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.
  • 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.