The Supreme Court (SC) December 18, 2024 directed the state of Rajasthan to complete the survey and notification of sacred groves (orans) in all districts.
The forest department of Rajasthan was asked to do detailed on-ground 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 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 SC judgment said.
Pursuant to SC orders, 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 court noted.
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.
Additionally, due to the ecological and cultural significance of sacred groves, it was suggested that they receive protection under the Wildlife Protection Act of 1972, particularly through Section 36-C, which permits the designation of 'community reserves'. This would legally protect these areas, recognising their role in biodiversity conservation and cultural practices.
Sacred groves should be identified and, where appropriate, declared as community reserves to ensure their preservation and prevent unauthorized land use changes, SC said. The state government, in collaboration with local communities, should initiate this process to safeguard both their ecological and cultural value, the apex court added.
In order to ensure compliance of the directions, the Union Ministry of Environment, Forest and Climate Change of India (MoEFCC) in collaboration with the Rajasthan Forest Department should constitute a five-member Committee preferably headed by a retired Judge of the Rajasthan High Court.
The Committee should include one domain expert, preferably a retired Chief Conservator of Forests, a senior officer from the MoEFCC and one senior officer each from the Forest Department and Revenue Department, Rajasthan. The terms and conditions of the committee should be jointly finalised 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 recognised.
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.
The SC said that MoEFCC should strive to create policies and programmes that protect the rights of these communities and involve them in forest conservation.
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.
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, by whatever name they are identified in each state. This survey should identify their area, location, and extent, and clearly mark their boundaries.
The 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 added.
The National Green Tribunal (NGT) December 17, 2024 directed authorities to file their reply on allegations of construction of a road violating environmental norms in Basai Meo village, Ferozpur Jhirka tehsil, Nuh district, Rajasthan.
It was alleged that the road was being built in the guise of the village consolidation process.
Counsel for the applicant, Yasin, submitted that the road is being constructed through the forest area and would adversely affect the forest.
The applicant has alleged violation of Section 2 of the Forest (Conservation) Act, and violation of sections 6, 32, 33 and 63 of the Indian Forest Act, 1927. It also raised concerns of health hazard created on account of the construction of the road.
Further, it was stated that illegal road construction has disrupted the natural drainage system in the village, causing waterlogging in certain areas.