In a landmark judgement in T.N. Godavarman Thirumulpad versus Union of India, December 18, 2024, the three Judge bench of the Supreme Court recognised oran lands as ‘forests’ under the Forest Conservation Act (FCA) 1980. The court has directed the state of Rajasthan to carry out a detailed mapping of the sacred groves and to completely adhere to the recommendations of the Central Empowered Committee’s report of 2005 to classify oran lands as forests which were hitherto not being recognised in official revenue records. The apex court has taken utmost cognizance of these sacred forests that have been traditionally managed by local communities. These sacred forests have a fundamental role in preservation of natural ecosystems, protection of biodiversity and endangered species, conservation of livelihoods and water resources, prevention of soil erosion, thus ensuring sustainability of natural resources. The amicus curiae in this case highlighted that sacred groves are imperative to link cultural practices with biodiversity conservation, which is deeply rooted in the belief that humans are part of a broader ecological community. They also laid stress on adopting a decentralised, bottom-up approach in which communities play a pivotal role as the primary decision-makers in managing, nurturing and protecting the forest ecosystem.
There are plenty of community protected forests in the country which are also known as sacred groves. These forests have deep cultural and spiritual significance for the local communities that nurture and protect them. The existence of these sacred groves can be traced back to pre-agrarian hunter-gatherer societies. These sacred forests spread throughout the country are known by different terminologies. For instance, in Rajasthan, orans which are sacred groves is also called as deora, malvan, deorai, rakhat bani, deo ghats, mandir van and baugh. Orans in Rajasthan are the epitome of a deep ethereal relationship that exists between communities, forests and natural resources. Rajasthan is home to about 25,000 oran lands covering an area of about 6,00,000 hectares. Oran land is used by local communities for grazing, forest products, natural water filtration and for livelihood opportunities to promote the livestock economy.
The existence of these natural community reserves also serves as a repository of indigenous wisdom to withstand shocking weather events and climate change. They have historically also played an instrumental role in protecting springs and aquifers and recharging water channels built as ponds and baoris, which are used for drinking and irrigation. Orans also host a significant number of Khejri trees (Prosopis spicigera), deer, blackbuck and nilgai which are also sacred to the Bishnoi community of Rajasthan. These communities living in these oran lands have historically played a pivotal role in protecting these forests from being cut down. In 1730, in Khejadli district of Jodhpur, 363 Bishnoi women gave up their lives to protect Khejri trees. The Mata Karni Devi Temple Trust of Bikaner, which is also known for rodents, manages and protects 2,100 hectares of sacred groves near the temple. In Meghalaya, these sacred groves are called Living Root Bridges, built by Khasi communities. These living structures are an exemplary example of indigenous knowledge, where Ficus trees are systematically grown to form strong living structures that serve as natural pathways providing resilience to withstand strong weather conditions.
The judgment marks a paradigm shift especially with regard to protection and preservation of sacred groves as forests that have historically been neglected. In fact, these oran lands in revenue records have been classified as ‘wasteland’ which only aids those seeking to divert these parcels for developmental purposes. In the recent past, oran lands have been diverted them for the installation of renewable energy projects in the eastern part of Rajasthan. The Supreme Court directed that these sacred forests should be declared as community reserves under the Wildlife Protection Act, 1972 and also to grant them protection under the Forest Rights Act (FRA) 2006. The produce from these areas should be designated as ‘common forest resource’ (CFR) under section 2(a) of the FRA. This allows local forest dwelling communities with the rights to protect, conserve and manage these community forest resources for sustainable use. However, the implementation of FRA, especially with regard to granting of CFR, has not been satisfactory with insurmountable errors and issues. In many instances, the forest department which remains a bulwark against communities for control of forests, refuses to recognise CFR claims. The forest department holds immense power and vehemently opposes CFR as that would severely reduce its control over forests. CFR has been implemented significantly in just a few states like Maharashtra, Chhattisgarh and Odisha. In most of the remaining states, the implementation has been piecemeal. In terms of claims status, as per the Union Ministry of Tribal Affairs dashboard, total title distributed under FRA stands at 2,498,185 (48.95 per cent), rejected claims at 1,859,486 (36.43 per cent) and pending claims at 746,093 (14.62 per cent). If we look at Rajasthan in terms of CFR status, only 3,000 CFR titles have been distributed out of the 5,000 claims received. States like Kerala, Uttar Pradesh, Bihar, Tripura, Goa, Tamil Nadu, Uttarakhand and Telangana have not been able to even grant a single right under Section 2(a) of FRA.
Communities develop their own indigenous ways to manage and protect these forests. There is a deep symbiotic relationship that is shared between communities and forests and the role of communities in managing and protecting these forests is extremely important to sustain ecosystems. Formalising these lands into legal structures often brings bureaucratic procedures and administrative structures into the picture that hinders communities’ control over their resources. Recognition of CFR under FRA is also plagued by a top-down process that circumvents the role of communities in managing and preserving forests. There are also concerns about the diversion of forest land for non-forest use under the Forest Conservation Act, 1980. Between 2008-09 and 2022-23, 17,301 projects involving 3,05,945.38 hectares of forest land has been approved for non-forest use. Elinor Ostrom, in her seminal work, highlighted how communities through their self-organised institutions can effectively manage common resources. Management of these orans is an exemplary instance of how these natural resources were governed by the communities for sustainable resource management. The judgment is landmark indeed and its effective implementation can only be realised through a bottom-up approach and building a harmonious synthesis between formalisation and community stewardship.
Gaurika Chugh is Assistant Professor, Department of Policy and Management Studies, TERI School of Advanced Studies
Views expressed are the author's own and do not necessarily reflect those of Down To Earth