Background
- Supreme Court Judgment (Dec 2024, T.N. Godavarman Thirumulpad v. Union of India)
- Recognized the socio-ecological and cultural importance of orans (sacred forests) in Rajasthan.
- Aimed at conserving orans by bringing them under biodiversity laws.
- Intended to harness community participation in protection efforts.
- Orans: Sacred Forests
- Pre-agrarian sacred groves governed by local traditions.
- Each oran is associated with a local deity and has restrictions on tree cutting.
- Ecological benefits: Enhances local fauna, conserves water, and recharges groundwater.
Relevance : GS 3(Environment and Ecology)
Issues with Formalisation
- Declaration as ‘Forests’ under the Forest (Conservation) Act, 1980
- Protection diluted: Exemptions under the Forest (Conservation) Amendment Act, 2023 allow diversion of forest land for zoos, safaris, and ecotourism.
- Local resistance: Communities fear loss of access to orans.
- Declaration as ‘Community Reserves’ under the Wildlife (Protection) Act, 1972
- Local role weakened: Management committees have limited decision-making power.
- State control: Ultimate authority over community reserves lies with the State.
- Declaration as ‘Common Forest Land’ under the Forest Rights Act, 2006
- Eligibility criteria issues: Informal community institutions may not qualify for rights under the Act.
- Risk of exclusion: Some communities may lose governance rights over orans.
Alternative Approach
- Formulating a Comprehensive Policy
- Should empower informal governance models rather than replace them.
- Successful community-led models should be identified, replicated, and strengthened.
- Collaboration between local communities, civil society, and the State.
Conclusion
- Well-intended but problematic: Supreme Court’s directions aim to protect orans but may undermine local governance.
- Better approach: Strengthen existing informal institutions rather than impose formal legal structures that may marginalize local communities.
