Question 70 from UPSC CSE 2018 - Current Affairs/Gener al awareness

Question

Consider the following statements:
1. The definition of "Critical Wildlife Habitat" is incorporated in the Forest Rights Act, 2006.
2. For the first time in India, Baigas have been given Habitat Rights.
3. The 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?

Accepted Answer

Correct Option: A. 1 and 2 only

Strategy: - Identify "Critical Wildlife Habitat" as a key term and confirm its direct mention in the Forest Rights Act, 2006, to validate Statement 1.
- Verify Statement 2 by acknowledging the Baiga community's pioneering grant of habitat rights at the ground level.
- Disprove Statement 3 by recognizing that habitat rights authority resides with local bodies (District Level Committee and Gram Sabha), not the Union Ministry.
- Conclude by selecting option A based on these findings.

Key Info: Critical Wildlife Habitat (CWH) is a legal term defined under Section 2(b) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, also known as the Forest Rights Act (FRA). CWHs are areas within national parks and sanctuaries identified to be maintained for wildlife needs, with guidelines for resettlement or negotiation of traditional rights, ensuring that livelihoods and conservation both are protected.

The Baiga community is a Particularly Vulnerable Tribal Group (PVTG) dwelling mainly in Madhya Pradesh and Chhattisgarh. In 2015, Madhya Pradesh became the first state to recognize habitat rights in favor of Baigas, notably through the allocation of such rights to villages in Dindori district, marking a significant milestone in tribal rights advocacy in India.

The authority to decide and declare habitat rights, including for PVTGs, is decentralized under the FRA. Habitat rights are processed through a bottom-up approach, where Gram Sabhas initiate claims, which are examined and approved by the District Level Committee (DLC). The Union Ministry of Environment, Forest and Climate Change provides policy oversight but does not have the direct statutory mandate to decide or declare habitat rights. Habitat rights recognition is intended to protect traditional habitats and customary practices of tribal communities. The process involves community-based documentation, mapping, and legal recognition of customarily used territories, with the requirement that consent of the Gram Sabha be obtained before any resettlement from CWH is carried out.

Answer

Option B: 2 and 3 only

Answer

Option C: 3 only

Answer

Option D: 1, 2, and 3