A view of a sacred grove in Ernakulam, Kerala. (file) | Photo Credit: Adarsh B Pradeep
In a judgment on Wednesday (December 18, 2024), the Supreme Court asked the central government to formulate a comprehensive policy for the management of sacred groves across the country.
Sacred groves are patches of trees traditionally preserved by local communities for their religious and cultural significance. They also contribute to the conservation of local biodiversity. These small forests are mostly found in Tamil Nadu, Kerala, Karnataka and Maharashtra.
The recommendation by a special bench of Justices BR Gavai, SVN Bhatti and Sandeep Mehta was based on a petition highlighting the disappearing groves of Rajasthan.
Important move
The court’s suggestion to the central government in formulating policy is significant as the Center has generally maintained that the management of wildlife and its habitat is primarily the responsibility of the state governments. The Union noted that the Wildlife (Conservation) Act, 1972 empowered state governments to declare any private or community land as a community reserve, for the protection of fauna, flora and traditional or cultural conservation values and practices.
However, the judgment penned by Justice Mehta aligned the protection of sacred groves with the cultural and traditional rights of the entire community and asked the Ministry of Environment, Forests and Climate Change (MoEF&CC) to lead efforts to protect these valuable sources of biodiversity.
The ministry was asked to plan a nationwide survey of holy springs. The court said that the survey should identify the area and extent of the garden. The court said that the boundaries of the groves should be clearly marked but left flexible to accommodate the future growth of the forest. The court said that the association should give strict instructions to prevent the decline of groves due to various reasons including destruction and deforestation.
Justice Mehta reminded the central government that the National Forest Policy of 1988, supported by the Supreme Court’s intervention through a series of TN Godavarman Thirumulpad cases, encouraged communities with traditional rights to protect and improve these forest patches on which they depend for their needs.
village effort
Faisal tells the story of Piplantri village in Rajasthan where barren land was transformed into greenery through the efforts of the local people.
“Pipalantri village shows how community-driven initiatives have come to effectively address social, ecological and environmental challenges,” asserted Justice Mehta.
Villagers plant 111 trees for every girl child born. Trees include neem, sheesham, mango and amla. Justice Mehta observed that the planting of indigenous trees in villages has led to sustainable employment, a sharp reduction in female feticide, an increase in local income, educational opportunities and the flourishing of women’s self-help groups.
“Sacred groves have immense ecological value. They are deeply respected in the local cultures of Rajasthan. They urgently need formal recognition… Sacred groves should be identified and protected as community reserves to ensure their protection against unauthorized land use changes,” Justice Mehta observed.
The court directed the Rajasthan government to carry out detailed underground mapping and satellite mapping of sacred groves in the state. The state government should recognize and classify sacred springs as forests. In doing so, authorities should not rely on the size or extent of groves, but rather on their purpose, cultural and ecological significance. These groves will be given legal protection under the 1972 Act and will be declared community reserves.
The court directed the formation of a five-member committee headed by a retired judge of the Rajasthan High Court to supervise the mapping and identification exercise. Other members of the panel may include a domain expert, preferably the Chief Conservator of Forests, a senior MoEF&CC officer and each senior officer of the Forest and Revenue Departments of Rajasthan.
The court also suggested the Rajasthan government to recognize and empower traditional communities as custodians under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, which has historically protected sacred groves.
“Empowering these communities to regulate excess and harmful activities will preserve the legacy of stewardship and promote sustainable conservation for future generations,” Justice Mehta observed.
The court fixed the case on January 10 to examine the state’s compliance reports regarding the constitution of the panel and the conduct of the survey.
published – December 18, 2024 at 01:35 pm IST