Context : The Supreme Court’s December 18, 2024 directive mandates the Rajasthan Forest Department to map and classify sacred groves as ‘forests’ and ‘community reserves’ under the Wildlife Protection Act, shifting control from community-based management to government oversight, conflicting with the Forest Rights Act.
Relevance : GS 3(Environment and Ecology)
December 18, 2024 SC Order:
- Mapping and Classification: The Rajasthan Forest Department is mandated to map sacred groves, both on the ground and through satellite, regardless of size, based on their ecological and cultural importance to local communities.
- Transfer to Forest Department: Sacred groves will be classified as ‘forests’ and designated as ‘community reserves’ under the Wildlife Protection Act (WLPA) 1972. This move shifts the management from community-driven conservation to Forest Department oversight.
Implications of the Order:
- Control Shift: The order transfers sacred groves from traditional community management to government control, disrupting the grassroots conservation models that have existed for centuries.
- Conflict with Forest Rights Act (FRA) 2006: The move undermines the FRA, which grants communities the rights to manage forest resources, including sacred groves. The FRA designates communities as statutory authorities for conservation, contrasting with the centralization envisioned by the SC order.
T.N. Godavarman Case (1997):
- Definition of ‘Forest Land’: The case expanded the definition of ‘forest land’ to include not just forested areas but any land recorded as a forest, irrespective of ownership. This laid the groundwork for classifying sacred groves as forest land, leading to their inclusion under WLPA.
- Impact on Sacred Groves: The order places sacred groves under the same category as other forests, potentially altering how these groves are managed and conserved.
Traditional Community Conservation:
- Cultural and Ecological Significance: Sacred groves are traditionally managed by communities, governed by customary laws and taboos, preserving biodiversity and natural resources.
- Conservation Practices: Communities maintain sacred groves as sacred spaces, with limited or no resource extraction, ensuring their long-term preservation. These groves play an integral role in ecological health, serving as biodiversity hotspots, flood and soil erosion buffers, and sources of medicinal plants.
Sacred Groves in India:
- India is home to 1-10 lakh sacred groves, the highest concentration globally. These groves have different regional names and serve as cultural hubs, often linked to temples, shrines, and burial grounds, alongside being vital ecological sites.
Community Reserves under WLPA 2002:
- Legal Framework: The WLPA introduced the concept of community reserves, areas of community or private land voluntarily protected by locals. These areas are managed by a reserve committee, often including local representatives, with strict penalties for violations.
- Management Changes: The SC’s directive requires the establishment of a management committee to oversee conservation efforts in sacred groves, adding a layer of bureaucratic control.
Potential Clashes with FRA:
- FRA’s Role: Sacred groves, if classified under FRA, would fall under ‘community forest resources’, empowering local communities to protect and manage these areas according to their customs and needs.
- Conflict with Forest Department Control: Under FRA, community forest resources are managed by gram sabhas (village councils), but the SC’s directive places sacred groves under the control of the Forest Department, potentially eroding the traditional rights and governance systems.
Concerns Over Customary Rights:
- Sacred groves are deeply embedded in local culture and governance, with communities having historical and spiritual ties to them. The shift to Forest Department management could threaten these traditions and diminish the community’s role in forest conservation.
