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From an ecological constituent of view, the Andaman and Nicobar Islands tin beryllium easy rated arsenic 1 of the world’s astir large biologic diverseness hotspots, acting arsenic a planetary c reservoir and clime regulator. Unfortunately, the improvement trajectory of the Andaman and Nicobar Islands has been mostly influenced by mainland India which has often been acold removed from the needs of an land ecology. The contented successful absorption present is the Government of India’s multi-crore mega-plan for the Great Nicobar Island — the operation of a powerfulness plant, township, transshipment larboard and airport, which volition besides impact 13,000 hectares of pristine forests.
Essential judicial precedent
A landmark judgement relating to the contented of diversion of forests that could travel to the rescue of the Great Nicobar Island is the Niyamgiri Hills case, pursuant to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
In its 2013 judgment, successful Orissa Mining Corporation Ltd. vs Ministry Of Environment & Forest and Ors., the Supreme Court of India addressed the concerns of the Dongoria Kondh people who resisted plans for bauxite mining successful the ineffable Niyamgiri Hills of Odisha. Following protests by the tribes successful the portion against mining which threatened their culture, religion and environment, the Court ordered a referendum successful the affected gram sabhas, which unanimously voted against the project. The Court upheld the competence of the gram sabha to safeguard and sphere the traditions of the community, their taste identity, assemblage resources and assemblage modes of quality resolution.
In airy of this judgment, the pertinent questions with respect to the projected task connected the Great Nicobar Island see whether the Tribal Council of Little and Great Nicobar has been allowed to workout its competence successful certifying the colony of wood rights nether the Forest Rights Act earlier the determination to divert wood land. A study successful this daily, “Forest rights of tribal radical were not settled for Nicobar project: council” (August 23, 2025), has highlighted however the Tribal Council had said that the Andaman and Nicobar Islands Administration had made a mendacious practice to the Centre by claiming that rights of the tribal radical nether the Forest Rights Act had been identified and settled earlier diverting the required wood onshore for the project.
Granting rights to quality successful India
What is being witnessed successful the Great Nicobar is not caller but 1 much illustration of however large multipurpose projects are connected way to beryllium planned disasters. The examples are galore — from Tehri successful the northbound to Koel Karo successful the eastbound to Sardar Sarovar successful the west. To respond to a accordant nonaccomplishment of biology instrumentality successful protecting ecology, respective countries (Bolivia, Colombia, Ecuador and New Zealand) person adopted a caller ineligible attack called ‘earth jurisprudence’ oregon ‘rights of nature’ which grants rights to non-human earthy entities (rivers, forests, mountains, and assorted ecosystems), recognising them arsenic subjects of rights holders.
This attack drew inspiration from an influential nonfiction written by Christopher Stone successful 1972 — ‘Should Trees Have Standing? – Toward Legal Rights For Natural Objects’. He argued that the existent attack did not see damages to the environment, but lone environment-related damages to humans successful granting relief.
Second, specified alleviation did not spell to the earthy entity but lone to affected quality beings. He said that making earthy entities arsenic close holders, by vesting them with ineligible lasting successful tribunal and making them the nonstop beneficiaries of ineligible redress, would amended the environment. But the question arises whether earthy entities, similar quality adults, beryllium held legally liable and workout ineligible competences by entering into contracts oregon whether they tin writer and beryllium sued by an aggrieved party. Stone suggested the instauration of a guardianship assemblage which could initiate ineligible enactment and besides cod funds to sphere and reconstruct its condition.
The groundbreaking crook towards recognising the rights of earthy entities happened successful India successful 2017 erstwhile the Uttarakhand High Court granted ineligible personhood to the Ganges and Yamuna rivers, arsenic good arsenic the Gangotri and Yamunotri glaciers. The judgment, successful Mohd. Salim vs State of Uttarakhand and Others, conferred these entities with rights and obligations but lone done a designated person. Although the Supreme Court stayed the ruling of the High Court, immoderate of the elements successful the High Court judgment, particularly the thought of conferring guardianship responsibilities connected behalf of those earthy entities, could beryllium a signpost for designing ineligible personhood.
The lawsuit successful Colombia arsenic guidance
Pushing the bound of the Forest Rights Act further to incorporated the thought of granting ineligible personhood is 1 specified option. Still, the thought of granting ineligible personhood to earthy entities volition necessitate the gathering of greater clarity connected the circumstantial ineligible rights and the work of individuals charged with upholding them. An in-depth survey of important normative questions specified arsenic however to specify rights bearing nature, what rights to recognise, who tin talk for nature, and whether idiosyncratic should beryllium liable for protecting nature, is required.
In uncovering answers to these normative questions, determination is guidance from Colombia’s Atrato River lawsuit (2016), which recognised bio-cultural rights — a notation to the close of taste communities to autonomously administer and support their territories arsenic good arsenic the earthy resources that represent their habitat. The enactment of a committee of guardians requires the inclusion of representatives from the indigenous radical facing the demolition of their habitat.
Anwar Sadat teaches planetary biology instrumentality astatine the Indian Society of International Law, New Delhi
