Published on: February 6, 2025
SC DIRECTIVE ON SACRED GROVES
SC DIRECTIVE ON SACRED GROVES
- Background:
- T.N. Godavarman v. Union of India: Defined “forest land” broadly, including areas recorded as forests in government records.
- Rajasthan Case: Supreme Court directed Rajasthan to map and notify all sacred groves as ‘forest land’ and ‘community reserves’ under the Wildlife Protection Act (WLPA) 1972.
- Implications of the Order:
- Transfer of Control: Shifts management of sacred groves from community control (as envisioned by the Forest Rights Act – FRA 2006) to the Forest Department.
- Conflict with FRA:
- FRA recognizes community rights over forest lands, including sacred groves.
- WLPA-based community reserves place management under the Forest Department, potentially conflicting with community rights.
- Traditional Conservation of Sacred Groves:
- Community-led: Managed by local communities through customary laws, taboos, and beliefs.
- Cultural Significance: Linked to religious and cultural practices, often with strict prohibitions on resource extraction.
- Ecological Benefits:
- Biodiversity hotspots.
- Sources of medicinal plants.
- Protection against erosion and natural disasters.
- Community Reserves under WLPA:
- Management:
- Controlled by the Forest Department.
- Community Reserve Management Committees established, with limited community representation.
- Restrictions:
- Prohibitions on activities like damaging boundaries, harming wildlife, and altering land use.
- Management:
- Key Concerns:
- Erosion of Community Rights: Potential for the Forest Department to override traditional community management practices.
- Conflict with FRA: The order may undermine the FRA’s intent to empower communities in forest management.
- Need for a Balanced Approach: A solution that balances the need for conservation with the recognition of community rights and traditional knowledge is crucial.