Consider the following statements: 1. As per recent amendment to the

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 Forest Rights) Act, 2006 allows ownership of minor forest produce to forest dwellers.

Which of the statements given above is/are correct?

1 and 2 only

2 and 3 only

3 only

1, 2 and 3

This question was previously asked in

UPSC IAS – 2019

Download PDF Attempt Online

Statements 2 and 3 are correct.

Statement 1 is incorrect. The Indian Forest (Amendment) Act, 2017 removed bamboo grown in non-forest areas from the definition of ‘tree’, thereby exempting it from requiring felling and transit permits under the Indian Forest Act, 1927. Bamboo grown in forest areas continues to be classified as a ‘tree’ under the unamended part of the Act, but rights over bamboo as Minor Forest Produce in forest areas are governed by the Forest Rights Act, 2006. The statement claiming a general right to fell bamboos grown on forest areas might be misleading or incorrect as per the 2017 amendment’s primary focus on non-forest areas and the nuances of rights under FRA 2006.

Statement 2 is correct. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 explicitly defines ‘Minor Forest Produce’ (MFP) to include “bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs, roots, tubers and the like”. Thus, as per this Act, bamboo is a minor forest produce.

Statement 3 is correct. The Forest Rights Act, 2006, recognizes and vests forest rights and occupation in forest dwelling Scheduled Tribes and other traditional forest dwellers. Section 3(1)(c) specifically recognizes the right of ownership, access to collect, use, and dispose of minor forest produce, which has been traditionally collected within or outside village boundaries.

The classification of bamboo has been a point of contention. Historically, the Indian Forest Act, 1927, classified bamboo as a ‘tree’. The Forest Rights Act, 2006, classified it as ‘Minor Forest Produce’. The 2017 amendment to the Indian Forest Act resolved the classification conflict *only for bamboo grown outside forest areas*, classifying it as grass in such areas to promote cultivation and trade. For bamboo within forest areas, the FRA 2006’s classification as MFP and the rights granted under it apply.

More similar MCQ questions for Exam preparation:-