What is the SC directive on sacred groves?

Recent Context

1. In December 2024, the Supreme Court ordered the Rajasthan Forest Department to map and classify sacred groves as ‘forests’ and ‘community reserves’ under the Wildlife Protection Act, 1972.
2. This order shifts control of sacred groves from community-based management to the Forest Department.
3. The Court also recommended the Union Environment Ministry to identify sacred groves across the country and formulate a policy for their protection.

What is the background of the case?

1. SC’s definition of ‘forest land’:

1. In T.N. Godavarman v. Union of India, 1996, it was held that ‘forest land’ in Section 2 of the Forest (Conservation) Act, 1980:
   1. Will not only include ‘forest’ as understood in the dictionary sense,
   2. But also, any area recorded as forest in the government record irrespective of the ownership of the land.
2. State governments were directed to form expert committees to identify such areas.

2. Expert committee report of the Rajasthan government (2004):

1. Identified only those sacred groves as ‘forests’ that fulfilled the criteria of ‘deemed forests’, while the remainder was not.
   1. Criteria of ‘deemed forests’: Trees covering 5 hectares of land with at least 200 trees per hectare

3. Disagreement of Supreme Court’s Central Empowered Committee (CEC): Because the report of the expert committee was not in line with SC’s definition of ‘forest land’.

4. SC’s direction: In 2018, the Rajasthan government was directed to implement the recommendations immediately.

5. Since 2018, the Rajasthan government has only notified around 5,000 out of 25,000 orans (sacred groves) as deemed forests.

What are sacred groves?

1. Sacred groves are forests that are protected by local communities due to their religious and cultural significance.

2. They are often associated with temples, monasteries, shrines, pilgrim sites, and/or burial grounds.

3. How are they called in different regions of India?

Region	Names
Karnataka	‘devara kadu’
Kerala	‘kavu’ and ‘sarpa kavu’
Gujarat	‘sabarkantha’, ‘dahod’ or ‘banaskantha’
Rajasthan	‘orans’, ‘malvan’, ‘deo ghat’, and ‘baugh’
Chota Nagpur Plateau region	‘sarna’
Chhattisgarh	‘devbani’
Odisha	‘jahera’ or ‘thakuramma’
Maharashtra and Chhattisgarh – by the Muria, the Madia, and the Gond adivasis	‘devgudi’
Himachal Pradesh	‘devban’
Meghalaya	‘ki law lyngdoh’, ‘ki law kyntang’ or ‘ki law niam’

4. India has the highest number of sacred groves in the world, ranging up to 10 lakh groves. Rajasthan has around 25,000 and they cover about six lakh hectares of the State.

What is the significance of sacred groves?

1. Part of cultural identity:

1. The myths, legends and beliefs surrounding a sacred grove is closely tied with how the community identifies itself.
2. It thus has a strong emotional and psychological connection with the community.
3. According to anthropologists, they are closely related with the concept the Nature-Man-Spirit Complex (NMS Complex) which highlights the relationship between people, nature, and the spiritual world.
4. For instance, in the Mawphlang Sacred Forest of Meghalaya, rituals are conducted to appease the spirits of the forest for their blessings.

2. Biodiversity hotspots:

1. They are sites that support the growth of unique and endemic flora and fauna.
2. For instance, the sacred groves of Kerala help in the preservation of rare species such as Malabar civet, Lion-tailed macaque etc.

3. Water Conservation:

1. They are frequently sources of perennial streams, ponds, or sacred springs, helping maintain local hydrology.

4. Disaster mitigation:

1. They have helped communities mitigate the effects of floods, landslides, and droughts on their lives while stabilising the soil and preventing erosion.

5. Traditional knowledge:

1. They act as repositories of indigenous knowledge of herbal medicines, sustainable forest management etc.

6. Livelihood source:

1. They provide a variety of resources like medicinal plants, fruits, fuelwood, fodder, and even water for communities.

What are community reserves?

1. Community reserves are community-owned lands where local communities actively participate in wildlife conservation while continuing their traditional land-use practices.

2. They are a category of protected areas introduced through the Wildlife Protection (Amendment) Act, 2002 under the Wildlife Protection Act, 1972 (WLPA).

3. Volunteering by the locals: To conserve habitats to protect “fauna, flora, and traditional or cultural conservation values and practises”.

4. Responsibilities of the locals:

1. Prevent any offences specified in the WLPA
2. Assist the authorities in arresting any offenders
3. Report the “death of any wild animal,”
4. Prevent or extinguish any fires

Some of Offences include:

Damaging the boundary marks

Teasing or molesting wild animals

Littering in the community reserve

Setting fires or allowing a fire to burn

Using any chemical substances that endanger wildlife

5. Control: The Chief Wildlife Warden, under whose jurisdiction community reserves fall, effectively has overall control of the reserve and its management plan.

6. Community Reserve Management Committee:

1. Must be constituted by the State Government to conserve, maintain, and manage the reserve and to protect wildlife and habitats.
2. Consists of:
   1. At least five members nominated by the gram panchayat (or members of the gram sabha if there is no gram panchayat)
   2. A representative of the Forest or Wildlife Department in whose jurisdiction the community reserve is located.
3. If the reserve is on private land, the committee will consist of:
   1. The landowner
   2. A representative of the Forest or Wildlife Department
   3. A representative of the concerned Panchayat or tribal community
4. The elected chairperson of the committee will be designated the reserve’s ‘Honorary Wildlife Warden’.
5. Land-use pattern within a community reserve cannot be changed without the approval of the reserve management committee and the State government.

What are the other protected areas under WLPA, 1972?

1. National Parks: Areas designated for the protection of wildlife and biodiversity, with strict regulations against human activities.
2. Wildlife Sanctuaries: Areas where certain species of flora and fauna are protected, with some regulated human activities allowed.
3. Conservation Reserve: They are reserves that are created on government-owned land that is not part of a National Park or Wildlife Sanctuary.

Conservation Reserve vs Community Reserve

Criteria	Conservation Reserve	Community Reserve
Ownership	Government-owned land	Typically, private land
Management	Managed by the government	Managed by the community with a committee
Purpose	To protect wildlife and biodiversity	To conserve biodiversity through community involvement

How will the directive clash with the FRA’s provisions?

1. The directive which would lead to the takeover of the control of sacred groves by the Forest department defies the Forest Rights Act (FRA) 2006.

2. FRA 2006 sought to recognise traditional and customary rights over all forest lands under the control of the Gram Sabhas (took away the control of the Forest Department).

3. Currently,

1. All sacred groves in forest areas come under ‘community forest resources’ as per the FRA 2006.
   1. Community forest resource: As per FRA 2006, it is the “customary common forest land within the traditional or customary boundaries of the village… including reserved forests, protected forests and protected areas to which the community had traditional access”.
   2. Authority of the Gram Sabha: To protect, regenerate, conserve or manage community forest resources, along with the wildlife, flora, and biodiversity within.
2. All sacred groves outside forest land, if any, also come under the FRA’s purview if a proposal to notify them as ‘forest land’ comes into being

4. With the directive, if sacred groves are notified as community reserves:

1. The sacred groves would be controlled by the forest department. Thus, undermining the traditional governance in such areas.
2. It could lead to conflict with the customs of communities threatening their cultural identities.
3. The traditional and customary rights of the communities could be lost.

Forest Rights Act, 2006

1. Aim:

1. To recognize the rights of forest-dwelling communities over forest land and resources.
2. Seeks to address historical injustices faced by these communities regarding their traditional land use and forest rights.

2. Key Provisions

1. Recognises 4 types of rights:
   1. Title rights: Ownership rights to Forest Dwelling Scheduled Tribes and Other Traditional Forest Dwellers of land used for farming up to 4 hectares.
   2. Use rights: Use for grazing, collecting Minor Forest Produce etc.
   3. Relief and development rights: Right to rehabilitation in case of illegal or forced displacement.
   4. Forest management rights: The right to protect, regenerate, conserve or manage any community forest resource.
2. Central role of Gram Sabha
   1. Gram Sabha initiates the process of verification of claims.
   2. No eviction of forest dwellers is allowed unless Gram Sabha consents and scientific alternatives are explored.
   3. Role in protection of community forest resources

Conclusion

The change in control over sacred groves must not overlook the crucial role of communities in sustaining these rich forest ecosystems. A collaborative model between the Forest Department and the community is necessary. This is because true forest conservation is possible only when local communities are made active stakeholders in protecting and regenerating forests.

 

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