Great Nicobar Project: SC says preservation of culture is a fundamental right, refuses to stay Calcutta HC proceedings

October 5, 2026

New Delhi: The Supreme Court refused to stay the Calcutta High Court proceedings in the case related to the Great Nicobar Island Project. During the hearing, the court stated that the preservation of the culture and lifestyle of tribal communities is a fundamental right under the Constitution.

A three-judge bench, headed by Chief Justice Surya Kant, did not accept the Centre’s request to stay the ongoing proceedings in the Calcutta High Court. The bench also included Justice Joymalya Bagchi and Justice V. Mohana.

Emphasis on protecting tribal rights

The Supreme Court stressed the importance of protecting the unique culture and traditional lifestyle of the tribal communities living in the Nicobar Islands. The case also raises questions about the rights of the **Shompen and Nicobari tribes.

The petitions raise objections regarding the project’s environmental impact, as well as tribal rights and compliance with legal provisions.

Center calls project strategically important

The Center defended the project, calling it an important and strategic project for the country. The Center also questioned the validity of the ongoing hearing of the petitions before the Calcutta High Court.

The petitioners have raised issues related to alleged violations of the Forest Rights Act, 2006, and environmental clearances.

Hearing to continue in Calcutta HC

Following the Supreme Court’s refusal to stay the petitions, the Calcutta High Court will continue hearing the petitions challenging the Great Nicobar Project. The High Court has set dates for further hearings.

The High Court will now proceed with hearings on issues related to tribal rights, environmental protection, and statutory clearances related to the project.