Governance, Resource Rights, and Development Challenges in Tribal Areas

Statement 1 is correct: The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, commonly known as the Forest Rights Act (FRA), 2006, introduces the concept of Critical Wildlife Habitat (CWH). These are areas within National Parks and Wildlife Sanctuaries that must be kept inviolate to ensure wildlife protection. CWHs can only be declared based on scientific evidence and after completing the due process of rehabilitation and resettlement of affected communities. Statement 2 is correct: In 2015, the Baiga tribal community in Madhya Pradesh became the first to be granted Habitat Rights under the Forest Rights Act, 2006. This recognition allowed them to continue living within the Kanha Tiger Reserve while accessing forest resources for their bonafide livelihood needs. Statement 3 is incorrect: According to the Forest Rights Act, 2006, it is the respective State governments that have the authority to declare and vest Habitat Rights for Primitive Tribal Groups and pre-agricultural communities over critical wildlife habitats, after obtaining consent from the tribal communities and establishing measures for their resettlement and rehabilitation. Hence, correct answer is option (a) 1 and 2 only.

Statement 1 is incorrect: As per the Wildlife (Protection) Act, 1972, all wild animals in protected areas are the property of the government. But, Section 42 of Wildlife (Protection) Act, 1972 deals with Certificates of Ownership, empowering the Chief Wildlife Warden to issue these for lawfully possessed wild animals or animal articles (trophies, etc.) with a person. This ensures traceability, allowing identification marking and conditions for housing captive animals, and requires owners to surrender such items if no longer desired, with cancellation of the certificate. Statement 2 is correct: The Wildlife (Protection) Act, 1972 provides for the protection of wild animals, whether they are found inside or outside the designated protected areas. Statement 3 is incorrect: As per the Wildlife (Protection) Act, 1972, the capture or killing of a protected wild animal is strictly prohibited, even if it is perceived to be a danger to human life. Special permission is required from the authorities for any such action.

Statement 1 is correct: The Compensatory Afforestation Fund Management and Planning Authority (CAMPA) exists at both National and State levels. - National CAMPA Oversees the national-level administration of the Compensatory Afforestation Fund (CAF). It lays down broad guidelines and ensures proper utilisation of funds across states.
- State CAMPA established in each state, manage funds allocated for compensatory afforestation activities within their jurisdiction. Statement 2 is incorrect: The Compensatory Afforestation Fund Act, 2016 does not explicitly mandate people's participation in the compensatory afforestation programmes carried out under the Act. The Act focuses on the management and utilisation of the Compensatory Afforestation Fund but does not have a specific provision for mandatory public participation.

* The Wildlife Protection Act, 1972, provides for the protection of wild animals, birds, and plants. It classifies species into six schedules, each offering different levels of protection. * Schedule VI of the Act pertains to certain plants that are prohibited from cultivation and planting without a license. Therefore, If a plant species is listed under Schedule VI, it means a license is required for its cultivation. * The Wild Life (Protection) Amendment Act, 2022 amended the Wild Life (Protection) Act, 1972. The amendment reduced the number of schedules from six to four, simplifying wildlife classification and protection levels. Additionally, the Act also aligned the provisions with CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) by introducing a separate schedule (Sch. IV) for species covered under CITES.

Central Ground Water Authority (CGWA) has been constituted under Section 3 (3) of the Environment (Protection) Act, 1986 to regulate and control development and management of groundwater resources in the country. Central Water Commission (CWC) - Established in 1945, the CWC is a technical organization under the Ministry of Jal Shakti. It focuses on water resource planning, development, and management in India, but its legal basis comes from other central government acts. Central Ground Water Board (CGWB) - While it works in close collaboration with the CGWA, the CGWB is a subordinate organization under the Ministry of Jal Shakti, established in 1970. It functions as the technical arm of the CGWA, providing hydrogeological data and technical expertise. National Water Development Agency (NWDA) - This autonomous agency, established in 1982 under the Ministry of Jal Shakti, operates under the Societies Registration Act, 1860. It focuses on resolving interstate water resource disputes, conducting feasibility studies for water resource development projects, and planning water transfer and linking projects.