The Supreme Court of India addressed the critical issue of protecting Rajasthan’s sacred groves, locally known as Orans. These ecologically and culturally significant lands have historically been conserved by communities. The judgment reinforces legal protections under the Forest Conservation Act, 1980 (FC Act), and emphasizes community-led management and international environmental obligations. It mandates the State of Rajasthan to identify, survey, and classify Orans as forests, and to ensure their preservation for biodiversity and cultural heritage.

I. Introduction

• Sacred groves (Orans) represent a harmonious blend of nature and spirituality, critical for biodiversity and local livelihoods.
• Rajasthan hosts approximately 25,000 Orans, covering 600,000 hectares, but faces threats from deforestation and urbanization.

II. Background

• The Forest Conservation Act, 1980 applies universally to all forests, as affirmed in T.N. Godavarman Thirumulpad v. Union of India.
• Interlocutory applications sought the classification of sacred groves as forests under the FC Act.

III. Key Submissions

• Amicus Curiae: Highlighted cultural and ecological importance; called for community-led management under laws like the Forest Rights Act, 2006.
• State of Rajasthan: Cited steps for identifying sacred groves but faced criticism for delays and insufficient implementation.

IV. Statutory Framework and Relevant Acts

• Forest Conservation Act, 1980 (Section 2): Restricts forest land use for non-forest purposes.
• Forest Rights Act, 2006 (Sections 3, 5): Recognizes community rights and duties to conserve forests.
• Wildlife Protection Act, 1972 (Section 36-C): Allows declaration of community reserves.
• Biological Diversity Act, 2002 (Section 36): Obligates states to respect local knowledge and conserve biodiversity.

V. Directions and Recommendations

1. Complete identification, mapping, and notification of sacred groves within eight months.
2. Sacred groves should be classified as forests regardless of size.
3. Recognize Orans as community reserves under the Wildlife Protection Act, 1972.
4. Form a five-member committee to oversee compliance.
5. Encourage nationwide policies for sacred grove management.

VI. Cultural and Ecological Significance

• Sacred groves act as biodiversity hotspots and cultural landmarks.
• Rajasthan's Bishnoi community and the Piplantri model demonstrate the integration of tradition and conservation.

VII. International Law

• Obligations under the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) to protect cultural and ecological practices.

Ratio Decidendi:

The judgment rests on the principle that forests, irrespective of their size or classification, are invaluable for ecological balance and cultural heritage. It extends the definition of forests under the FC Act to include sacred groves, ensuring their legal protection aligns with both domestic and international frameworks.

Acts and Sections Discussed:

1. Forest Conservation Act, 1980 (Section 2)
2. Forest Rights Act, 2006 (Sections 3, 5)
3. Wildlife Protection Act, 1972 (Section 36-C)
4. Biological Diversity Act, 2002 (Section 36-B)

Subjects:

#SacredGroves #ForestConservation #Rajasthan #CulturalHeritage #Biodiversity #JudicialIntervention #EnvironmentalLaw #CommunityRights