Supreme Court Mandates Recognition and Protection of Sacred Groves (Orans) as Forests under the Forest Conservation Act, 1980

Introduction

India, a land rich in biodiversity and cultural heritage, is dotted with thousands of community-protected forests known as "sacred groves." In Rajasthan, these sacred groves are referred to as "Orans," and they hold immense ecological and spiritual significance for local communities. However, these vital ecosystems are under threat due to urban expansion, deforestation, and resource exploitation.

In the landmark judgment titled In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors. (2024 INSC 997), delivered on December 18, 2024, the Supreme Court of India addressed the critical issue of protecting these sacred groves. The Court laid down new legal principles mandating the recognition of Orans as "forests" under the Forest Conservation Act, 1980 (FC Act), regardless of their size, to ensure their preservation.

This commentary delves into the background of the case, the key issues addressed, the Court's judgment, and its potential impact on environmental conservation and community rights in India.

Summary of the Judgment

The Supreme Court, acknowledging the ecological and cultural importance of Orans, directed the State of Rajasthan to identify, survey, and demarcate all sacred groves (Orans) as forests under the FC Act. The Court emphasized that the classification should be based on their purpose and significance to local communities, not on their size or extent.

Moreover, the Court mandated the implementation of the recommendations made by the Central Empowered Committee (CEC), which included recognizing sacred groves as forests and involving local communities in their conservation. The Court also suggested amending the Rajasthan Forest Policy to reinstate specific protections for Orans and proposed the creation of a committee to oversee the implementation of its directives.

Analysis

Precedents Cited

The Court's decision builds upon several critical precedents that underscore the importance of forest conservation and the recognition of community rights over traditional forest lands.

In T.N. Godavarman Thirumulpad v. Union of India [(1997) 2 SCC 267], the Supreme Court held that the provisions of the FC Act apply to all forests, irrespective of ownership or classification. The Court stated:

"The word ‘forest’ must be understood according to its dictionary meaning. This description covers all statutorily recognized forests, whether designated as reserved, protected, or otherwise... The provisions enacted in the Forest Conservation Act, 1980 for the conservation of forests and the matters connected therewith must apply clearly to all forests so understood irrespective of the ownership or classification thereof."

This judgment laid the foundation for the comprehensive protection of forests across India, extending legal safeguards to areas like Orans, which may not have been formally classified as forests.

In Orissa Mining Corporation Limited v. Ministry Of Environment & Forest & Ors. [(2013) 6 SCC 476], the Court emphasized the importance of customary rights and traditional practices of forest-dwelling communities. The Court observed:

"Legislative intention is, therefore, clear that the Act intends to protect custom, usage, forms, practices and ceremonies which are appropriate to the traditional practices of forest dwellers."

These precedents played a pivotal role in shaping the Court’s reasoning, reinforcing the necessity to recognize and protect sacred groves as forests under the law, while honoring the traditions and rights of indigenous communities.

Legal Reasoning

The Court's legal reasoning hinged on several key statutes and policies, as well as international obligations:

Forest Conservation Act, 1980: The Court reaffirmed that the FC Act applies to all forests, regardless of ownership or classification. It prohibits State Governments from diverting forest land for non-forest purposes without prior approval from the Central Government.
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act): This Act recognizes the rights of forest-dwelling communities over ancestral lands and their role in conserving forests. Sections 3 and 5 specifically acknowledge community rights to protect and manage forest resources traditionally conserved.
Wildlife Protection Act, 1972: Section 36-C allows for the designation of "community reserves," acknowledging the voluntary efforts of communities to conserve wildlife and habitats on private or community lands.
National Forest Policy, 1988: The Policy emphasizes the involvement of local communities in forest management and recognizes their customary rights and responsibilities.
International Conventions: The Court referred to the Convention on Biological Diversity, 1992, and the United Nations Declaration on the Rights of Indigenous Peoples, highlighting India's commitment to preserving traditional knowledge and practices related to biodiversity conservation.

By integrating these legal frameworks, the Court established that sacred groves like Orans must be recognized as forests under the FC Act. The Court underscored the need to preserve these areas not only for their ecological value but also for their cultural and spiritual significance to local communities.

The Court also addressed the inaction and delays by the State of Rajasthan in implementing previous directives to protect Orans. It critiqued the regression seen in the Rajasthan Forest Policy, 2023, which diluted specific protections for sacred groves present in the earlier 2010 Policy.

Impact

The judgment has far-reaching implications for environmental conservation and the recognition of community rights in India:

Legal Protection of Sacred Groves: By mandating the classification of Orans as forests under the FC Act, the Court has ensured stronger legal safeguards against deforestation, encroachment, and exploitation.
Community Empowerment: Recognizing the role of local communities in conserving sacred groves affirms their rights and responsibilities, fostering community-led conservation efforts.
Policy Reformation: The judgment may prompt the State of Rajasthan and other States to revise their forest policies to include specific protections for sacred groves and actively involve communities in forest management.
Environmental Conservation: Protecting sacred groves contributes to biodiversity conservation, preservation of endangered species, and maintenance of ecological balance, particularly in ecologically sensitive regions like the Thar Desert.
Precedent for Future Cases: This ruling sets a legal precedent emphasizing the importance of integrating cultural and spiritual values in environmental law, which may influence future judgments and policies.
International Obligations: The judgment aligns India's domestic law with its international commitments, enhancing the country's global standing in environmental conservation and indigenous rights.

Complex Concepts Simplified

To fully grasp the judgment, it is essential to understand several complex legal concepts and terminologies:

Sacred Groves (Orans)

Sacred groves are patches of forest or clusters of trees revered by local communities due to their spiritual and cultural significance. In Rajasthan, these are known as Orans. They are traditionally protected by communities, often associated with local deities, and play a crucial role in conserving biodiversity and sustaining livelihoods.

Forest Conservation Act, 1980 (FC Act)

The FC Act is a central legislation aimed at conserving forests across India. It restricts the de-reservation and diversion of forest land for non-forest purposes without prior approval from the Central Government. The Act applies to all forests, regardless of ownership or classification.

Deemed Forests

"Deemed forests" refer to lands that are not officially notified as forests but fulfill certain criteria, such as the presence of substantial tree cover, and are thereby considered forests under the law. In the context of this case, the State of Rajasthan and the Kapoor Committee used specific criteria (e.g., area size and tree density) to classify forests.

Community Reserves

Under the Wildlife Protection Act, 1972, community reserves are protected areas on private or community lands where local communities voluntarily conserve wildlife and habitats. This legal provision acknowledges the role of communities in biodiversity conservation.

Central Empowered Committee (CEC)

The CEC is a body appointed by the Supreme Court to oversee and ensure compliance with the Court's orders related to forest and wildlife conservation. In this case, the CEC provided recommendations on the classification and protection of sacred groves.

Forest Rights Act, 2006

This Act recognizes the rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers over ancestral lands and natural resources. It empowers communities to protect, manage, and conserve forests they have traditionally preserved.

International Conventions

India is a signatory to international agreements like the Convention on Biological Diversity, 1992, and the UN Declaration on the Rights of Indigenous Peoples. These treaties obligate India to respect and protect traditional knowledge and practices related to biodiversity and the rights of indigenous communities.

Conclusion

The Supreme Court's judgment represents a significant advancement in environmental jurisprudence and the recognition of indigenous rights in India. By mandating the classification of sacred groves (Orans) as forests under the FC Act, the Court has reinforced the legal protections afforded to these ecologically and culturally vital areas.

The ruling acknowledges the inseparable link between cultural practices and environmental conservation, emphasizing the necessity of involving local communities in the stewardship of natural resources. It calls upon the State of Rajasthan to actively engage with local communities, revise its policies to restore specific protections for Orans, and implement the directives in both letter and spirit.

This judgment not only safeguards the biodiversity of Rajasthan but also sets a precedent for other regions in India to recognize and protect their sacred groves. By aligning domestic law with international obligations, the Court has strengthened India's commitment to environmental sustainability and the preservation of cultural heritage.

In an era where environmental degradation and cultural erosion pose significant challenges, this ruling offers a path forward that integrates legal mandates, ecological necessity, and community wisdom. It underscores the principle that conservation is most effective when it is inclusive, respectful of traditional knowledge, and grounded in the communities that have been guardians of nature for generations.