Culture Is Not Collateral: Justice Bagchi Says Preserving Culture Is a Fundamental Right as SC Lets Great Nicobar PIL Proceed

The Supreme Court, by a bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana, refused to interfere with a Calcutta High Court order upholding the maintainability of a PIL on Forest Rights Act violations in the Great Nicobar project. Justice Bagchi orally said preservation of culture is a constitutionally protected fundamental right, calling the Shompen a unique tribe needing preservation. The Union was asked to place the NGT decision before the High Court, which will hear the case on November 25-26.

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SC Declines to Disturb Calcutta High Court Order

The Supreme Court on Monday refused to interfere with a Calcutta High Court order that upheld the maintainability of a PIL against the Centre's Great Nicobar Island mega-infrastructure project. During the hearing, Justice Joymalya Bagchi orally remarked that preservation of culture is a constitutionally protected fundamental right.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing the Union's challenge to the High Court order. The PIL alleges that the Forest Rights Act was violated in obtaining consent for the project.

“Tribes Not Heard,” Says Petitioner

Attorney General R Venkataramani, appearing for the Union, questioned the locus of the PIL petitioner. Senior Advocate Dr S Muralidhar, for the petitioner, argued that maintainability had become largely academic, since the Tribal Councils had themselves sought impleadment before the High Court. He added that the Shompen and Nicobarese tribes had not been heard.

The AG opposed this, submitting that the tribes were fully aware of everything and were participating in the process.

Integrate Fully, or Keep Unique Identity

Justice Bagchi observed that the Shompen are a unique tribe in need of preservation. Pointing to the demography of Andaman and Nicobar, he noted that the Greater Andamanese tribe has become integrated with the general population. The choice, he said, is either complete integration with the mainstream or allowing tribes to retain their unique identity and culture. “Preservation of culture is a constitutionally protected fundamental right,” the judge remarked.

The AG responded that the Shompen are not protected tribes and are integrated with the mainstream.

NGT Order to Go Before High Court

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. The Supreme Court then disposed of the matter. The underlying case is fixed for hearing before the High Court on November 25-26.

Case Title: Union of India v. Meena Gupta and Ors. Case Number: Diary No. 44246/2026