Formulate policy to manage sacred groves, Supreme Court tells Centre

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 told the Union government to create a comprehensive policy for the management of sacred groves across the country.

Sacred groves are patches of trees traditionally protected by local communities for their religious and cultural significance. They also contribute to the conservation of the local biodiversity. These small forests are commonly 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 plea highlighting the vanishing groves of Rajasthan.

Significant move

The court’s suggestion to the Union government to frame a policy is significant as the Centre has usually maintained that the management of wildlife and its habitat is primarily the responsibility of the State governments. The Union had noted that the Wild Life (Protection) Act, 1972 empowered State governments for declaration of any private or community land, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices.

However, the judgment authored by Justice Mehta aligned the preservation of sacred groves with the cultural and traditional rights of entire communities while asking the Ministry of Environment, Forest and Climate Change (MoEF&CC) to spearhead the efforts to protect these precious sources of biodiversity.

The Ministry was asked to develop a plan for a nationwide survey of sacred groves. The court said the survey must identify the area and extent of the groves. The court said the boundaries of the groves have to be clearly marked but left flexible to accommodate future growth of the forests. The court said the Union should provide strict instructions against the reduction of the groves due to various reasons, including denudation and deforestation.

Justice Mehta reminded the Union government that the National Forest Policy of 1988, backed by the apex court’s interventions through the TN Godavarman Thirumulpad batch of cases, encouraged communities with customary rights to protect and improve these forest patches on which they depend for their needs.

Village’s efforts

The judgment narrated the story of the Piplantri village in Rajasthan where barren land was transformed to lush green groves due to the efforts of the local people.

“Piplantri village shows how a community-driven initiative came to effectively address social, ecological and environmental challenges in a cohesive manner,” Justice Mehta underscored.

The villagers plant 111 trees for every girl child born. The trees include neem, sheesham, mango and amla. Justice Mehta said planting indigenous trees in the village had led to sustainable jobs, drastic lowering of female foeticide, increased local income, avenues of education and saw women self-help groups flourish.

“Sacred groves have immense ecological value. They are deeply revered in local cultures in Rajasthan. They urgently require formal recognition… Sacred groves should be identified and protected as community reserves to ensure their preservation against unauthorised land use changes,” Justice Mehta observed.

The court directed the Rajasthan government to carry out a detailed onground mapping and satellite mapping of sacred groves in the State. The State government must identify and classify sacred groves as forests. While doing this, the authorities should not rely on their size or extent of the groves, but focus on their purpose, cultural and ecological significance. These groves would be granted legal protection under the 1972 Act and be declared as community reserves.

The court directed the constitution of a five-member committee preferably headed by a retired Rajasthan High Court judge 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 a senior officer each from Rajasthan’s forest and revenue departments.

The court has also suggested the Rajasthan government to identify and empower traditional communities as custodians under the Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 who have historically protected sacred groves.

“Giving these communities the authority to regulate excess and harmful activities would preserve the legacy of stewardship and promote sustainable conservation for future generations,” Justice Mehta noted.

The court scheduled the case on January 10 to examine the State’s compliance reports as regards the constitution of the panel and conduct of the survey.