New Delhi, Jul 9 (PTI) The National Commission for Scheduled Tribes (NCST) has denied sharing information on the potential effects of a proposed mega infrastructure project in Great Nicobar Island on primitive tribal groups and the relocation of villages from tiger reserves. The refusal, citing parliamentary privilege and other legal exemptions, has sparked controversy.
A PTI correspondent filed a Right to Information (RTI) application on April 3, 2023, requesting access to the minutes of all NCST meetings since January 1, 2022, communications with the Union Ministry of Tribal Affairs regarding the Great Nicobar Island Development Project and its impact on Particularly Vulnerable Tribal Groups (PVTGs) like the Shompens, and correspondence concerning the National Tiger Conservation Authority's (NTCA) directive to relocate villages from core areas of tiger reserves.
The NCST disposed of the RTI application on June 9, over two months after receiving it, advising the applicant to check the commission’s website (http://ncst.nic.in) for meeting minutes. However, the minutes since April 6, 2021, have not been uploaded.
Concerning the Great Nicobar project and the NTCA directive, the NCST asked for the relevant file number to provide the required information. In a July 2 response to a first appeal, the commission stated that the information requested was exempt from disclosure under constitutional provisions and certain clauses of the RTI Act.
Y P Yadav, Deputy Secretary and First Appellate Authority (FAA), highlighted Article 338A of the Constitution, emphasizing that the NCST submits reports to the President and investigates complaints regarding Scheduled Tribes' rights. The RTI response stated that since these reports are presented in Parliament, there is no requirement to disclose such information publicly under the RTI Act.
The commission also cited several clauses of Section 8 of the RTI Act that permit withholding information in specific circumstances, such as breaching "parliamentary privilege," endangering someone's safety, identifying a source of information, or impeding investigations or prosecutions.
The order referred to a Department of Personnel and Training (DoPT) clarification rooted in a 2009 Bombay High Court judgment, emphasizing that public information authorities are not obliged to explain why certain actions were taken or not. Tribal rights experts argue that the NCST’s refusal to share meeting minutes conflicts with the principles of transparency and accountability.
"The NCST is designed to protect tribal interests. Denying access to basic operational information undermines its purpose," remarked a tribal rights researcher who wished to remain anonymous. The denial coincides with heightened criticism of the Great Nicobar Island project from conservationists, scientists, and tribal rights advocates, fearing displacement of Indigenous communities and irreversible damage to ecologically sensitive areas.
The 'Holistic Development of Great Nicobar' project includes constructing a transshipment port, international airport, township, and power plant over more than 160 sq km. This area includes approximately 130 sq km of untouched forest inhabited by the Nicobarese, a Scheduled Tribe (ST), and the Shompens, a Particularly Vulnerable Tribal Group (PVTG), with a population estimated between 200 and 300.
The NTCA's directive for village relocations from tiger reserves also faces controversies over lacking proper consultation with the affected communities and potential violations of the Forest Rights Act. In an interview with PTI in June, NCST member Asha Lakra noted that tribal communities in Great Nicobar are not opposed to development but are not well-informed about the proposed mega project.
Lakra led an NCST team’s visit to the Andaman and Nicobar Islands from June 5-7 to address tribal community issues, holding detailed meetings with representative groups including the Great Andamanese, Jarawa, Nicobarese, and Shompens. However, Barnabas Manju, Chairman of the Little and Great Nicobar Tribal Council, claimed the council was not invited and only learned of the meeting through local media.
In November 2022, the council wrote to the Union Environment Ministry and Andaman and Nicobar administration, rescinding a no-objection certificate (NOC) issued in August that year for denotifying 84.1 sq km of tribal reserve and diverting 130 sq km of forest for the project. They alleged critical information was omitted when the NOC was solicited.
In April 2023, the NCST ordered the Andaman and Nicobar administration to provide "facts and an action-taken report" on allegations that the mega project might breach constitutional mandates and adversely impact local tribal lives.
During a media briefing last month, Union Tribal Affairs Minister Jual Oram mentioned that his ministry was evaluating objections from tribal communities regarding the project. Previously, in February, former NCST acting vice chairperson Ananta Nayak termed media criticism of the "strategically crucial" project an "international conspiracy," asserting national security should be paramount.
Great Nicobar Island is strategically significant, as the Andaman and Nicobar Islands offer India a commanding geostrategic stance in the Bay of Bengal and access to South and Southeast Asia.
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