{"id":337605,"date":"2024-12-19T17:30:36","date_gmt":"2024-12-19T12:00:36","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=337605"},"modified":"2024-12-26T11:37:07","modified_gmt":"2024-12-26T06:07:07","slug":"supreme-court-grants-legal-status-oran-lands-sacred-groves","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/12\/19\/supreme-court-grants-legal-status-oran-lands-sacred-groves\/","title":{"rendered":"Supreme Court recognises Oran lands as ‘Forests’ under Forest Conservation Act; Issues directions to protect \u2018sacred groves\u2019 of Rajasthan"},"content":{"rendered":"
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Supreme Court:<\/span> In a matter concerning the protection of the sacred groves\/Orans of Rajasthan, the three Judge Bench of B.R. Gavai, S.V.N. Bhatti, and Sandeep Mehta, JJ. directed the authorities concerned to ensure implementation of the directions given in this judgment in letter and spirit, and to also consider the suggestions during the implementation of these directions. The Ministry of Environment, Forest and Climate Change (MoEFCC), Government of India, Forest Department, Government of Rajasthan were directed to file a compliance report regarding constitution of the Committee.<\/p>\n

Background<\/h3>\n

India is home to thousands of community-protected forests known as ‘Sacred groves’. These areas are patches of forest or clusters of trees that hold deep cultural or spiritual significance for the local communities that protect and sustain them. The present Interlocutory application concerns the protection of the sacred groves\/Orans of the Rajasthan.<\/p>\n

Orans of Rajasthan<\/p>\n

The word ‘Oran’ is a derivative of the Sanskrit word ‘Aranya’ meaning the ‘undisturbed forest’. Orans are related to religious practices followed since time immemorial and serve to conserve natural resources. People do not harm sacred groves mainly because of socio-religious traditions, believing that anyone who cuts or uses an axe in a sacred grove may be harmed by the presiding deity. These religious and cultural practices ensure that the ecosystem is maintained and prevent the deforestation\/desertification process.<\/p>\n

In the Judgment T.N. Godavarman Thirumalpad<\/span> v. Union of India<\/span>, (1997) 2 SCC 267<\/a>, the Court held that the Forest Conservation Act, 1980<\/a> (‘FC Act’) is applicable to all forests, irrespective of their classification, and directed State Governments to identify forests through expert committees.<\/p>\n

In compliance with these directions, the State of Rajasthan constituted the State Level Expert Committee, which submitted its report in 2004. The Kapoor Committee identified sacred groves, such as Orans, Bundhs, and Dev-vans, for classification as ‘forests.’ It recommended that ‘deemed forests’ would be “a compact of area of minimum 5 hectares and where naturally growing minimum 200 trees per ha. Exist.”<\/p>\n

Subsequently, numerous interlocutory applications were filed praying that sacred groves in the State of Rajasthan be classified as ‘deemed forests. The matter was then referred to the Central Empowered Committee (‘CEC’) which found that the Kapoor Committee’s criteria was inconsistent with Supreme Court’s orders and recommended classifying sacred groves as ‘forests,’ save for small, fragmented areas that are difficult to manage, which may be excluded under the FC Act.<\/p>\n

Pursuant thereto, the State of Rajasthan had published the Rajasthan State Forest Policy, 2010, where the guidelines were laid down for Orans\/Dev-vans.<\/p>\n

By order dated 03-07-2018, Supreme Court directed the State of Rajasthan to implement the recommendations of the CEC expeditiously, in letter and spirit.<\/p>\n

Subsequently, the applicant filed an application seeking directions to the State of Rajasthan to take steps in accordance with the mandate of this Court’s order for identification, survey, and demarcation of sacred groves such as Orans, Dev-vans, Rundhs, etc. as ‘forest lands’ to be included under the purview of the FC Act, and additionally to declare the 100 Orans identified in the publication ‘Oran Atlas of Rajasthan’ as ‘forest lands’.<\/p>\n

Analysis and Decision<\/h3>\n

The Court took note of Nature Lovers Movement<\/span> v. State of Kerala<\/span>, (2009) 5 SCC 373<\/a>, wherein it was eloquently reflected upon Indian society’s deep-rooted commitment to environmental protection. Furthermore, the Forest (Conservation) Amendment Act, 2023<\/a>, has also emphasized the importance of preserving the cultural and traditional values of forests, explicitly incorporating these principles into its preamble.<\/p>\n

Statutory Framework<\/p>\n

The Court took note of Section 2 of the FC Act that strengthens the protection of forests by strictly regulating activities that could lead to their degradation or misuse of the forests. It prohibits any State Government or any authority from de-reserving forest areas, using forest land for non-forest purposes, or leasing it to private entities without prior approval from the Central Government.<\/p>\n

The Court noted that the statutory framework also supports the recognition of sacred forests. The Forest Rights Act explicitly acknowledges community rights over customary forest resources and mandates their conservation. Similarly, the Wildlife Protection Act, 1972<\/a>, under Section 36 C, recognizes the importance of community reserves, underscoring the need to preserve cultural and ecological landscapes. The Biological Diversity Act, 2002<\/a>, and the National Forest Policy, 1988<\/a>, also advocate for integrating biodiversity conservation into community-based management frameworks. Moreover, international obligations such as the Convention on Biological Diversity, 1992 and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compel India to respect and protect traditional ecological knowledge and cultural practices<\/p>\n

Ecological and Cultural Significance<\/p>\n

The Court emphasised that the protection of Orans lands as ‘forests’ under the FC Act is imperative for upholding both ecological sustainability and cultural heritage. Orans are not merely tracts of land, but sacred groves deeply interwoven with the spiritual and cultural ethos of local communities. They represent a grassroot model of conservation, where biodiversity thrives under community-led management and traditional practices of restraint. These sacred groves are pivotal for in situ biodiversity preservation, safeguarding endangered species. Additionally, they mitigate soil erosion, recharge aquifers, and serve as genetic repositories critical for ecological balance.<\/p>\n

Rajasthan’s Policy framework and CEC recommendations<\/p>\n

The Court noted that Rajasthan State Forest Policy, 2010, had recognized the critical importance of Orans, providing for their legal and financial support, demarcation, and community-led management. However, the Rajasthan Forest Policy, 2023, has diluted these protections by relegating Orans to the status of general community lands, thereby eroding the focused conservation mechanisms previously afforded to them.<\/p>\n

Conclusion<\/h3>\n

The Court concluded that given their ecological, cultural, and spiritual significance, Oran lands must be granted the legal status of “forests” under the FC Act. This designation would not only ensure their protection against encroachment and degradation but also reinforce community participation in sustainable forest management.<\/p>\n

“Recognizing Orans as forests aligns with both domestic legal mandates and international commitments, fostering a harmonious balance between cultural heritage and biodiversity conservation for present and future generations.”<\/span>, the Court said<\/p>\n

The Court noted that pursuant to the orders of this Court, the State of Rajasthan has initiated the process of identifying and notifying sacred groves as forests through district-wise notifications, however, it highlighted the significant delay in commencing this critical process. The Court emphasised that 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.<\/p>\n

The Court gave the following directions:<\/p>\n