Local community participation is integral to biodiversity conservation and should be legally recognized and encouraged.

Case Citation

Court Name: Supreme Court of India
Case Title: T.N. Godavarman Thirumulpad v. Union of India & Others
Case No.: IA No(s). 41723 of 2022 in Writ Petition (Civil) No(s). 202 of 1995
Date of Judgment: December 18, 2024
Judges: Hon’ble Mr. Justice B.R. Gavai, Hon’ble Mr. Justice S.V.N. Bhatti, and Hon’ble Mr. Justice Sandeep Mehta

Facts of the Case

The case concerns the protection and preservation of sacred groves, referred to as “Orans,” in the state of Rajasthan. These sacred groves are ecologically and culturally significant areas revered by local communities for their biodiversity and religious value. Despite their importance, these groves face threats from deforestation, urbanization, and neglect. Previous orders of the Supreme Court mandated their identification and recognition as forests under the Forest Conservation Act, 1980. However, concerns were raised about the slow progress of implementation, leading to this interlocutory application seeking immediate action.

Contentions of the Appellant

The applicant highlighted the lack of substantial progress by the State of Rajasthan in identifying and protecting sacred groves. Key concerns included incomplete surveys, delays in issuing notifications, and inadequate involvement of local communities. The applicant also pointed out the inconsistencies in the Rajasthan Forest Policy, 2023, which diluted the protections afforded to Orans in the 2010 policy.

Contentions of the Respondent

The State of Rajasthan submitted that steps had been initiated to identify and notify sacred groves as deemed forests. Draft notifications were issued, public objections were invited, and an expert committee was constituted. However, delays were attributed to procedural challenges and the implementation of the Model Code of Conduct during elections.

Issues

1. Whether the sacred groves/Orans should be recognized as forests irrespective of size under the Forest Conservation Act, 1980?
2. Whether the Rajasthan Forest Policy, 2023, provides sufficient protection for sacred groves?
3. Whether the State of Rajasthan has complied with the directions of the Supreme Court to identify and notify sacred groves as forests?
4. Whether local communities should be actively involved in the protection and management of sacred groves?

Observations/Findings by the Supreme Court

1. Sacred groves are ecologically significant areas that deserve recognition as forests under the Forest Conservation Act, 1980.
2. The Rajasthan Forest Policy, 2023, does not provide focused protection for sacred groves compared to the 2010 policy.
3. Local communities play a critical role in conserving sacred groves, and their involvement is essential for sustainable management.
4. The Court emphasized the need for time-bound action to complete the survey and notification of sacred groves.

Principles Laid Down

1. Sacred groves, irrespective of size, must be treated as forests due to their cultural and ecological significance.
2. Local community participation is integral to biodiversity conservation and should be legally recognized and encouraged.
3. Policies protecting sacred groves should be comprehensive and enforceable, aligning with international and national commitments to environmental protection.

Final Order

The Supreme Court directed the State of Rajasthan to:

• Complete the identification, survey, and notification of sacred groves as forests in a time-bound manner.
• Consider declaring sacred groves as community reserves under the Wildlife Protection Act, 1972.
• Form a high-level committee to monitor compliance with these directions and ensure active involvement of local communities.
  The matter was scheduled for compliance reporting on January 10, 2025.

Importance of the Judgment to Society

This judgment reinforces the importance of integrating cultural heritage with ecological conservation. It underscores the role of local communities in managing biodiversity and sets a precedent for recognizing traditional knowledge in forest management. By protecting sacred groves, the judgment addresses broader concerns of climate resilience, water conservation, and sustainable development in arid regions, making it a landmark decision for environmental jurisprudence.