Great Nicobar revives the issue of nature’s legal rights

UPSC Syllabus Topic: GS Paper 3 – Ecology and Environment And Infrastructure

Introduction

Great Nicobar lies in a fragile island ecosystem that is a global biodiversity hotspot and carbon reservoir. A mainland-driven mega development plan— will affect about 13,000 hectares of forest.The project is also of critical importance for defence, logistics, commerce and industries, and eco-tourism. Therefore the core issue is how to pursue development without harming the island’s ecology and communities. Great Nicobar revives the issue of nature’s legal rights.

About Great Nicobar Island Development Project

1. The Great Nicobar Island Development Project involves a comprehensive Rs 72,000-crore infrastructure upgrade on Great Nicobar Island. It is being implemented by the Andaman and Nicobar Islands Integrated Development Corporation (ANIIDCO).
2. The Great Nicobar Island Development project includes development of following:

An International Container Transshipment Terminal (ICTT)

A greenfield international airport

Two greenfield cities

A coastal mass rapid transport system

A free trade zone

International cruise terminal (New addition)

A ship breaking yard (New addition)

Significance of Great Nicobar Island Development Project

1. Geo-strategic benefit: Great Nicobar Island is located close to the Malacca Strait, which is the main waterway connecting the Indian Ocean to the Pacific. The Great Nicobar Island Project aims to take advantage of this strategic position to enhance India’s role in the regional and global maritime economy.
2. Geo-Security Concerns: The Bay of Bengal and Indian Ocean region are vital for India’s strategic and security interests, especially with the Chinese naval expansion. The project will strengthen India’s maritime security and deterrence capabilities.
3. Upgradation of military infrastructure: The Great Nicobar project also helps in the upgradation of military infrastructure by the establishment of airfields, jetties, and surveillance facilities.
4. Economic Boost: The project includes an International Container Transshipment Terminal (ICTT), which can make Great Nicobar a significant player in cargo trans shipment. The ICTT is expected to boost economic activities in the region.
5. Creation of Job opportunities for locals: The Nicobar plan involves the creation of infrastructure (ports, airportsetc.). This will help in creation of job opportunities for the locals.
6. Tourism Development: It helps in creation of tourism prospects in the region. This will aid the income generation in the region. The per capita income in Andaman & Nicobar Islands for the year 2015-16 was Rs. 1,24,361. This was much lower than the per-capita income of other Union Territories (Chandigarh, Delhi, and Puducherry.)
7. Social Benefits: The Project would help in the creation of affordable state-of-the-art facilities for healthcare, quality education, and adequate air, sea and web infrastructure. It will also facilitate the delivery of e-governance services such as telemedicine and tele-education, as a part of the Digital India initiative.

Major concerns related to the Great Nicobar Island Development Project

1. Ecological risk: The Andaman & Nicobar Islands are a major global biodiversity hotspot and a carbon reservoir; the mega-plan will affect 13,000 hectares of pristine forests, threatening island ecology.
2. Mainland-driven planning: Development has been shaped by mainland priorities that are far removed from island needs, risking ecological mismatch.
3. Forest rights & due process: Serious doubt whether the Tribal Council of Little and Great Nicobar was allowed to certify settlement of rights under the Forest Rights Act before forest diversion; a report alleges false representation that rights were settled.
4. Pattern of “planned disasters”: The project echoes a wider pattern where big multipurpose projects proceed despite environmental law failing to protect ecology.
5. Governance gap: Without community-centred decision-making, the project risks harming culture, religion, and environment, as seen in conflicts like Niyamgiri (as referenced).
6. Seismic Vulnerability: The proposed port which is an integral part of this project, is located in a seismically volatile zone, which experienced permanent subsidence of around 15 feet during the 2004 tsunami. This raises concerns about the safety and viability of constructing such a large-scale infrastructure project in a high-risk, disaster-prone area.
7. Undermining international obligations: The Galathea Bay Wildlife Sanctuary located in the Great Nicobar Island forms part of a UNESCO World Heritage Site. Hence the preservation of this pristine biodiversity is an International Obligation of India.

Way Forward

1. Apply the Niyamgiri precedent (2013): Follow Orissa Mining Corporation Ltd. vs Ministry of Environment & Forests & Ors. in the Niyamgiri Hills case. Ensure prior recognition and settlement of forest rights; allow gram sabha/Tribal Council to exercise competence and decide after informed consultation.
2. Center bio-cultural rights (Atrato River, Colombia, 2016): Use the Atrato River judgment’s idea of bio-cultural rights to recognise the authority of indigenous communities to autonomously protect their territories and resources.
3. Consider rights of nature / earth jurisprudence : Draw on the Uttarakhand High Court’s 2017 ruling in Mohd. Salim vs State of Uttarakhand & Others that conferred legal personhood (though later stayed) on the Ganga, Yamuna, Gangotri and Yamunotri. Explore tailored legal personhood for key natural entities in Great Nicobar, with a designated guardianship body to speak for them and receive remedies.
4. Clarify the legal design: Before proceeding, study and define which natural entities hold rights, what rights they have, who speaks for them,and who bears responsibility to uphold those rights.
5. Verify FRA compliance claims : In light of the report “Forest rights of tribal people were not settled for Nicobar project: council” (August 23, 2025), re-examine whether Forest Rights Act claims were accurate before diverting forest land, and take corrective action if misrepresentation occurred.
6. Learn from past “planned disasters” : Keep in view the cautionary examples of Tehri, Koel Karo, and Sardar Sarovar. Do not proceed without community-centered decision-making and strong ecological safeguards suited to island conditions.
7. Re-assessment of economic feasibility of the project- The project lies equidistant (1,300 km) from established transshipment hubs and bunkering ports of Singapore, Port Klang (Malaysia) and Hambantota (Sri Lanka). Hence the economic viability of yet another transshipment terminal in Great Nicobar Island needs to be reassessed, especially since India inaugurated its own transshipment terminal in Vizhinjam in Kerala.
8. Eco-friendly Construction: The construction of infrastructure should be done using eco-friendly practices like strict adherence to GRIHA code for building construction.
9. Transparency in Data and Report- NITI Aayog and the agencies participating in planning should maintain transparency in data. The government should release the data on the rationale, the process of creation, consulted groups etc. in public domain. This will give a holistic view to critics and supporters.

Conclusion

Protecting Great Nicobar demands settling forest rights, respecting Tribal Council authority, and adopting guardianship models that give nature a voice. Without community consent, legal clarity, and island-specific ecological limits, the project risks repeating planned disasters. Development must proceed only if it demonstrably preserves culture, biodiversity, and resilience in this uniquely fragile ecosystem.

Question for practice:

1. Discuss the key benefits and the major concerns of the Great Nicobar Island Development Project, and suggest a balanced way forward.

Source: The Hindu