Judgment of the Supreme Court regarding conservation and protection of sacred groves in Rajasthan, 18/12/2024
Judgment of the Supreme Court of India in the matter of T N Godavarman Thirumulpad Vs Union of India & Others dated 18/12/2024.
Pursuant to the orders of the Supreme Court, the state of Rajasthan had initiated the process of identifying and notifying sacred groves as forests through district-wise notifications. This development is commendable but there has been a significant delay in commencing this critical process, the SC said.
Sacred groves of Rajasthan, which hold immense ecological value and are deeply revered in local cultures, urgently require formal recognition and protection to safeguard their preservation. The applicant in the case, Aman Singh has given a list identifying 100 sacred groves in Rajasthan. The list should be taken into consideration by the appropriate authority, during the process of identification the court said. However, the list is "not all-inclusive/exhaustive" the court said.
The forest department of Rajasthan was directed to carry out detailed on-ground mapping and satellite mapping of each sacred grove, such as Orans, Dev-vans, Rundhs, or by any other name by which they are known in the respective area. SC directed Rajasthan to complete the survey and notification of sacred groves/Orans in all districts. The Forest Department must carry out detailed on-ground mapping of the identified groves and classify them as 'forests,' as recommended in the Central Empowered Committee's report dated June 1, 2005. The "classification should not depend on the size or extent of the groves but instead, focus solely on their purpose and their cultural and ecological significance to the local community," the order said.
Further, given the ecological and cultural importance of sacred groves, it is recommended that they be granted protection under the Wildlife Protection Act, 1972, specifically through Section 36-C, which allows for the declaration of 'community reserves.' This would legally protect these areas, recognizing their role in biodiversity conservation and cultural practices. Sacred groves/Orans should be identified and, where appropriate, declared as community reserves to ensure their preservation and prevent unauthorized land use changes. The State Government, in collaboration with local communities, should initiate this process to safeguard both their ecological and cultural value.
In order to ensure compliance of the directions, the Ministry of Environment, Forest and Climate Change of India (MoEFCC) in collaboration with the Forest Department, Government of Rajasthan should constitute a 5- member Committee preferably headed by a retired Judge of the Rajasthan High Court. The Committee shall include one Domain Expert, preferably a retired Chief Conservator of Forests, a Senior Officer from the MoEFCC, Government of India and one Senior Officer each from the Forest Department and Revenue Department, Government of Rajasthan. The terms and conditions of the Committee shall be jointly finalized by the Union of India and the State of Rajasthan.
The apex court also proposed certain suggestions to promote the sustainable conservation of sacred groves and empower the communities associated with their protection. The SC suggested identification of traditional communities that have historically protected sacred groves and designate the areas as 'Community Forest Resource' under Section 2(a) of the Forest Rights Act. These communities have shown a strong cultural and ecological commitment to conservation, and their role as custodians should be formally recognized. As per Section 5 of the Forest Rights Act, they should also be empowered, along with Gram Sabhas and local institutions, to continue protecting wildlife, biodiversity, and natural resources. Granting them the authority to regulate access and prevent harmful activities would preserve their legacy of stewardship and promote sustainable conservation for future generations.
Models like Piplantri village demonstrate how community driven initiatives can effectively address social, economic, and environmental challenges in a cohesive manner. Active measures are required at the Governmental level to ensure that such ideas are implemented/replicated in other parts of the country to promote sustainable development and gender equality. The Central and State Governments should support these models by providing financial assistance, creating enabling policies, and Active measures are required at the Governmental level to ensure that such ideas are implemented/replicated in other parts of the country to promote sustainable development and gender equality, the SC said.
The Central and State Governments should support these models by providing financial assistance, creating enabling policies, and offering technical guidance to communities.
The Ministry of Environment, Forest and Climate Change (MoEFCC) is recommended to create a comprehensive policy for the governance and management of sacred groves across the country. As part of this policy, the MoEFCC must also develop a plan for a nationwide survey of sacred groves, by whatever name they are identified in each State. This survey should identify their area, location, and extent, and clearly mark their boundaries. These boundaries should remain flexible to accommodate the natural growth and expansion of these forests while ensuring strict protection against any reduction in size due to agricultural activities, human habitation, deforestation, or other causes.
The SC suggested that MoEFCC should strive to create policies and programs that protect the rights of these communities and involve them in forest conservation.