Supreme Court: In a matter concerning the protection of the sacred groves/Orans of Rajasthan, the three Judge Bench of B.R. Gavai, S.V.N. Bhatti, and Sandeep Mehta, JJ. directed the authorities concerned to ensure implementation of the directions given in this judgment in letter and spirit, and to also consider the suggestions during the implementation of these directions. The Ministry of Environment, Forest and Climate Change (MoEFCC), Government of India, Forest Department, Government of Rajasthan were directed to file a compliance report regarding constitution of the Committee.
Background
India is home to thousands of community-protected forests known as ‘Sacred groves’. These areas are patches of forest or clusters of trees that hold deep cultural or spiritual significance for the local communities that protect and sustain them. The present Interlocutory application concerns the protection of the sacred groves/Orans of the Rajasthan.
Orans of Rajasthan
The word ‘Oran’ is a derivative of the Sanskrit word ‘Aranya’ meaning the ‘undisturbed forest’. Orans are related to religious practices followed since time immemorial and serve to conserve natural resources. People do not harm sacred groves mainly because of socio-religious traditions, believing that anyone who cuts or uses an axe in a sacred grove may be harmed by the presiding deity. These religious and cultural practices ensure that the ecosystem is maintained and prevent the deforestation/desertification process.
In the Judgment T.N. Godavarman Thirumalpad v. Union of India, , the Court held that the (‘FC Act’) is applicable to all forests, irrespective of their classification, and directed State Governments to identify forests through expert committees.
In compliance with these directions, the State of Rajasthan constituted the State Level Expert Committee, which submitted its report in 2004. The Kapoor Committee identified sacred groves, such as Orans, Bundhs, and Dev-vans, for classification as ‘forests.’ It recommended that ‘deemed forests’ would be “a compact of area of minimum 5 hectares and where naturally growing minimum 200 trees per ha. Exist.”
Subsequently, numerous interlocutory applications were filed praying that sacred groves in the State of Rajasthan be classified as ‘deemed forests. The matter was then referred to the Central Empowered Committee (‘CEC’) which found that the Kapoor Committee’s criteria was inconsistent with Supreme Court’s orders and recommended classifying sacred groves as ‘forests,’ save for small, fragmented areas that are difficult to manage, which may be excluded under the FC Act.
Pursuant thereto, the State of Rajasthan had published the Rajasthan State Forest Policy, 2010, where the guidelines were laid down for Orans/Dev-vans.
By order dated 03-07-2018, Supreme Court directed the State of Rajasthan to implement the recommendations of the CEC expeditiously, in letter and spirit.
Subsequently, the applicant filed an application seeking directions to the State of Rajasthan to take steps in accordance with the mandate of this Court’s order for identification, survey, and demarcation of sacred groves such as Orans, Dev-vans, Rundhs, etc. as ‘forest lands’ to be included under the purview of the FC Act, and additionally to declare the 100 Orans identified in the publication ‘Oran Atlas of Rajasthan’ as ‘forest lands’.
Analysis and Decision
The Court took note of Nature Lovers Movement v. State of Kerala, , wherein it was eloquently reflected upon Indian society’s deep-rooted commitment to environmental protection. Furthermore, the , has also emphasized the importance of preserving the cultural and traditional values of forests, explicitly incorporating these principles into its preamble.
Statutory Framework
The Court took note of Section 2 of the FC Act that strengthens the protection of forests by strictly regulating activities that could lead to their degradation or misuse of the forests. It prohibits any State Government or any authority from de-reserving forest areas, using forest land for non-forest purposes, or leasing it to private entities without prior approval from the Central Government.
The Court noted that the statutory framework also supports the recognition of sacred forests. The Forest Rights Act explicitly acknowledges community rights over customary forest resources and mandates their conservation. Similarly, the , under Section 36 C, recognizes the importance of community reserves, underscoring the need to preserve cultural and ecological landscapes. The , and the , also advocate for integrating biodiversity conservation into community-based management frameworks. Moreover, international obligations such as the Convention on Biological Diversity, 1992 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compel India to respect and protect traditional ecological knowledge and cultural practices
Ecological and Cultural Significance
The Court emphasised that the protection of Orans lands as ‘forests’ under the FC Act is imperative for upholding both ecological sustainability and cultural heritage. Orans are not merely tracts of land, but sacred groves deeply interwoven with the spiritual and cultural ethos of local communities. They represent a grassroot model of conservation, where biodiversity thrives under community-led management and traditional practices of restraint. These sacred groves are pivotal for in situ biodiversity preservation, safeguarding endangered species. Additionally, they mitigate soil erosion, recharge aquifers, and serve as genetic repositories critical for ecological balance.
Rajasthan’s Policy framework and CEC recommendations
The Court noted that Rajasthan State Forest Policy, 2010, had recognized the critical importance of Orans, providing for their legal and financial support, demarcation, and community-led management. However, the Rajasthan Forest Policy, 2023, has diluted these protections by relegating Orans to the status of general community lands, thereby eroding the focused conservation mechanisms previously afforded to them.
Conclusion
The Court concluded that given their ecological, cultural, and spiritual significance, Oran lands must be granted the legal status of “forests” under the FC Act. This designation would not only ensure their protection against encroachment and degradation but also reinforce community participation in sustainable forest management.
“Recognizing Orans as forests aligns with both domestic legal mandates and international commitments, fostering a harmonious balance between cultural heritage and biodiversity conservation for present and future generations.”, the Court said
The Court noted that pursuant to the orders of this Court, the State of Rajasthan has initiated the process of identifying and notifying sacred groves as forests through district-wise notifications, however, it highlighted the significant delay in commencing this critical process. The Court emphasised that 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 Court gave the following directions:
Forest Department of the State 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.
The State of Rajasthan was directed 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 01-06-2005. Additionally, all three recommendations outlined in the report must be implemented in their entirety and in true spirit. This 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
Given the ecological and cultural importance of sacred groves, the Court recommended that they be granted protection under the , 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. The State Government, in collaboration with local communities, were directed to initiate this process to safeguard both their ecological and cultural value.
The Ministry of Environment, Forest and Climate Change of India (MoEFCC) in collaboration with the Forest Department, Government of Rajasthan were directed constitute a 5-member Committee preferably headed by a retired Judge of the Rajasthan High Court, to ensure compliance of the aforementioned directions.
The Committee to include one Domain Expert, preferably a retired Chief Conservator of Forests, a Senior Officer from the MoEFCC, Government of India and one Senior Officer 45 each from the Forest Department and Revenue Department, Government of Rajasthan. The terms and conditions of the Committee to be jointly finalized by the Union of India and the State of Rajasthan.
The Court gave the following suggestions:
The Rajasthan Government should identify traditional communities that have historically protected sacred groves and designate these areas as ‘Community Forest resource’ under Section 2(a) of the Forest Rights Act.
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 offering technical guidance to communities.
MoEFCC was 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. This survey should identify their area, location, and extent, and clearly mark their boundaries.
MoEFCC should strive to create policies and programs that protect the rights of communities with customary rights in forests and involve them in forest conservation.
The matter is listed on 10-01-2025 for receiving the compliance report.
CASE DETAILS
| Citation: IA No(s). 41723 of 2022 Appellants : T.N. Godavarman Thirumulpad Respondents : Union of India | Advocates who appeared in this case For Petitioner(s): For Respondent(s): |
CORAM :
B.R. Gavai, J.
S.V.N. Bhatti, J.
The post appeared first on .