Additional irregularities: Petitioner's affidavit noted that dozens of names appeared in all three Gram Sabha meetings, and in some cases the same name was repeated in the same Gram Sabha's attendance list โ suggesting fabricated attendance
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Tribal representation issue: Nicobarese and Shompen tribal communities are not covered under Gram Sabha structure; they are represented through the Tribal Council, which should have been the body consulted for consent โ but was not
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Calcutta HC hearing: Court took up these submissions on May 6; petitions challenge both Gram Sabha resolutions and the constitution of the SDLC
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Project background: Great Nicobar Island development project (Rs 92,000 crore) involves port, township, airport, and power plant on a sensitive island near the Malacca Strait; raises serious environment and tribal rights concerns
๐ฏ UPSC Relevance: GS2 โ Governance & Polity | Forest Rights Act; tribal consent; Gram Sabha powers; Panchayati Raj; GS3 โ Environment (EIA process, coastal development)
๐ Prelims Facts:
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Forest Rights Act (FRA) 2006: recognises rights of forest-dwelling STs and other traditional forest dwellers; requires Gram Sabha consent for diversion of forest land
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Gram Sabha quorum under FRA rules: 50% adult population + 1/3 women mandatory
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Great Nicobar Island project cost: Rs 92,000 crore
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Shompen tribe: particularly vulnerable tribal group (PVTG) of Great Nicobar Island; among India's most isolated tribes
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SDLC = Sub-Divisional Level Committee (reviews FRA claims and resolutions)
๐ Key Term: Free, Prior and Informed Consent (FPIC) โ The principle that indigenous/tribal communities must be consulted and give consent before any project affecting their land and forests is approved; Gram Sabha under FRA is the institutional mechanism for obtaining this consent in India
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