Why in news?

• The National Commission for Scheduled Tribes (NCST) has now flagged alleged discrepancies with respect to the forest clearance granted for the Great Nicobar Island (GNI) Project.

What’s in today’s article?

• National Commission for Scheduled Tribes (NCST)
• Great Nicobar Island (GNI) Project
• News Summary

What is National Commission for Scheduled Tribes (NCST)?

• Background
  • NCST was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003.
  • By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely-
    • the National Commission for Scheduled Castes (NCSC), and
    • the National Commission for Scheduled Tribes (NCST).
• About
• NCST is a constitutional body in India that was established in 2004.
• Its main objective is to safeguard and promote the rights and interests of the Scheduled Tribes.
• The NCST is responsible for monitoring the implementation of various safeguards and welfare measures provided to the Scheduled Tribes under the Constitution of India and other laws.
• Composition
  • NCST consists of one chairperson, one vice-chairperson and three full-time members.
  • The term of office of Chairperson, Vice-Chairperson and each member is three years from the date of assumption of charge.
  • The Chairperson has been given the rank of Union Cabinet Minister, and the Vice-Chairperson that of a Minister of State and other Members have the ranks of a Secretary to the Government of India.

Great Nicobar Island project

• In November 2022, the Environment ministry has given environmental clearance for the Centre’s ambitious Rs 72,000 crore multi-development projects in Greater Nicobar Island.

What is the proposal?

• The Great Nicobar Island (GNI) is a mega project to be implemented at the southern end of the Andaman and Nicobar Islands.
• The project includes an international container trans-shipment terminal, an international airport, township development, and a 450 MVA gas and solar based power plant over an extent of 16,610 hectares in the island.
• The port will be controlled by the Indian Navy, while the airport will have dual military-civilian functions and will cater to tourism as well.

News Summary: Nicobar project violates tribal rights

• The NCST has cited alleged violations under the Forest Rights Act (FRA), 2006 with respect to the forest clearance granted for the Great Nicobar Island (GNI) Project.
  • The FRA provides for the recognition of wider community rights over forest land.
  • The legislation allows forest communities the right to control and manage the use of the forest land over which they hold titles and their consent is mandatory for diverting it.

What are the concerns raised by the NCST with respect to GNI Project?

• Violations under the Forest Rights Act (FRA), 2006
  • According to Rule of Forest Conservation Rules-2017 (FCR), any diversion of forest land would first require the District Collector to recognise and vest rights to locals under the FRA.
  • Only then do the rules permit authorities to seek consent of the now-rights-holding gram panchayats for the diversion of this land.
    • These provisions were envisioned to give primacy to rights of indigenous forest-dwelling communities.
  • However, the district administration did not receive or process a single claim over forest land under the FRA.
  • Instead, a special Gram Sabha meeting was called and a resolution was purportedly passed.
    • The resolution consented to diversion of the forest land adjacent to their villages for the purpose of the project.
• NCST had also opposed the Forest (Conservation) Rules (FCR) 2022
• FCR 2022 make a provision for private parties to cultivate plantations and sell them as land to companies who need to meet compensatory forestation targets.
  • The rules allow private developers to clear forests without first seeking the permission of the forest dwellers.
• NCST opposed the FCR-2022, which had done away with the consent clause altogether.
• Nil implementation of FRA
  • The Andaman and Nicobar administration had reported nil implementation of FRA.
    • The justification of the administration has been that the islands have the Andaman and Nicobar Islands (Protection of Aboriginal Tribes) Act, 1956 (PAT56).
    • This act already provides for the full protection of the interests of forest-dwelling Scheduled Tribes.
    • So, there is no claim as such for settlement under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
  • NCST claimed that, under the PAT56, a significant portion of the forest land in Great Nicobar has been marked as a Tribal Reserve.
  • Over these reserves, local tribespeople have been given rights to use and collect resources as and when needed for their daily sustenance.
  • However, the power of notification and de-notification of the land as a Tribal Reserve is solely with the administrator of the islands under PAT56.