Orans are not merely tracts of land but sacred groves deeply interwoven with the spiritual and cultural ethos of local communities– Supreme Court Reinforces Protection of Sacred Groves in Rajasthan

Summary of the Judgment

• Case Name: T.N. Godavarman Thirumulpad v. Union of India & Ors.

• Date of Judgment: 18 December 2024

• Bench Composition: Hon'ble Justice B.R. Gavai, Hon'ble Justice S.V.N. Bhatti, and Hon'ble Justice Sandeep Mehta

• Advocates: Shri K. Parameshwar (Amicus Curiae) and Shri Shiv Mangal Sharma (Additional Advocate General for Rajasthan)

• Acts and Sections Cited: 

  Forest Conservation Act, 1980

  Wildlife Protection Act, 1972

  Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

• Cited Judgments: 

  T.N. Godavarman Thirumulpad v. Union of India (1997),

  Nature Lovers Movement v. State of Kerala (2009),

  Orissa Mining Corporation Ltd. v. Ministry of Environment & Forests (2013)

Introduction

The Supreme Court of India, through this landmark decision, has reinforced its commitment to preserving ecological and cultural heritage by addressing the conservation of sacred groves, or "Orans," in Rajasthan. The judgment underlines the vital role of sacred groves in maintaining biodiversity, supporting local communities, and safeguarding cultural practices.

Key Highlights of the Judgment

1. Ecological and Cultural Significance of Orans Sacred groves, locally known as Orans, are protected forest patches revered by communities for their spiritual significance. These ecosystems are biodiversity hotspots, offering refuge to endangered species like the Indian gazelle and blackbuck, and supporting cultural symbols like the khejri tree. The judgment recognises Orans as essential in mitigating desertification, promoting water conservation, and maintaining ecological balance.

"Orans are not merely tracts of land but sacred groves deeply interwoven with the spiritual and cultural ethos of local communities." – Hon’ble Justice Sandeep Mehta

2. Statutory and Policy Framework The Court criticised the dilution of protections for Orans in the Rajasthan Forest Policy, 2023, as compared to the 2010 policy. It emphasised the importance of recognising these lands as "forests" under the Forest Conservation Act, 1980, to prevent their encroachment and degradation.

3. Community Involvement in Conservation A significant aspect of the judgment is its emphasis on empowering local communities. Drawing from the Forest Rights Act, 2006, the Court highlighted the role of forest-dwelling communities in sustainable management and protection of sacred groves. It also recommended recognising sacred groves as "community reserves" under the Wildlife Protection Act, 1972.

"Sacred groves embody a grassroots conservation model that integrates cultural traditions with ecological restoration." – Shri K. Parameshwar, Amicus Curiae

Observations on Implementation

The Court noted delays in implementing previous directives, particularly the identification, mapping, and notification of sacred groves. It directed the Rajasthan Forest Department to expedite these processes, utilising both on-ground and satellite mapping techniques.

Moreover, the judgment stressed the need for a collaborative approach involving the Ministry of Environment, Forest and Climate Change (MoEFCC), Rajasthan Forest Department, and local communities.

Comparative Perspective: National and International Contexts

India's obligations under international conventions, such as the Convention on Biological Diversity (CBD), were also referenced. Article 8 of the CBD, which mandates the protection of indigenous practices, aligns with the Court’s directive to preserve sacred groves.

The Piplantri model, a community-driven initiative from Rajasthan, was cited as an exemplary practice for balancing environmental, social, and economic objectives. This initiative's success underscores the potential of replicating such models across other regions to ensure sustainable development.

Court-Directed Measures

1. Formation of a CommitteeThe Court has mandated the formation of a five-member committee to oversee the identification and conservation of Orans. This committee will include a retired High Court judge and experts from relevant fields.

2. Classifying Sacred Groves as ForestsThe Court reiterated that sacred groves should be classified as "forests" irrespective of their size, focusing on their ecological and cultural significance.

3. Time-Bound ImplementationThe State of Rajasthan is directed to complete the survey and notification process for all Orans within eight months. Public objections, if any, must be addressed promptly.

4. Integration with Wildlife Protection ActSacred groves should be recognised as "community reserves" under the Wildlife Protection Act, providing them with enhanced legal safeguards against unauthorised land use changes.
   

Significance of the Judgment

This judgment is a milestone in environmental jurisprudence, as it balances ecological sustainability with cultural preservation. By upholding the principles of the Forest Conservation Act, the Court has reinforced the importance of a statutory framework for protecting vulnerable ecosystems.

The judgment also sets a precedent for involving local communities as custodians of natural resources, ensuring that conservation efforts are inclusive and effective.

Conclusion

The Supreme Court's decision in T.N. Godavarman Thirumulpad v. Union of India & Ors. is a clarion call for integrating traditional knowledge systems with modern conservation strategies. It not only reaffirms the ecological importance of sacred groves but also recognises their role in cultural identity and community resilience.

"The main motto of social life is to live in harmony with nature. It was regarded as a sacred duty of everyone to protect them." – Nature Lovers Movement v. State of Kerala (2009)

As India strives to achieve its environmental and developmental goals, this judgment underscores the need for legal and community-driven frameworks to protect our natural heritage for generations to come.