During the hearing of the Union’s challenge to a Calcutta High Court order on the Great Nicobar Island project, Justice Joymalya Bagchi of the Supreme Court orally observed that preservation of culture is a constitutionally protected fundamental right, speaking of the Shompen tribe’s unique identity.
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New Delhi: Justice Joymalya Bagchi of the Supreme Court on Monday observed orally, while the Court heard the Union’s challenge to a Calcutta High Court order on a public interest litigation concerning the Great Nicobar Island project, that the preservation of culture is a constitutionally protected fundamental right [Union of India v. Meena Gupta and Others].
The Bench comprised Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana. Attorney General R. Venkataramani appeared for the Union of India and Senior Advocate Dr. S. Muralidhar for the PIL petitioners. The remarks were made during the hearing and are not a finding in the case.
The remarks on the Shompen
Justice Bagchi observed that the Shompen tribe requires preservation as a unique community, and said:
“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 also referred, as reported, to the demographic changes in the Andaman and Nicobar Islands, noting the integration of the Greater Andamanese tribe into the general population.
Preservation Of Culture: The outcome of the hearing
The Bench dismissed the Union’s challenge and left the underlying matter before the Calcutta High Court, which is to hear it on November 25 and 26. The PIL, as reported, alleges violation of the Forest Rights Act in the project; those allegations are untested and the Supreme Court has expressed no view on the merits of the project or of the Union’s position.
Case Details: Union of India v. Meena Gupta and Others | Diary No. 44246/2026 | Before: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana | Date of hearing: October 5, 2026 | Calcutta High Court hearing: November 25 and 26, 2026
Appearances: Attorney General R. Venkataramani for the Union of India; Senior Advocate Dr. S. Muralidhar for the PIL petitioners.