Previous Year Question
Consider the following statements.
The definition of Critical Wildlife Habitat is incorporated in the Forest Rights Act, 2006.
For the first time in India, Baigas have been given Habitat Rights.
Union Ministry of Environment, Forest and Climate Change officially decides and declares Habitat Rights for Primitive and Vulnerable Tribal Groups in any part of India.
Which of the statements given above is/are correct?
1 and 2
2 and 3
Only 3
1, 2 and 3
Correct Answer: A
Detailed Solution
The full name of the Forest Rights Act, 2006 is the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Section 2(b) of this Act defines ‘Critical Wildlife Habitat’. Therefore, Statement 1 is correct.
Critical Wildlife Habitats are areas within national parks and sanctuaries that are required to be kept inviolate for wildlife conservation.
Such a habitat must be determined on the basis of scientific and objective criteria and through consideration of each case separately.
Critical Wildlife Habitat and Critical Tiger Habitat declared under the Wildlife Protection Act are two distinct legal concepts.
Section 3(1)(e) of the Forest Rights Act recognizes community rights relating to the habitat and habitation of Particularly Vulnerable Tribal Groups and pre-agricultural communities.
Habitat rights were granted to the Baiga community in Dindori district of Madhya Pradesh, and this was regarded as the first recognition of such rights in India. Therefore, Statement 2 is correct.
Habitat rights recognize a community’s traditional boundaries, livelihoods, socio-cultural practices and relationship with natural resources.
The process for the recognition of forest rights begins at the Gram Sabha level.
The Gram Sabha receives and verifies claims and sends its recommendations to the Sub-Divisional Level Committee.
The District Level Committee is the authority that takes the final decision on claims relating to forest rights.
The Ministry of Tribal Affairs is the nodal Union Ministry for the implementation of the Forest Rights Act.
The Ministry of Environment, Forest and Climate Change does not itself take the final decision and declare habitat rights for PVTG communities throughout India. Therefore, Statement 3 is not correct.