Supreme Court ruling protects Rajasthan's sacred groves, recognizes forest rights

By Rajkumar Sinha*
On the 18th of December last year, a division bench of the Supreme Court comprising Justices BR Gavai, SVN Bhatti, and Sandeep Mehta delivered a significant and historic judgment in the case of 'TN Godavarman Thirumalpad v. Union of India' (Writ Petition No. 202/1995). Although this decision pertains to the community-protected 'sacred groves' of Rajasthan, it has far-reaching implications for 'sacred groves' across India and the recognition of forest rights in such groves. The directions given in paragraph 58 of the judgment are specifically related to the 'Forest Rights Act 2006'. This Act recognizes the rights of tribal communities under state laws, the laws of autonomous district or regional councils, and their traditional or customary laws.
This provision ensures respect for the diverse legal and cultural practices of tribal communities in India. The Rajasthan government should identify those traditional communities who have historically protected 'sacred groves' and designate these areas as 'Community Forest Resources' under the 'Forest Rights Act'. These communities have demonstrated a strong cultural and ecological commitment to conservation, and their role as custodians should be formally recognized.
Considering the ecological and cultural significance of these sacred groves, their inclusion under the 'Wildlife Protection Act 1972' has been recommended, and emphasis has been laid on their conservation. According to the 'Forest Rights Act', Gram Sabhas (village councils) and local institutions should be empowered to continue the protection of wildlife, biodiversity, and natural resources. Granting them the authority to regulate use and prevent harmful activities will help preserve their heritage and promote sustainable conservation for future generations.
The 'Forest Rights Act 2006' states that in areas where holders of forest rights reside under this Act, the Gram Sabha and village-level institutions are competent for the following: (a) to protect wildlife, forest, and biodiversity, (b) to ensure that adjoining catchment areas, water sources, and other ecologically sensitive areas are adequately protected, (c) to ensure that the habitat of forest-dwelling Scheduled Tribes and other traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage,1 (d) to ensure that the decisions taken in the Gram Sabha to regulate access to community forest resources and stop any activity that adversely affects the wildlife,2 forest, and biodiversity are complied with.
Referring to the provisions of the 'Forest Rights Act' in the court proceedings, it was stated that the community's right over community forest resources provides them with a legal mechanism to protect traditional cultural sacred groves. Although the court order does not explicitly mention the provisions of the 'Forest Rights Law', directions have been given to the state government and the 'Ministry of Environment, Forest and Climate Change' to jointly establish a mechanism for the survey and mapping of community-protected vegetation and for the 'Ministry of Environment, Forest and Climate Change' to constitute a committee headed by a retired judge of the Rajasthan High Court, in collaboration with the State Forest Department.
According to the court's directives, the provisions of the 'Forest Rights Law' should be used to provide a legal mechanism for the protection of 'sacred groves'. Additionally, the 'Ministry of Environment, Forest and Climate Change' has been recommended to formulate a comprehensive national policy for the operation and management of sacred groves across the country. As part of the policy, it has been asked to develop a nationwide survey plan for the 'sacred groves' of each state that are in a very problematic condition.
In its concluding remarks, the Supreme Court's directions mention that the concerned authorities must comply with the instructions of this decision in letter and spirit. This decision should be seen in the context of the efforts to redress the historical injustice done to forest-dependent communities, as mentioned in the preamble of the 'Forest Rights Law'. This Act grants legal rights over forest land to communities. Through these rights, communities have gained the authority to use, manage, and conserve forest resources. These 'sacred groves' also provide environmental benefits, such as regulating the climate, maintaining water quality, and providing habitat for wildlife.
Community 'sacred groves' are a way of life developed by local communities, based on a cultural and spiritual perspective. They manage their areas in a way that ensures the conservation and sustainable use of nature, along with social, environmental, cultural, and even economic benefits. Community forest management, with area-specific ancestral ties managed by local communities, inherently includes many elements that facilitate self-governance. In this time of climate and biodiversity crisis, this decision will prove to be a milestone.
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Rajkumar Sinha is a senior activist of the 'Bargi Dam Displaced Persons Association'

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