PATR 1956: Crucial Safeguard for Andaman Tribal Rights

The Protection of Aboriginal Tribes Regulation (PATR), 1956

The Central government has requested a detailed report from the Andaman and Nicobar administration following a grievance raised by the Tribal Council of Little and Great Nicobar.
The complaint alleges that forest rights were not settled before diverting 13,000 hectares of forest land for the Rs 81,000-crore Great Nicobar Island project in August 2022.
The council claims that its consent was obtained under pressure and later formally withdrawn.
This has raised serious concerns about violation of the Forest Rights Act (FRA), 2006, and the lack of dialogue with the local tribal community.

Key Points:

Background of the Project:

• A large-scale development project of ₹81,000 crore is planned on Great Nicobar Island.
• Nearly 13,000 hectares of forest area have been designated for diversion to carry out this project.
• The aim includes creating tourism hubs, a transshipment terminal, defense infrastructure, and improved connectivity.

Complaint by Tribal Council:

• The Tribal Council of Little and Great Nicobar alleges that the Forest Rights Act (FRA), 2006 was not implemented before clearing the forest land.
• The council’s consent for diversion of land was taken under pressure and later withdrawn formally through a letter to the government.
• The council discovered a certificate dated August 18, 2022, issued by the Deputy Commissioner, falsely stating that the identification and settlement of rights had been completed.
• The council asserts that no such process was even initiated on the ground.

• The Protection of Aboriginal Tribes Regulation (PATR), 1956, is a special law enacted to protect the indigenous tribes of the Andaman and Nicobar Islands, ensuring their land, culture, and rights are safeguarded. It applies exclusively to these islands, which are home to particularly vulnerable tribal groups (PVTGs) such as the Sentinelese, Nicobarese, Shompens, Great Andamanese, Jarwas, and Onges.

Key Objectives:

• To protect the aboriginal tribes from exploitation, displacement, and loss of traditional land.
• To safeguard the distinct traditions and way of life of indigenous communities.
• To regulate the entry and activities of outsiders in tribal areas.
• To ensure tribal lands are not taken over by non-tribal communities.

Key Provisions:

Protection of Tribal Land

• Tribal land cannot be transferred or sold to non-tribal persons without administrative approval.
• Any unauthorized occupation or transfer of tribal land is illegal and can be evicted by authorities.

Restricted Areas (Buffer Zones):

• Certain tribal reserves are declared “restricted areas”, prohibiting free movement of outsiders.
• Entry into these areas requires special permits issued by the administration.
• This is aimed at protecting tribes from outside influence, exploitation, and health hazards due to exposure to new diseases.

Regulation of Activities:

• Activities such as trade, tourism, fishing, and construction are strictly regulated within and around tribal reserves.
• Unauthorized use of forests, marine resources, or tribal labor for commercial purposes is strictly forbidden.

 Administrative Powers:

• Declare areas as tribal reserves.
• Regulate entry and exit of non-tribals.
• Enforce penalties for violations of the regulation.

Protection Against Exploitation:

• Non-tribal individuals or companies are prohibited from engaging in exploitative trade or taking advantage of tribal communities.
• The administration can cancel illegal agreements or contracts made with tribes.

Tribes Protected Under the Act:

• North Sentinel Island is home to the Sentinelese, an indigenous community that has chosen to live in complete isolation from modern civilization.
• Nicobarese – primarily inhabit the Nicobar Islands.
• Shompens – semi-nomadic tribe on Great Nicobar Island.
• Great Andamanese, Jarwas, and Onges – inhabiting different parts of the Andaman Islands.