Case Note & Summary
The Supreme Court of India was hearing an interlocutory application in the ongoing T.N. Godavarman Thirumulpad v. Union of India writ petition, which concerns forest conservation across India. The application sought classification of sacred groves known as Orans in Rajasthan as 'deemed forests' under the Forest Conservation Act, 1980. The background includes the Court's landmark 1996 judgment holding that the FC Act applies to all forests regardless of classification, and directing states to identify forests through expert committees. In compliance, Rajasthan constituted the Kapoor Committee, which identified sacred groves including Orans as forests but applied a minimum area and tree density criteria. The Central Empowered Committee found this inconsistent with the Court's orders. The Court examined the ecological and cultural significance of Orans, noting they are community-protected forests with deep religious and cultural roots, providing livelihood, grazing, water, and biodiversity conservation in arid regions. The Court considered submissions from the amicus curiae emphasizing community rights and conservation goals, and from the State of Rajasthan. The Court held that Orans are indeed forests under the FC Act and must be protected as deemed forests. It issued directions for their identification, mapping, and regulation, balancing conservation with sustainable community use. The judgment underscores the importance of sacred groves in India's biodiversity and cultural heritage, and aligns with international law principles on indigenous and community conserved areas.
Headnote
A) Environmental Law - Forest Conservation - Deemed Forests - Sacred Groves/Orans - Forest Conservation Act, 1980 - The Court considered whether sacred groves known as Orans in Rajasthan qualify as 'deemed forests' under the FC Act. Held that Orans, being community-protected forests with ecological and cultural significance, fall within the definition of forests as interpreted in T.N. Godavarman Thirumulpad v. Union of India, and must be classified as deemed forests for conservation purposes (Paras 14-15). B) Environmental Law - Community Rights - Conservation - Sacred Groves - Forest Conservation Act, 1980 - The Court examined the balance between community rights and conservation goals in protecting Orans. Held that while Orans serve as common property resources for grazing and livelihood, their conservation is paramount, and any use must be sustainable and regulated to prevent degradation (Paras 18-21). C) International Law - Indigenous and Community Conserved Areas - Sacred Natural Sites - Convention on Biological Diversity - The Court referred to international law principles recognizing sacred natural sites and community conserved areas. Held that India's obligations under the Convention on Biological Diversity support the protection of sacred groves as important biodiversity reservoirs (Paras 22-24).
Issue of Consideration
Whether sacred groves/Orans in Rajasthan should be classified as 'deemed forests' under the Forest Conservation Act, 1980 and what directions are necessary for their protection.
Final Decision
The Court directed that sacred groves/Orans in Rajasthan be classified as 'deemed forests' under the Forest Conservation Act, 1980, and issued directions for their identification, mapping, and regulation to ensure conservation while allowing sustainable community use.
Law Points
- Forest Conservation Act
- 1980 applies to all forests irrespective of classification
- sacred groves/Orans are deemed forests
- community rights and conservation goals must be balanced
- international law principles on indigenous and community conserved areas are relevant
