UPSC Prelims 2013 Q26: Indian Polity – Social Justice & Vulnerable Sections
Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006, who shall be the authority to initiate the process for determining the nature
and extent of individual or community forest rights or both?
- (a) State Forest Department
- (b) District Collector/Deputy Commissioner
- (c) Tahsildar/Block Development Officer/Mandal Revenue Officer
- (d) Gram Sabha
Answer: (d) Gram Sabha
Explanation
Forest Rights Act, 2006
Under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the Gram Sabha starts the process.
It receives claims and decides the nature and extent of individual and community forest rights.
| Level | Body | Role |
|---|---|---|
| Village | Gram Sabha (with its Forest Rights Committee) | Initiates; receives and verifies claims |
| Sub-division | Sub-Divisional Level Committee | Examines the Gram Sabha's resolutions |
| District | District Level Committee | Final approval |
| State | State Level Monitoring Committee | Monitors |
Key facts:
| Feature | Detail |
|---|---|
| Nodal Ministry | Tribal Affairs |
| Land limit | Up to 4 hectares per family |
| Other dwellers | Must show 75 years (three generations) of residence |
Answer: (d) Gram Sabha.
Why each option is right or wrong
- (a) Incorrect. The State Forest Department does not initiate the process.
- (b) Incorrect. The District Collector heads the committee that gives final approval.
- (c) Incorrect. The Tahsildar or Block Development Officer is not the initiating authority.
- (d) CORRECT. The Gram Sabha initiates the process of determining forest rights.
Key point
Forest Rights Act, 2006: Gram Sabha initiates claims; sub-divisional and district committees decide; Ministry of Tribal Affairs is nodal; up to 4 hectares.
Remember
Forest rights start at the Gram Sabha.
Common mistakes
- Giving the starting role to the Forest Department.
- Thinking the Environment Ministry is nodal; it is Tribal Affairs.
- Confusing the Gram Sabha's power to initiate with final approval.
Exam tip
In tribal and forest laws (PESA, Forest Rights Act), the Gram Sabha comes first.
Sources
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 — Section 6
- Ministry of Tribal Affairs — Forest Rights Act