Summary
In the T.N. Godavarman forest litigation, the Supreme Court directed the State of Rajasthan to complete the survey, mapping and notification of sacred groves (Orans, Dev-vans, Rundhs) and classify them as 'forests' under the Forest (Conservation) Act, 1980 irrespective of their size, implementing all three CEC recommendations of 2005, recommended their declaration as community reserves under the Wildlife Protection Act, and constituted a five-member committee to oversee compliance.
Issues
- Whether Rajasthan had complied with the Court's order of 03.07.2018 directing implementation of the Central Empowered Committee's recommendations on classifying sacred groves as forest land.
- Whether sacred groves such as Orans and Dev-vans should be treated as 'forest' under the Forest (Conservation) Act, 1980 irrespective of size or tree density.
- What further measures, including community participation and community-reserve status, are needed to protect sacred groves.
Provisions considered
- Section 2 (as amended by the Forest (Conservation) Amendment Act, 2023), Forest (Conservation) Act, 1980Relying on T.N. Godavarman (1996) that the Act applies to all forests in the dictionary sense and to areas recorded as forest irrespective of ownership, the Court held Orans must be given the legal status of forests so that dereservation or non-forest use needs prior Central approval. (¶¶ 14, 40, 41, 42, 51, 54)
- Preamble, Forest (Conservation) Amendment Act, 2023The preamble's reference to sustaining cultural and traditional values of forests was relied upon as recognising the cultural dimension of forest conservation. (¶ 39)
- Sections 2(a), 3(1)(i), 3(1)(j) and 5, Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006The Act recognises community rights to protect and manage community forest resources and empowers right-holders and Gram Sabhas to protect forests and biodiversity; the Court suggested that Rajasthan designate sacred groves protected by traditional communities as community forest resources and empower those communities. (¶¶ 25, 43, 58)
- Section 36-C, Wild Life (Protection) Act, 1972As Section 36-C allows the State to declare community or private land as a community reserve where the community volunteers to conserve wildlife, with land-use changes then needing committee and State approval, the Court recommended declaring sacred groves as community reserves where appropriate. (¶¶ 27, 44, 55)
- Sections 36(5) and 36-B, Biological Diversity Act, 2002Noted as obliging the Central Government to protect local knowledge of biodiversity and the State Government to develop conservation strategies, supporting community-based management. (¶¶ 28, 45)
Held
- Sacred groves are a grassroots model of community-led conservation with significant ecological value (in situ biodiversity, soil conservation, aquifer recharge) and cultural and spiritual significance; given this, Oran lands must be granted the legal status of 'forests' under the Forest (Conservation) Act, 1980. (¶¶ 47, 51)
- The Rajasthan Forest Policy, 2023 diluted the specific protections for Orans contained in the State Forest Policy, 2010 by treating them merely as general community lands. (¶ 50)
- Noting the delay in commencing identification, the Court directed the Rajasthan Forest Department to carry out on-ground and satellite mapping of every sacred grove, by whatever local name, and to complete survey and notification in all districts, classifying them as forests per the CEC report of 01.06.2005 and implementing all three CEC recommendations; classification must depend on purpose and cultural and ecological significance, not size or extent. The applicant's list of 100 groves is to be considered but is not exhaustive. (¶¶ 52, 53, 54)
- Sacred groves should, where appropriate, be identified and declared community reserves under Section 36-C of the Wild Life (Protection) Act, 1972, in collaboration with local communities, to prevent unauthorised changes in land use. (¶ 55)
- To ensure compliance, the MoEFCC and the Rajasthan Forest Department were directed to constitute a five-member committee, preferably headed by a retired judge of the Rajasthan High Court, with a domain expert and senior officers of the MoEFCC and the State Forest and Revenue Departments. (¶¶ 56, 57, 60)
- The Court suggested that communities traditionally protecting groves be recognised under the Forest Rights Act, that community models such as Piplantri be supported, that the MoEFCC frame a national policy and nationwide survey of sacred groves with protective boundaries, and that policies under the National Forest Policy, 1988 involve customary right-holders in conservation. (¶¶ 48, 49, 58, 59)
Result
I.A. No. 41723 of 2022 disposed of with directions; authorities to implement the directions in paragraphs 53 to 57 and consider the suggestions in paragraph 58; compliance report on constitution of the committee to be filed, matter listed on 10.01.2025.