Ecological Significance of Great Nicobar

• Part of a major biological diversity hotspot.

• Functions as a global carbon reservoir and climate regulator.

• Rich ecosystem at risk from large-scale infrastructure plans.

The Government’s Mega-Project

• Planned infrastructure: power plant, township, transshipment port, airport.

• Impact: diversion of 13,000 hectares of pristine forests.

• Mainland-driven development model often ignores island-specific ecological needs.

Legal Precedent – Niyamgiri Hills Case (2013)

• Case: Orissa Mining Corporation Ltd. vs Ministry of Environment & Forest (Dongoria Kondh tribe).

• Supreme Court upheld gram sabha’s competence under the Forest Rights Act, 2006.

• Tribes protected culture, religion, and environment via democratic referendum.

• Pertinent question: Has the Tribal Council of Nicobar been allowed similar competence?

Claims by Tribal Council

• Alleged false representation to the Centre about settlement of forest rights.

• Rights under the Forest Rights Act not settled before diversion of forest land.

Rights of Nature – Global Trends

• Concept: Granting legal standing to natural entities (forests, rivers, ecosystems).

• Adopted by Bolivia, Colombia, Ecuador, New Zealand.

• Inspired by Christopher Stone’s 1972 article Should Trees Have Standing?

• Proposal: Guardianship bodies to act on behalf of nature in court.

Indian Experience

• 2017 Uttarakhand High Court granted legal personhood to Ganga, Yamuna, and glaciers.

• Supreme Court stayed ruling but retained guardianship idea as a workable model.

Colombian Guidance – Atrato River Case (2016)

• Recognised bio-cultural rights of indigenous communities.

• Advocated autonomous administration and protection of territories.

• Guardianship commissions must include indigenous representation.

Additional Points & Possible Directions

• Integration of “Rights of Nature” into the Forest Rights Act for stronger legal grounding.

• Formation of multi-stakeholder guardianship bodies in ecologically sensitive zones.

• Clear definition of nature’s rights, scope, legal remedies, and custodial responsibilities.

• Use gram sabha referendums as an essential democratic safeguard for land diversion.