Why in news
- Ministry of Tribal Affairs stated that the Forest Rights Act (FRA), 2006 does not contain explicit statutory provisions requiring 100% Gram Sabha consent for infrastructure projects.
What is the Forest Rights Act, 2006?
- Enacted as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, administered by the Ministry of Tribal Affairs.
- Recognizes individual and community forest rights (CFR) of forest-dwelling Scheduled Tribes and traditional forest dwellers who resided in forests for three generations prior to December 13, 2005.
- Empowers the Gram Sabha as the primary authority to initiate process for determining nature and extent of forest rights.
Key Clarification and Provisions
- Ministry clarified that obtaining Gram Sabha consent for forest diversion is mandated under Forest Conservation framework and executive guidelines, rather than an explicit clause within FRA itself.
- Gram Sabha holds rights to protect, regenerate, conserve or manage community forest resources under Section 3(1)(i) of the Act.
- Prior to project approvals, completion of forest rights recognition under FRA is a mandatory prerequisite under Forest Conservation rules.
Why it matters
- Clarifies jurisdictional boundaries between Tribal Affairs Ministry (FRA administrator) and Environment Ministry (forest diversion clearances).
- Impacts infrastructure project timelines in forest areas while balancing tribal rights recognition.
Key terms
Community Forest Rights
Rights of forest dwelling communities to customary forest land use, access, and sustainable management under FRA 2006.
Gram Sabha
Body consisting of persons registered in the electoral rolls of a village, empowered as primary decision-making organ under FRA.
Prelims facts
- Gram Sabha initiates determination of forest rights under FRA 2006.
- Ministry of Tribal Affairs is the nodal central ministry for implementing FRA.
Mains discussion
- Inter-ministerial coordination challenges in balancing development projects with tribal land rights.
Source: The Hindu National
Same topic · past papers
UPSC has asked this before
These previous-year questions sit on the same topic. Open one to practise the earlier ask.
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2021 · Q11 · GS II · 15 marks
The jurisdiction of the Central Bureau of Investigation(CBI) regarding lodging an FIR and conducting probe within a particular state is being questioned by various States. However, the power of States to withhold consent to the CBI is not absolute. Explain with special reference to the federal character of India. -
2018 · Q9 · General Studies · 2 marks
Consider the following statements: 1. The Fiscal Responsibility and Budget Management (FRBM) Review Committee Report has recommended a debt to GDP ratio of 60% for the general (combined) government by 2023, comprising 40% for the Central Government and 20% for the State Governments. 2. The Central Government has domestic liabilities of 21% of GDP as compared to that of 49% of GDP of the State Governments. 3. As per the Constitution of India, it is mandatory for a State to take the Central Government's consent for raising any loan if the former owes any outstanding liabilities to the latter. Which of the statements given above is/are correct? -
2021 · Q84 · General Studies · 2 marks
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? -
2019 · Q55 · General Studies · 2 marks
Consider the following statements: 1. As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos 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 Forests Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers. Which of the statements given above is/are correct? -
2018 · Q98 · General Studies · 2 marks
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. 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?