Question 6 from UPSC CSE 2019 - Environment

Question

Consider the following statements:
1. As per the recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboo grown on forest areas.
2. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
3. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.
Which of the statements given above are correct?

Accepted Answer

Correct Option: B. 2 and 3 only

Strategy: Scrutinize each statement for statutory changes and definitions. Statement 1 refers to an amendment of the Indian Forest Act: the 2017 ordinance actually removed restrictions only for bamboo grown outside forest areas, so it does not apply for forest area bamboo; thus, statement 1 is incorrect. Statement 2—whether bamboo counts as minor forest produce—matches both the letter and intent of the 2006 Forest Rights Act, which explicitly lists bamboo as MFP. Statement 3—ownership over minor forest produce—is directly provided by the Forest Rights Act of 2006.

Key Info: The Indian Forest Act, 1927 categorizes bamboo as a tree, historically placing restrictions on its felling and transit. However, the Indian Forest (Amendment) Ordinance, 2017 amended the definition to not treat bamboo grown on non-forest land as a 'tree,' permitting its harvest and transport from non-forest areas without official permission. Bamboo derived from forest land, however, remains regulated.

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, also known as the Forest Rights Act (FRA), legally recognizes bamboo as a minor forest produce (MFP), alongside items such as tendu leaves, honey, resin, and medicinal plants. Under Section 3(1)(c) of FRA, forest dwellers are granted rights to ownership, access to collect, use, and dispose of minor forest produce including bamboo collected within or outside village boundaries. Rights under the FRA are further managed and regulated by the Gram Sabha at the village level, ensuring that ownership and benefits of MFPs accrue directly to eligible forest dwellers. The recognition of bamboo as MFP enables economic empowerment for tribal and traditional communities by providing them legal authority to harvest and sell bamboo and other minor forest produce in accordance with local traditions and conservation requirements.

Answer

Option A: 1 and 2 only

Answer

Option C: 3 only

Answer

Option D: 1, 2, and 3