Great Nicobar Project | 'Preservation Of Culture Is A Constitutionally Protected Fundamental Right': Justice Joymalya Bagchi

During the hearing of a matter pertaining to the Centre's Great Nicobar Island mega-infrastructure project, Justice Joymalya Bagchi today orally said that preservation of culture is a constitutionally protected fundamental right. 

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was dealing with the Union's challenge to a Calcutta High Court order, which upheld the maintainability of a PIL alleging violations of the Forest Rights Act in obtaining of consent for the project. 

After hearing Attorney General R Venkataramani (for Union) and Senior Advocate Dr S Muralidhar (for respondent/PIL petitioner), the Supreme Court refused to interfere with the High Court order. 

During the hearing, the bench noted that there had been two rounds of litigation before the National Green Tribunal. It urged the Union to place the NGT decision before the High Court and let the High Court decide. 

While AG Venkataramani questioned the locus of the respondent, Muralidhar submitted that the question of maintainability had become more or less academic, as the Tribal Councils had sought impleadment before the High Court. He further averred that the Shompen and Nicobarese tribes had not been heard. 

The AG opposed the argument, saying that the Tribes "knew everything" and they were participating.

Justice Bagchi then observed that the Shompen are a unique tribe in need of preservation. "Otherwise, what happens is, if you see the demography of entire Andaman and Nicobar, the Greater Andamanese tribe has become integrated with the populace. Either we integrate completely with the mainstream or we give them with their unique identity and the identity of their culture. Preservation of culture is a constitutionally protected fundamental right.", the judge remarked.

The AG responded to the observation by saying that the Shompen tribes are not protected tribes, rather they are integrated with the mainstream. Eventually, the bench disposed of the matter noting that the underlying case is fixed for hearing before the High Court on November 25-26.