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Supreme Court Directive on Sacred Groves
Context:
Recently, the Supreme Court of India directed the Forest Department of Rajasthan to map and document all sacred groves in the state.
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- These groves, significant both ecologically and culturally, were to be classified as ‘forests’ and notified as ‘community reserves’ under the Wildlife Protection Act (WLPA) of 1972.
- However, this decision conflicts with the Forest Rights Act (FRA) of 2006, which aims to protect traditional community rights over forest lands.
Background of the Case
- Sacred Groves in Rajasthan, referred to as ‘orans’, ‘malvan’, ‘deo ghat’, and ‘baugh’, are traditional community-protected forests, covering about six lakh hectares in the state.
- The case originated from the T.N. Godavarman v. Union of India judgment, where the Supreme Court broadened the definition of ‘forest land’ in the Forest (Conservation) Act, 1980, leading to the identification of more areas as ‘forests’, including sacred groves.
- In 2018, the Central Empowered Committee (CEC) rejected the Rajasthan government’s identification of sacred groves as ‘deemed forests’ and insisted they be documented as ‘forest lands’.
- Despite this, the Rajasthan Forest Policy 2023 omitted a detailed framework for sacred groves’ protection, leading to the present order by the Supreme Court.
Significance of Sacred Groves
- Sacred groves are community-regulated forests, often linked to religious beliefs and cultural identity.
- They are integral to community life and are conserved through customary laws and taboos, such as restrictions on resource extraction.
- These groves serve as biodiversity hotspots and sources of medicinal plants, often associated with temples, shrines, and pilgrim sites.
- They also have environmental benefits, such as mitigating floods, preventing soil erosion, and stabilizing the local ecosystem.
- India is home to an estimated 1-10 lakh sacred groves, making it a global leader in their preservation.
Understanding Community Reserves under the WLPA
- Community reserves are a category of Protected Areas introduced by the WLPA 2002, designated on community or private land where local communities voluntarily conserve wildlife and ecosystems.
- The management of these reserves falls under the Forest or Wildlife Department, with a Community Reserve Management Committee overseeing conservation efforts.
- Management control is vested in the Wildlife Warden, who works with local communities to ensure sustainable conservation.
Conflict with the Forest Rights Act (FRA)
- FRA 2006 grants gram sabhas (village councils) control over community forest resources, including sacred groves.
- These resources are part of the customary land where communities have traditional access and management rights.
- The FRA enables gram sabhas to conserve, regenerate, and manage community forests, including sacred groves, in line with local customs.
- If sacred groves were transferred to community reserve status, this could undermine the customary rights of the communities and conflict with the FRA’s mandate, which places management responsibility with gram sabhas, not the Forest Department.
Implications of the Supreme Court’s Order
- The mapping and classification of sacred groves as ‘forest land’ and their notification as ‘community reserves’ under the WLPA would mean a shift of authority from local communities to the Forest Department for conservation.
- This move overrides the provisions of the Forest Rights Act and clashes with the community-based conservation model supported by the FRA.
- The decision could lead to tensions between traditional governance of sacred groves by communities and the forest bureaucracy’s control under the WLPA.
The Supreme Court’s decision on sacred groves highlights the ongoing tension between traditional community conservation practices and state-controlled forest governance. The outcome of this conflict will have long-term implications for the sustainable management of sacred groves in Rajasthan and beyond.
