UPSC Prelims 2018 Q98: Environment & Ecology – Environmental Governance & Legislation
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 3 only
- (d) 1, 2 and 3
Answer: (a) 1 and 2 only
Explanation
Critical Wildlife Habitat and Habitat Rights
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | Definition of 'Critical Wildlife Habitat' is in the Forest Rights Act (FRA) 2006 | TRUE | Section 2(b) of FRA 2006 defines Critical Wildlife Habitat (CWH). CWH must be identified through a science-based process by expert committees before resettlement. |
| 2 | Baigas (PVTG) got Habitat Rights for the first time in India | TRUE | In 2015, the Baiga tribe in Dindori district of Madhya Pradesh became the first PVTG in India to be granted Habitat Rights under Section 3(1)(e) of FRA 2006 - a landmark recognition of tribal habitat. |
| 3 | Union MoEFCC officially decides/declares Habitat Rights for PVTGs | FALSE | Habitat Rights for PVTGs are declared by the State-level Committee under the Forest Rights Act, based on Gram Sabha claims and endorsed by SDLC and DLC. Ministry of Tribal Affairs (MoTA) is the nodal Central ministry - NOT MoEFCC. Rights are declared at the state/district level, not centrally by MoEFCC. |
Answer: (a) 1 and 2 only.
Why each option is right or wrong
- (a) CORRECT. Statements 1 (CWH definition in FRA 2006) and 2 (Baigas first PVTG with Habitat Rights, 2015) are both true.
- (b) Incorrect. Statement 3 is wrong - MoEFCC does not declare Habitat Rights; MoTA is the nodal ministry and rights are declared at state/district level.
- (c) Incorrect. Statement 3 misidentifies the declaring authority.
- (d) Incorrect. Statement 3 wrongly attributes Habitat Rights declaration to MoEFCC.
Key point
FRA 2006 provisions: Section 2(b) defines Critical Wildlife Habitat. Section 3(1)(e) grants Habitat Rights to PVTGs. MoTA = nodal ministry (not MoEFCC). Rights declared at state/district level via Gram Sabha -> SDLC -> DLC process. Baigas (Dindori, MP) became first PVTG with Habitat Rights in 2015.
Remember
The definition of Critical Wildlife Habitat is in the Forest Rights Act, 2006 (Section 2(b)). The Baiga tribe in Dindori district of Madhya Pradesh became India's first PVTG to be granted Habitat Rights in 2015. However, Habitat Rights are declared by state-level committees under the FRA process (not by the Union MoEFCC) - the nodal Central ministry is the Ministry of Tribal Affairs (MoTA), not MoEFCC.
Common mistakes
- Confusing MoEFCC (environment ministry) with MoTA (tribal affairs ministry) - FRA 2006 is under MoTA.
- Assuming central government declares rights - actual authority is state-level committee (SDLC/DLC) based on Gram Sabha claims.
- Missing the Baiga milestone - first PVTG to receive Habitat Rights in India (Dindori, MP, 2015).
Exam tip
FRA 2006 (Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights Act): Community forest rights, individual forest rights, habitat rights (PVTGs), critical wildlife habitat identification. Nodal ministry = MoTA. Implementation via Gram Sabha.
Sources
- Forest Rights Act, 2006 - Sections 2(b), 3(1)(e)
- Ministry of Tribal Affairs - FRA Implementation Guidelines