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LEGAL CHALLENGES TO GREAT NICOBAR PROJECT

GS Paper – III Environmental Pollution and Degradation, Government Policies and Interventions

Why in the news?

The legal challenges surrounding the Great Nicobar Development Project proposed by NITI Aayog are highlighted in the article.

The NITI Aayog’s proposed ‘Great Nicobar Island Development Project’ is in the news once more, as it faces protests and appeals from conservationists, naturalists, various political parties, and civil society groups to halt the project on environmental grounds.

This development project has been touted by NITI Aayog as a ‘mega-infrastructure project‘ and a ‘strategic masterstroke.‘ It plays a vital role in defense, logistics, commerce, industry, and eco-tourism. Hence, a thorough evaluation of both the benefits and risks associated with the project is essential.

Great Nicobar Island Development Project :

Launched in 2021, a comprehensive Rs 72000 crore, the Great Nicobar Island (GNI) project is a major initiative set to be implemented at the southern tip of the Andaman and Nicobar Islands.

The project entails a comprehensive infrastructure upgrade worth ₹72,000 crores on Great Nicobar Island. It is being executed by the Andaman and Nicobar Islands Integrated Development Corporation (ANIIDCO).

The project was initiated following a report by NITI Aayog that highlighted the potential to leverage the island’s advantageous location, which is roughly equidistant from Colombo in Sri Lanka to the southwest and Port Klang (Malaysia) and Singapore to the southeast.

Aim of the Project :

The project spans 16,610 hectares and aims to capitalize on the island’s strategic location near the Malacca Strait. The Great Nicobar Island Development Project includes the development of:

  • An International Container Transshipment Terminal (ICTT)
  • A greenfield international airport
  • Two greenfield cities
  • A coastal mass rapid transport system
  • A free trade zone

Andaman and Nicobar Islands:

The Andaman and Nicobar Islands comprise two groups of islands: the Andaman Islands and the Nicobar Islands. Covering an area of 8,249 sq km, the entire chain includes 836 islands, including islets and rocky outcrops, of which approximately 38 are permanently inhabited.

Governance of the Islands: The islands are governed as a single Union Territory by the Central Government of India, under the Andaman Nicobar Administration.

Historical Background :

India’s connection to the Andaman and Nicobar Islands dates back to the aftermath of the 1857 War of Independence when the British established a penal colony for Indian revolutionaries. In 1942, the islands were occupied by the Japanese and later became the first part of India to be liberated from British rule in 1943, during a visit by Netaji Subhas Chandra Bose to Port Blair. Following the Japanese surrender in 1945, the British reoccupied the islands, which were handed over to India on the eve of Independence.

Important Features : 

  • The Andaman Islands are located to the north, while the Nicobar Islands are situated to the south, separated by the 10° Channel, which is 150 kilometres wide.
  • Indira Point, situated on Great Nicobar Island, is the southernmost tip of the Nicobar Islands and marks the southernmost point of India.
  • The Andaman and Nicobar Islands (ANI) are home to five Particularly Vulnerable Tribal Groups: the Great Andamanese, Jarwas, Onges, Shompens, and North Sentinelese.

Key Developments :

  • NITI Aayog is working on a project for Great Nicobar that will feature an international container transhipment terminal, an airport, a power plant, and a township.
  • There is a proposal for Little Andaman that seeks to develop a new greenfield coastal city to compete with Singapore and Hong Kong
  • The Kra Canal, proposed in Thailand, aims to connect the Gulf of Thailand with the Andaman Sea, providing a shortcut for shipping between the Indian Ocean and the South China Sea.

Geography of Great Nicobar Island :

Great Nicobar is the southernmost and largest of the Nicobar Islands, covering 910 sq km and primarily consisting of sparsely inhabited tropical rainforest in the southeastern Bay of Bengal. The island is hilly and covered with lush rainforests, receiving approximately 3,500 mm of rainfall annually.

The rainforests and beaches are home to many endangered and endemic species, including the massive leatherback turtle, the Nicobar megapode, the Great Nicobar crake, the Nicobar crab-eating macaque, and the Nicobar tree shrew. It spans an area of 910 sq km and features mangroves and Pandan forests along its coastline.

Great Nicobar is home to two national parks, a biosphere reserve, small populations of the Shompen, Onge, Andamanese, and Nicobarese tribal peoples, as well as a few thousand non-tribal settlers.

Significance of the Great Nicobar Island Project :

  • Strategic Importance: Great Nicobar Island is situated near the Malacca Strait, the primary waterway linking the Indian Ocean to the Pacific.

The Malacca Strait is a vital maritime chokepoint, with over 90,000 merchant ships transporting approximately 30% of the world’s traded goods through it each year.

  • Military Infrastructure: The project aims to enable the deployment of additional military forces, larger warships, aircraft, missile batteries, and troops.

Maintaining close surveillance of the entire area surrounding the archipelago and establishing a robust military deterrence at Great Nicobar is crucial for India’s national security.

  • Economical Boost: The project features an International Container Transshipment Terminal (ICTT), which has the potential to position Great Nicobar as a major player in cargo transhipment.

The ICTT is expected to enable Great Nicobar to engage in the regional and global maritime economy by emerging as a significant player in cargo transhipment.

  • Geopolitical Security Concerns: The Bay of Bengal and Indian Ocean regions are crucial for India’s strategic and security interests, particularly in light of the Chinese naval expansion.

India is particularly wary of the potential for China to strengthen its naval forces at critical chokepoints in the Indo-Pacific, such as the Malacca, Sunda, and Lombok Straits.

  • Employment for Locals: The Nicobar plan includes the development of infrastructure such as ports and airports, which will facilitate the creation of job opportunities for local residents.
  • Social Upliftment: The project aims to establish affordable, state-of-the-art facilities for healthcare, quality education, and sufficient air, sea, and internet infrastructure. Additionally, it will support the provision of e-governance services like telemedicine and tele-education as part of the Digital India initiative.

NICOBAR

Great Nicobar Island Project

LEGAL CHALLENGES ASSOCIATED WITH THE PROJECT :

  • Conservation Action Trust: It challenged the clearance of this project upto the High Tide Line which violates the coastal regulation zone which has been laid down.

In addition to the submission to the eastern bench of the NGT, CAT filed a separate appeal contesting the forest clearance.

  • Ruling of National Green Tribunal: It constituted a high-powered committee to review the green clearance which was provided to the project by the Ministry of Environment

According to this, the transhipment port does not fall in Island Coastal regulation zone-1A and this it is completely legal.

Additionally, it suggests that the allowance of such projects is in the need of development and national security.

Concerns Involved with the Project :

  • Ecological Concerns :
  • Diversion of 130 square km of forest land which will ultimately lead to the felling of 10 lakh trees and denotification of 2 Wildlife Sanctuaries: Galathea Bay Wildlife Sanctuary and the Megapode Wildlife Sanctuary.

This could potentially devastate the island’s ecosystem, affecting coral reefs, the Nicobar Megapode bird, and leatherback turtles.

  • Impact on Indigenous Tribes : The proposed Nicobar project threatens the rights of the Shompen and Nicobarese tribes living on the island.

Additionally, the project violates the letter and spirit of the Forest Rights Act (2006), which designates the Shompen as the sole legally empowered authority to protect, preserve, regulate, and manage the tribal reserve.

  • Seismic Risk: The proposed port is situated in a seismically volatile zone that experienced a permanent subsidence of approximately 15 feet during the 2004 tsunami. This raises concerns about the safety and viability of constructing a large-scale infrastructure project in such a high-risk, disaster-prone area.
  • Lack of Adequate Consultation: The local administration is accused of not adequately consulting the Tribal Council of Great and Little Nicobar Islands, as required by law. In April 2023, the National Green Tribunal (NGT) declined to interfere with the environmental and forest clearance granted to the project. However, the Tribunal ordered the formation of a high-power committee to review the clearances.
  • Undermining International Obligations: The Galathea Bay Wildlife Sanctuary on Great Nicobar Island is part of a UNESCO World Heritage Site. Therefore, preserving this pristine biodiversity is an international obligation for India.

Addressing the Trilemma of Development, Biodiversity, and Tribal Rights:

To address the trilemma of infrastructure development, preserving pristine biodiversity, and respecting the rights of Indigenous inhabitants and tribes, the following measures should be adopted:

  1. Respect Tribal Rights: Development must be carried out with due regard to tribal rights, adhering to policies like the Shompen Policy of 2015, which prioritizes tribal rights over large-scale development proposals.
  2. Separate Security and Development Capabilities: The security capabilities of the Andaman and Nicobar Islands should be addressed independently, without linking them to the developments planned for Great Nicobar Island.
  3. Reassess Economic Feasibility: The project’s location is equidistant (1,300 km) from established transhipment hubs and bunkering ports in Singapore, Port Klang (Malaysia), and Hambantota (Sri Lanka). Therefore, the economic viability of another transhipment terminal on Great Nicobar Island needs reassessment, especially with India’s recent inauguration of its own transhipment terminal in Vizhinjam, Kerala.
  4. Conduct Proper Social and Environmental Impact Assessments: Any construction under the Great Nicobar Development plan should involve a thorough Environmental Impact Assessment (EIA) as mandated by the Environment Protection Act of 1986. This ensures development is both socially and environmentally feasible.
  5. Eco-Friendly Construction: Infrastructure should be built using eco-friendly practices, strictly adhering to the GRIHA code for building construction.
  6. Ensure Transparency in Data and Reporting: NITI Aayog and the participating agencies should maintain transparency in data. The government should release data on the rationale, process of creation, and consult groups to the public. This will provide a holistic view to critics and supporters.
  7. Enhance International Cooperation: India should enhance cooperation with countries like Japan and South Korea to develop successful island development models.
  8. Explore Other Islands: Other islands in the Nicobar group, such as Little Nicobar, Nancowry, Kamorta, and Katchall, should be explored. These islands could accommodate most components of such a project without risking large-scale environmental, ecological, and anthropological damage.

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