Map sacred groves, notify them as forests, community reserves: Supreme Court to Rajasthan

Apex court recommended Union environment ministry to create a comprehensive policy for the governance and management of sacred groves across India
Map sacred groves, notify them as forests, community reserves: Supreme Court to Rajasthan
Demoisille cranes at a water hole in Khichan village, Rajasthan. The scene is typical of the sacred groves in the Thar Desert.iStock
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The Supreme Court on December 18 directed the Rajasthan forest department to identify and notify the state’s sacred groves with detailed on-ground and satellite mapping.

A bench of Justices BR Gavai, SVN Bhatti and Sandeep Mehta passed the judgement while hearing a petition submitted by Aman Singh, chief coordinator of Krapavis (Krishi Avam Paristhitiki Vikas Sansthan). Krapavis is an environmental organisation based in Alwar that works for the protection and conservation of orans and other sacred groves of Rajasthan.

Singh had filed the application as the state government had failed and been inactive in implementing the previous directions of the apex court.

The apex court directed that each sacred grove — known as orans, dev-vans, Rundhs, or any other name in the respective area — be mapped and classified as ‘forests’, as recommended in the Central Empowered Committee or CEC’s report dated June 1, 2005.

The court referred to the landmark TN Godavarman vs Union of India and others judgement dated December 12, 1996, and reinstated that state governments must identify forests through expert committees.

Background of case

The state of Rajasthan state had constituted a State Level Expert Committee, which had submitted its report on April 15, 2004, the court said. The panel, called the Kapoor Committee, identified sacred groves to classify them as ‘deemed forests’.

Such ‘deemed forests’ would be “a compact of area of minimum 5 hectares and where naturally growing minimum 200 trees per ha. Exist,” the court noted.

Later, many applications were received demanding sacred groves to be classified as ‘deemed forests’. The matter was then referred to the CEC.

The CEC’s June 2005 report found the Kapoor Committee’s criteria were not consistent with courts orders. It recommended classifying sacred groves as ‘forests’, “save for small, fragmented areas that are difficult to manage, which may be excluded under the Forest Conservation (FC) Act”.

The Supreme Court in July 2018 directed the state of Rajasthan to implement the recommendations of the CEC. However, due to delay in identifying sacred groves as ‘deemed forests’, an affidavit was submitted to the court on February 13, 2024.

Krapavis pointed out to the court that Rajasthan’s district-wise list of identifying orans as ‘deemed forests’ was incomplete as it covered 5,000 orans against an estimated 25,000.

The petitioner also stated that the Rajasthan Forest Policy 2023, lacks provisions defining the roles, responsibilities, and rights of local communities in conserving orans, dev-vans, and rundhs.

The state government had regressed from its previous policy of defining a detailed framework for sacred grove protection to vaguely stating it in its 2023 policy (“Actively take up protection, conservation and plantation on community lands like Gochar, Oran, Charagah, etc), according to the petitioner. 

Importance of sacred groves

“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,” said the court.

It added that given the ecological and cultural importance of sacred groves, they should be granted protection under the Wildlife Protection Act 1972, specifically through Section 36-C, which allows for the declaration of ‘community reserves’.

“This would legally protect these areas, recognising their role in biodiversity conservation and cultural practices. Sacred groves/orans should be identified and, where appropriate, declared as community reserves to ensure their preservation and prevent unauthorised land use changes. State Government, in collaboration with local communities, should initiate this process to safeguard both their ecological and cultural value,” the court observed.

Rajasthan should form a five-member committee including one domain expert, preferably a retired chief conservator of forests; a senior officer from the Union Ministry of Environment, Forest and Climate Change (MoEF&CC), Government of India; and one senior officer each from the forest department and revenue department, Government of Rajasthan, as per the court.

“The terms and conditions of the Committee shall be jointly finalised by the Union of India and the State of Rajasthan,” it said.

The judgement said, “The court deems it necessary to propose certain suggestions to promote the sustainable conservation of sacred groves and empower the communities associated with their protection.”

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 recognises and respects the diverse legal and cultural practices of tribal communities across India.

Citing the provisions of the Act, the court directed the state of Rajasthan to identify traditional communities that have historically protected sacred groves. Rajasthan should designate these areas as ‘Community Forest resource’ under the Forest Rights Act, it added.

“These communities have shown a strong cultural and ecological commitment to conservation, and their role as custodians should be formally recognised,” it said.

“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 court added.

The MoEF&CC should create a comprehensive policy for the governance and management of sacred groves across India, the court recommended.

“As part of this policy, the MoEF&CC 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,” it said.

The court also stated that these 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 matter is listed for January 10, 2025, to receive the compliance report in this regard.

Parul Gupta, representing the petitioner in the case, said, “The judgement from the Supreme Court is a step ahead from its 2018 ruling as it not only recognises sacred groves as ‘forests’, but also protects community rights by recognising them as community reserves due to their cultural values.” 

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