Question 22 from UPSC CSE 2021 - Polity & Governance

Question

At the national level, which ministry is the nodal agency to ensure effective implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006?

Accepted Answer

Correct Option: D. Ministry of Tribal Affairs

Strategy: Focus on the unique mandate of each ministry—while 'Environment, Forest and Climate Change' deals with forests, the Forest Rights Act is not about environmental regulation but about recognizing tribal rights. The title of the Act and its intent directly align with the Ministry of Tribal Affairs. This match of legislative subject with ministerial mandate makes option D unmistakable.

Key Info: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006—commonly called the Forest Rights Act (FRA)—is a central law designed to recognize and vest forest rights in Scheduled Tribes and other traditional forest dwellers. Its core objectives include the restitution of deprived forest rights and the empowerment of tribal communities who have traditionally depended on forests for their livelihood and culture. The Ministry of Tribal Affairs is the designated nodal agency at the national level for policy formulation, coordination, and monitoring regarding the implementation of this Act.

**Provisions**
- The Act recognizes individual and community rights over forest land and resources, such as the right to live in and cultivate land, to own, collect, use, and dispose of minor forest produce, to protect and conserve forests, and to access traditional seasonal resources.
- It outlines procedures for filing claims and defines the evidentiary requirements for recognition of these rights, involving Gram Sabhas and district-level committees.

**Institutional Details**
- **Ministry of Tribal Affairs**: Established 1999, it oversees policy, development, protection, and rights of tribal populations, including tribal welfare and empowerment programs such as the FRA.
- **Ministry of Environment, Forest and Climate Change**: Primarily responsible for forest conservation, environmental protection, biodiversity, and climate change policies but not direct recognition of rights under FRA.
- **Other ministries (Rural Development, Panchayati Raj)**: While involved in rural welfare broadly, they have no direct statutory mandate over FRA's implementation.

The Act operationalizes Article 46 of the Constitution, which seeks to promote the educational and economic interests of Scheduled Tribes and protect them from social injustice. Major related legislations include the Indian Forest Act, 1927 (for forest governance), and Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), which enhances local self-governance rights for tribal communities.

Answer

Option A: Ministry of Environment, Forest and Climate Change

Answer

Option B: Ministry of Panchayati Raj

Answer

Option C: Ministry of Rural Development