Author: BADAL KUMAR  2^nd year BBA LL. B (Law Collage Dehradun)

This article is about how tribal people facing challenges on there on land and patriating false claim and also destroying their culture, tradition, and their birth place just because of the development in the forest region. I agree with that if country need to develop then they have to build the high advance infrastructure in the country for that reason forest should be clear but not harm the culture, tradition of distinguish people. There in this case in the great Nicobar Island there is mega infrastructure project is granted for the 72000 crores. This project includes transshipment port, an airport, a power plant and a township are going to build, which affect the area of tribal people. The local people have given the consent to the deputy commission of Nicobar district but the problem is that DC of Nicobar district was working in the more area which consent was not given to them by the local tribal. By looking this Gram Sabha’s has told that they have given the consent which involve the Nicobarese of greater Nicobar whose ancestral villages of Chingenh, in Haeng Loi and many others were affected by this and also their culture, tradition, and get impact on vulnerable goods.

The local people get concerns about the effected of forest area from the project and for this reason, the local tribal in a letter to Mr. Oram clarifies that they have not given the consent for the project and forest right act have not been initiated. Mrs. Oram said that they will investigate the issue and till know nothing has been come from the minister about this situation. Like this there are many cases in which tribal people have file the case but they don’t get anything in return they are still pending in the court of law and there are many situations in which tribal people where not aware of the law and regulation that constitution have provide them for protecting their culture, tradition, and respect their living. In this situation tribal people fighting for their own rights and waiting for the long period of time for the decision and they have no guarantee that they will get any decision on this or there case also will leave in the side of the corner.

There is case Orissa mining Corporation v. Ministry of Environment & forests (2013) related to this in case impact of mining activity on local ecosystem and the rights of indigenous community. Forest right act 2006 is used for taking the consent of local is necessary for any project, supreme court said that in this case is that Scheduled Tribes and TFD their traditional land and resources that any activity much respect culture and economic rights and also said the consent from communities is not just a formality but legal requirement under Forest Right Act. In this case supreme court has given three recommendation that. conducting through environment and social impact assessment. 2.Ensuring that the right of local communities is prioritized in future decision. Establishing mechanism for monitoring compliance with environment regulation. So, the same recommendation is required for the government in this Nicobar case also so that their right should not infringe and they can protect their culture, tradition and their birth place