Question Details

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?

Options

A

1 and 2 only

B

2 and 3 only

C

3 only

D

1, 2 and 3

Show Answer

Correct Answer :

Option B

2 and 3 only

Solution :

The correct answer is 2 and 3 only.

Let us analyze each of the given statements step-by-step:

Statement 1: As per recent amendment to the Indian Forest Act, 1927, forest dwellers have the right to fell the bamboos grown on forest areas.
Analysis: The Indian Forest (Amendment) Act, 2017 amended Section 2(7) of the Indian Forest Act, 1927, to remove "bamboo" from the definition of a "tree". This amendment allows the felling and transit of bamboo grown in non-forest areas without requiring a felling/transit permit. However, bamboo grown on designated forest areas continues to be governed by forest management regulations and is still treated as forest produce. Therefore, forest dwellers do not get an unrestricted right to fell bamboo grown in forest areas under this amendment. Thus, Statement 1 is incorrect.

Statement 2: As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, bamboo is a minor forest produce.
Analysis: Section 2(i) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (commonly known as FRA, 2006) defines "minor forest produce" (MFP) to include all non-timber forest produce of plant origin, including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or leaves, medicinal plants and herbs, roots, tubers, and the like. Therefore, bamboo is explicitly classified as a minor forest produce under this Act. Thus, Statement 2 is correct.

Statement 3: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forests Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.
Analysis: Under Section 3(1)(c) of the Forest Rights Act (FRA), 2006, forest-dwelling Scheduled Tribes and other traditional forest dwellers are granted the right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries. Therefore, ownership rights over minor forest produce are legally recognized and vested in forest dwellers. Thus, Statement 3 is correct.

Since statements 2 and 3 are correct while statement 1 is incorrect, the correct option combination is 2 and 3 only.

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