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Supreme Court’s Sacred Grove Directive: Cultural vs. Conservation

Syllabus:

GS-3:

Conservation , Government Policies & Interventions

Focus:

On December 18, 2024, the Supreme Court directed Rajasthan’s Forest Department to map and classify sacred groves as forests and community reserves, raising concerns about conflicts with the Forest Rights Act and community governance over sacred lands.

Overview of the Supreme Court Directive on Sacred Groves:

• Date of Order: December 18, 2024
• Directive: The Supreme Court instructed the Forest Department of Rajasthan to map and classify sacred groves.
  • Groves are to be identified based on their cultural and ecological significance to the local community, not their size.
  • These sacred groves are to be classified as ‘forests’ and notified as ‘community reserves’ under the Wildlife Protection Act (WLPA) of 1972.
• Purpose of Classification: The classification aims to bring sacred groves under forest governance for conservation purposes, shifting management from community-based protection to official forest management.
• Implications: This move challenges the provisions of the Forest Rights Act (FRA) of 2006, which recognizes community rights over forests and mandates community governance.

What are Sacred Groves ?

• Definition: Sacred groves are patches of virgin forests, protected by local communities due to cultural and religious beliefs.
• Relic Vegetation: Represent remnants of once dominant vegetation, now preserved as sacred sites.
• UNESCO Recognition: Meghalaya’s Living Root Bridges (Jingkieng Jri) are recognized as a UNESCO World Heritage Site.

Sacred Groves in India

• Prevalence: Over 1 million sacred forests and 100,000 to 150,000 sacred groves are found across India.
• Prominent States: Maharashtra, Karnataka, Kerala, Tamil Nadu, Uttarakhand.

Statutory Provisions

• Wild Life (Protection) Act, 1972: Empowers state governments to declare sacred groves as community reserves.
• National Forest Policy, 1988: Encourages communities to protect and improve sacred forest patches, supported by the Godavarman Case (1996).

Cultural and Ecological Importance

• Cultural Significance: Integral to Hindu beliefs, promoting nature’s reverence and coexistence.
• Conservation Role: Practices like tree worship and hunting bans align with biodiversity conservation.
• Biodiversity: Serve as refuges for diverse flora and fauna, ensuring clean water ecosystems.
• OECMs: Sacred groves are classified as Other Effective Area-Based Conservation Measures (OECMs).

Regional Names of Sacred Groves

• Himachal Pradesh: Devban
• Karnataka: Devarakadu
• Kerala: Kavu
• Madhya Pradesh: Sarna
• Rajasthan: Oran
• Maharashtra: Devrai
• Manipur: Umanglai
• Meghalaya: Law Kyntang/Law Lyngdoh
• Uttarakhand: Devan/Deobhumi
• West Bengal: Gramthan
• Andhra Pradesh: Pavithravana

Notable Example: Piplantri Model

• Initiative: A village initiative to plant 111 trees for every girl child born, started by the sarpanch after the death of her girl child due to environmental damage.
• Achievements: Over 40 lakh trees planted, improving the water table, cooling the climate, and reducing female foeticide.
• Social Impact: Increased female empowerment, local income, and education opportunities.

Historical Context: T.N. Godavarman v. Union of India:

• Supreme Court Ruling in 1996: The case of N. Godavarman v. Union of India significantly expanded the definition of “forest land.”
  • New Definition: ‘Forest land’ now includes any area recorded as forest in government records, regardless of ownership.
  • Impact on Sacred Groves: This interpretation led to sacred groves being classified as ‘deemed forests’, based on tree density and area criteria.
  • Rajasthan’s 2004 Report: The state only recognized groves fulfilling certain criteria as ‘forests’, but the Central Empowered Committee (CEC) disagreed, advocating for a broader understanding of sacred groves.
• Supreme Court’s Order in 2018: The Court directed Rajasthan to implement a broader classification, recognizing the ecological importance of sacred groves and their role as forest lands.
• Recent Developments: In 2024, the Rajasthan government began mapping sacred groves as ‘forest lands,’ but omitted detailed frameworks for their protection in the state’s Forest Policy 2023.

Sacred Groves: Cultural and Ecological Significance:

• Cultural Importance: Sacred groves are traditionally conserved by local communities through deep-rooted customs and taboos.
  • These areas are considered sacred and are tied to the spiritual and cultural identity of the community.
  • Many of these groves prohibit any resource extraction, except for medicinal plants.
• Ecological Importance:
  • Sacred groves serve as biodiversity hotspots, preserving unique flora and fauna.
  • They are often associated with streams, supporting both local ecosystems and community needs.
• Legends and Myths: Many sacred groves are linked to local legends, myths, and beliefs, preserving oral traditions and strengthening the community’s connection to nature.
• Community Benefits:
  • Soil Stabilization: Sacred groves mitigate soil erosion, landslides, and floods.
  • Mental and Physical Well-being: Studies suggest a positive impact on the well-being of communities living near sacred groves.

Community Reserves under the Wildlife Protection Act (WLPA):

• Introduction of Community Reserves: The WLPA 2002 introduced a new category of protected areas called ‘community reserves’ to involve communities in conservation efforts.
  • Definition: A community reserve can be established on community or private land where local people practice cultural conservation.
• Roles and Responsibilities of Local Communities:
  • Community Engagement: The community is responsible for preventing offences (e.g., poaching, fires) and assisting authorities in the protection of wildlife.
  • Management of Reserves: The reserve’s management committee is composed of local community representatives, forest/wildlife department members, and landowners (in case of private land).
  • Honorary Wildlife Warden: The elected chairperson of the committee is designated as the ‘Honorary Wildlife Warden’, responsible for overseeing reserve management.
• Control by the Forest Department: The Chief Wildlife Warden holds ultimate authority over the reserve, including its management plan and resource use decisions.

Conflict Between the Forest Rights Act (FRA) and Forest Department’s Takeover:

• Role of the FRA: The Forest Rights Act (FRA) 2006 recognizes community forest rights, giving gram sabhas (village councils) the authority over forests and forest resources within their traditional boundaries.
  • Customary Forests: Under the FRA, sacred groves are considered community forest resources (CFRs), and gram sabhas are the statutory authorities responsible for their protection and management.
  • CFR Rights: Communities manage these areas by establishing Community Forest Resource Management Committees for the sustainable use and conservation of the groves.
• Clash with Forest Department Control:
  • The Forest Department’s classification of sacred groves as community reserves undermines the community’s traditional control, as these areas are now governed by forest officials rather than local communities.
  • Conflict with FRA Provisions: If sacred groves are notified as community reserves, they will fall under the Forest Department’s jurisdiction, conflicting with the FRA, which allows gram sabhas to exercise governance over such lands.
• Potential Impact on Traditional Governance:
  • The shift in authority from the community to the Forest Department may disrupt traditional management systems, potentially sidelining local knowledge and customary practices.
  • Communities could lose control over the ecological balance and cultural significance of sacred groves, weakening their role in preserving these vital ecosystems.

Conclusion: Navigating the Tension Between Conservation and Community Rights

• Balancing Conservation and Customary Rights: The Supreme Court’s directive to classify sacred groves as community reserves highlights the tension between environmental conservation and community governance.
• Legal and Cultural Implications: The decision to transfer the governance of sacred groves to the Forest Department could lead to legal conflicts and undermine cultural practices that have successfully preserved these ecosystems for centuries.
• Need for Harmonizing Approaches:
  • A cooperative approach is necessary to align the objectives of conservation, community rights, and cultural preservation.
  • This could involve incorporating community involvement in decision-making processes and ensuring that the Forest Rights Act and WLPA coexist harmoniously to protect both biodiversity and local traditions.
• Future Considerations: The Supreme Court’s ruling on sacred groves calls for further dialogue between the Forest Department, communities, and policy-makers to develop sustainable frameworks for the protection and management of these ecologically and culturally important areas.

Source: IE

Mains Practice Question:

Discuss the implications of the Supreme Court’s directive on sacred groves in Rajasthan. How does it conflict with the Forest Rights Act, and what steps can be taken to harmonize conservation efforts with community rights?