In Re : T.N. Godavarman Thirumulpad vs Union Of India

2024 INSC 997 REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

IA NO(S). 41723 OF 2022 IN WRIT PETITION(CIVIL) NO(S). 202 OF 1995

IN RE: T.N. GODAVARMAN THIRUMULPAD .…PETITIONER(S)

VERSUS

UNION OF INDIA & ORS. ….RESPONDENT(S)

IN RE:

AMAN SINGH .…APPLICANT(S)

JUDGMENT

Mehta, J.

“प्रकृत िं पुरुषिं चैव तवद्ध्यनादी उभावतप।

तवकारािं श्च गुणािं श्चैव तवद्धि प्रकृत सम्भवान्।।“

- Bhagwat Gita (Chapter 13, Verse 20) Signature Not Verified

[Translation: Nature is the source of all material things: the maker, Digitally signed by NARENDRA PRASAD Date: 2024.12.18

the means of making, and the things made. Spirit is the source of all 12:51:31 IST Reason:

consciousness which feels pleasure and feels pain.]

1 INDEX I. INTRODUCTION ................................................................... 2 II. ORANS OF RAJASTHAN ...................................................... 5 III. BACKGROUND ................................................................ 10 IV. SUBMISSION ON BEHALF OF AMICUS CURIAE ............ 16 (I) COMMUNITY RIGHTS AND INVOLVEMENT .................................. 18 (II) CONSERVATION GOALS ......................................................... 21 (III) INTERNATIONAL LAW......................................................... 22 V. SUBMISSIONS ON BEHALF OF THE STATE OF RAJASTHAN ............................................................................ 25 VI. DISCUSSION ................................................................... 27 (I) STATUTORY FRAMEWORK ..................................................... 29 (II) ECOLOGICAL AND CULTURAL SIGNIFICANCE ............................. 36 (III) RAJASTHAN'S POLICY FRAMEWORK AND CEC RECOMMENDATIONS 38 VII. DIRECTIONS ................................................................... 42 VIII. SUGGESTIONS ................................................................ 46 IX. CONCLUSION .................................................................. 49

I. INTRODUCTION

1. India is home to thousands of community-protected forests

known as ‘Sacred groves’. These areas are patches of forest

or clusters of trees that hold deep cultural or spiritual

significance for the local communities that protect and

sustain them.

2 2. As defined by Collins Dictionary, the term "sacred" describes

‘something that is sacred is believed to be holy and to have a

special connection with God’, while "grove" refers to a ‘group

of trees that are close together’. Sacred groves, therefore,

symbolize a harmonious blend of natural and spiritual

elements, embodying both ecological and cultural value.

3. Sacred groves are conserved by the local residents for a

variety of reasons, ranging from belief in a forest deity to the

protection of a spring or as sacred space where ancestors are

buried1. The size of sacred groves ranges from very small plots

of less than 1 hectare to larger tracts of land of several

hundred hectares2. In some cases, these fragments of sacred

groves represent the sole remaining natural forests outside of

protected areas and, therefore making them some of the last

locations with potential for the conservation of flora and

fauna.

4. Sacred groves, like Living Root Bridges of Meghalaya (a

UNESCO recognised World Heritage Site), locally recognized

1 Lebbie &Freudenberger 1996; Chandan & Hughes 1997; Malhotra et al. 2007; Sheridan &

Nayamweru 2008; Ormsby & Edelman 2010; Ormsby 2012 2 Ntiamoa-Baidu 1995; Malhotra et al. 2007

3 as Jingkieng Jri, show the deep connection between people

and nature. The Living Root Bridges, built by the Khasi tribes,

are an incredible example of traditional knowledge, where

Ficus trees are carefully grown to form strong, living

structures. These bridges provide essential pathways in one

of the rainiest places on the earth and carry cultural and

ecological importance. Over generations, they have adapted

to harsh weather, demonstrating a sustainable way of living

in harmony with nature. Similarly, sacred groves across India

reflect ancient traditions of forest conservation, where nature

is respected and protected, helping preserve biodiversity and

ecological balance.

5. India has the highest concentration of sacred groves in the

world (estimated to be over 100,000 sacred groves3), however,

these groves are rapidly vanishing due to the increasing

demand for timber, urban expansion, deforestation for

agriculture, and the pressure to extract natural resources.

The sacred groves are known by diverse names across

different regions: Devban in Himachal Pradesh, Devarakadu

in Karnataka, Kavu in Kerala, Sarna in Madhya Pradesh,

3 K.C. Malhotra, Y. Gokhale, S. Chatterjee, and S. Srivastava, SACRED GROVES IN INDIA,

Aryan Books International (New Delhi, 2007)

4 Oran in Rajasthan, Devrai in Maharashtra, Umanglai in

Manipur, Law Kyntang/Law Lyngdoh in Meghalaya,

Devan/Deobhumi in Uttarakhand, Gramthan in West Bengal,

and Pavithravana in Andhra Pradesh.

6. The present Interlocutory application concerns the protection

of the sacred groves/Orans of the Rajasthan. We will briefly

discuss them.

II. ORANS OF RAJASTHAN

7. The State of Rajasthan is vertically divided in two parts north

to south, by the Aravali hills. To the west of the Aravali is the

Thar desert. There are about 25,000 Orans in Rajasthan

covering an area of about 6,00,000 hectares. About 1100

major Oran’s spread out in an area of more than 1,00,000

hectares in Rajasthan provide livelihood to the rural

population of the State. Species that are primarily found in

most of the Orans are Prosopis cineraria, Zizyphus mauritiana

and Salvadora sp., Zizyphus sp., Caparris aphylla and

Calotropis procera.

8. In Rajasthan, sacred groves are known under various names

i.e. oran, deora, malvan, deorai, rakhat bani, deo ghats

5 (sacred corridors),mandir van (temple forests), and baugh

(sacred gardens). The word ‘Oran’ is a derivative of the

Sanskrit word ‘Aranya/अरण्य’ meaning the ‘undisturbed

forest’. Their existence can be traced back to the pre-agrarian

hunter-gatherer phase of human civilisation4. In Rajasthan,

‘Orans’ vary in size depending on their specific religious

significance to a particular community. They serve as a

reserve for grazing, forest products, water infiltration, and as

a coping mechanism for climate change in arid regions. There

are nearly 25,000 identified Orans in Rajasthan covering

approximately 6,00,000 hectares of which 5,37,000 hectares

are located in the western Thar region5.

9. Orans are related to religious practices followed since time

immemorial and serve to conserve natural resources. People

do not harm sacred groves mainly because of socio-religious

traditions, believing that anyone who cuts or uses an axe in

a sacred grove may be harmed by the presiding deity. In

sacred groves, different idols like Majisa, Jamboji, Jog Maya,

Bhomiaji, Pabuji, Harbuji, Ramdeoji, Mamaji are positioned in

4 Kosambi, 1962, SACRED GROVES IN INDIA, Aryan Books International (New Delhi, 2007) 5 Singh, 2011, 2014, SACRED GROVES IN INDIA, Aryan Books International (New Delhi,

2007)

6 the shade of green trees. These religious and cultural

practices ensure that the ecosystem is maintained and

prevent the deforestation/desertification process. Orans also

provide vital grazing land for livestock, water, minor forest

produce, medicinal plants, and green cover in the rural areas.

10. Each Oran has its own set of established customs to ensure

the protection of its specific combination of resources. These

vary from completely banning the collection of any materials

from the forest floor to only prohibiting the felling of

particular species of trees6. At the heart of every Oran is a

deity, whose domain has been at some point in time marked

out by a ritual.

11. Orans are usually managed under a mixture of open access

(i.e. no effective owners or secured rights) and loosely defined

common property regimes. Orans are situated in dry

environments across western India. The desert ecosystem,

particularly in western Rajasthan, is very rich in livestock;

hence, Orans provide means of livelihood/social security to

the rural populace and also play an important role in

promoting a flourishing livestock-based economy. This

6 Malhotra, 2001, SACRED GROVES IN INDIA, Aryan Books International (New Delhi, 2007)

7 makes them important natural resources which have the

capability to regenerate and proliferate. Here, Orans protect

springs and aquifers, and host centuries-old water resources

most of which are small springs or rivulets, a variety of ponds

and Baoris, which are used year-round for drinking water

and irrigation purposes. Gopal Das ki Devbani has a very old

and architecturally ornate ‘Oran talab’. Jugrawar ki Rundh

Bani, Gujjawas ki Bani, Bherunath ji ki bani, and several other

Orans likewise have large ponds that serve as water

harvesting structures for the catchment area and are usually

located to collect maximum run-off rainwater and serve the

important purpose of providing water for irrigation and

drinking.

12. The Orans found around Jodhpur, Nagaur, Churu, and

Bikaner are replete with khejri trees (Prosopis spicigera), deer,

blackbuck, and nilgai, which are sacred to the Bishnoi

community of Rajasthan. In the year 1730, in the village of

Khejadli in Jodhpur district, 363 Bishnoi women gave up

their lives to protect the Khejri trees, giving rise to the Chipko

or “Hug a Tree” movement. Mata Karni Devi Temple at

Deshnoke village near Bikaner, wherein rodents are regarded

8 as reincarnations of the goddess’s devotees has been

documented by international media houses like Discovery

and National Geographic channels. The area of 2,100

hectares near the Mata Karni Devi temple is also regarded as

sacred by the community. Thousands of jhadberis(shrubs

bearing berries) dot the area where cattle of the nearby

villages graze freely. The practices like hunting of animals,

cutting of trees and even beating a bush to collect the berries

are prohibited by Karni Mata Trust, which manages the Oran.

Only the wood for the purpose of cremation can be sourced

from the Oran. Important Orans in Sirohi, a semi-desert

district in Rajasthan, include ‘Pichheshwar Mahadeo’ near

Pindwara, ‘Voreshwar Mahadeo’ near Pindwara, ‘Voresh

Mahadeo’ in Sheoganj, ‘Sarneshwar Mahadeo’ near Sirohi,

‘Mochal Mataji’ in Sheoganj, ‘Baleshwari Mataji Oran’ in

Pesua village and ‘Varada Hanuman ji’ which supports old

Prosopis cineraria trees.

13. In toto, the sacred groves/Orans in Rajasthan play a very

crucial role in conserving biodiversity, sustaining livelihoods,

protecting water resources, and preserving the cultural and

ecological balance in Rajasthan's arid and semi-arid regions.

9

III. BACKGROUND

14. This Court, in its judgment dated 12.12.1996 in T.N.

Godavarman Thirumalpad v. Union of India and Others7,

held that the Forest Conservation Act, 19808 is applicable to

all forests, irrespective of their classification, and directed

State Governments to identify forests through expert

committees. In compliance with these directions, the State of

Rajasthan constituted the State Level Expert Committee9,

which submitted its report dated 15.04.2004. The Kapoor

Committee identified sacred groves, such as Orans, Bundhs,

and Dev-vans, for classification as ‘forests.’ It recommended

that 'deemed forests' would be “a compact of area of minimum

5 hectares and where naturally growing minimum 200 trees

per ha. exist.”.

15. Subsequently, numerous interlocutory applications were

filed including, I.A. No. 1254 in W.P. No. 202 of 1995 praying

that sacred groves in the State of Rajasthan be classified as

‘deemed forests’. The matter was then referred to the Central

7 (1997) 2 SCC 267 8 Hereinafter being referred to as the ‘FC Act’ 9 Hereinafter being referred to as the ‘Kapoor Committee’

10 Empowered Committee10 which in its report dated

01.06.2005, found that the Kapoor Committee's criteria was

inconsistent with this Court's orders and recommended

classifying sacred groves as 'forests,' save for small,

fragmented areas that are difficult to manage, which may be

excluded under the FC Act.

16. Pursuant thereto, the State of Rajasthan had published the

Rajasthan State Forest Policy, 2010, where the guidelines

were laid down for Orans/Dev-vans.

17. By order dated 03.07.2018, in I.A. No. 1254, this Court

directed the State of Rajasthan to implement the

recommendations of the CEC expeditiously, in letter and

spirit. The relevant part of the order dated 03.07.2018 is

extracted below for the sake of ready reference:

“The State of Rajasthan has accepted Recommendation Nos. (i) and (iii) given by the CEC which read as follows:

(i) In respect of sacred groves such as Orans, De-vans etc. the Kapoor Committee has included only those areas in the category of 'forest' which also fulfill the criteria laid down for deemed forest i.e. having more than 200 trees per ha. A compact block of 5 ha. Or more. The remaining areas have been left out though they are recorded as Orans, De-vans etc. in government records. Traditionally Orans; Dev-vans and other sacred groves, irrespective of their size, have been treated as forest land in Rajasthan. This was also confirmed by the State of Rajasthan during the

10 Hereinafter being referred to as the ‘CEC’

11 hearing held before the CEC. In view of above the CEC is of the view that exclusion of such areas from the category of 'areas recorded as forest in government records' on the ground that they do not fulfill the criteria of 'deemed forest' will be inconsistent with the orders of this Hon'ble Court and therefore, needs to include as 'forest land'. However, in case some of these small fragmented areas, which are difficult to manage have to be excluded from the purview of the FC Act, 1980 the same may be done after following the procedure as laid down under the Act.

(iii)In Rajasthan large areas are arid areas which support scanty vegetation, grass lands or eco-systems, which have few large trees. Many of these areas represent various forms of climate eco-system such as grass, land, rocky outcrops, stony desert etc. which need to be treated as 'forest land'. If Hon'ble Supreme Court deems it fit the State of Rajasthan would constitute an Expert Committee consisting of representative of the Forest Department, Arid Zone Forestry Research Institute (AFRI), Central Arid Zone Research Institute (CAZRI) and representatives of various departments and expert bodies to identify areas which are representative of various types of desert eco-systems. Such areas may also be included in the category of 'deemed forest' irrespective of the vegetation supported by such areas. The Committee may adopt a rational criteria for this purpose and finalize its report within a period of six months.

In respect of Recommendation No. (ii), it is stated that the provisions of Forest Conservation Act, 1980 did not apply to any Forest Land diverted prior to date of its enactment i.e. 25.10.1980 and thus it is not necessary to get such areas diverted from the purview of the Forest Conservation Act after following due process. It is therefore prayed that the Kapoor Committee Report may be accepted with the said modification. We find no substance in this submission. The lands that have already been diverted prior to the date of its enactment i.e. 25.10.1980 need to be clearly identified, surveyed, demarcated and diverted in accordance with law. We find no error in the recommendations made by the CEC nor do we find anything to set aside the recommendations made by the CEC. Recommendation No. (ii) of the CEC is also accepted which reads as follows:

(ii) The inclusion of areas recorded as 'Rundh' as 'forest' by the Kapoor Committee is appropriate and, therefore, may be accepted. However, a large chunk of such

12 areas have been put under agriculture and other non forestry purpose prior to enactment of the FC Act i.e. 25.10.1980 and are being used for non-forestry purposes for last many decades. It may, therefore, be desirable that all such areas, diverted/used for non-

forestry purposes prior to 25.10.1980 are identified and area deleted from the purview of the FC Act after following due process of law. These areas will have to be surveyed and demarcated in a time bound manner. For deletions of such areas from the purview of FC Act the MoEF may consider waiving the condition of compensatory afforestation. The payment of Net Present Value (NPV) may also not be insisted upon I such cases.

The I.As. stand disposed of.

We expect the State of Rajasthan to comply with the aforesaid three recommendations expeditiously in letter and spirit.”

18. Subsequently, the applicant filed I.A. No. 41723 of 2022 in

W.P. No. 202 of 1995, seeking directions to the State of

Rajasthan to take steps in accordance with the mandate of

this Court’s order dated 03.07.2018, for identification,

survey, and demarcation of sacred groves such as Orans,

Dev-vans, Rundhs, etc. as ‘forest lands’ to be included under

the purview of the FC Act, and additionally to declare the 100

Orans identified in the publication ‘Oran Atlas of Rajasthan’

as ‘forest lands’.

19. The State of Rajasthan in pursuance to the order dated

03.07.2018 filed an affidavit dated 13th Feb, 2024 and

responded as below:

13

(i) Numerous Rundhs have already been documented as

forests, and the process of identifying and classifying

additional areas is ongoing.

(ii) To protect Rundhs and other ecologically sensitive areas in

Alwar district, the Ministry of Environment and Forests,

Government of India, issued the ‘Aravali Notification’ in

1992. This notification imposes restrictions on activities

that contribute to environmental degradation in the

region.

(iii) The Deputy Conservator of Forests has identified several

sacred groves, and the Rajasthan Forest Department has

issued a notification expressing its intent to classify these

areas as ‘deemed forests’. Public objections to this

proposal were invited through a newspaper publication.

Once these objections are reviewed and the list is finalized,

it will be submitted to the State Government for issuing

the final notification.

20. The applicant in I.A. No. 41723 of 2022, through the rejoinder

statement, submitted that the affidavit filed by the State of

Rajasthan is incomplete, vague, and superficial as no

concrete steps with respect to the identification of the Dev-

14 vans/Orans have been taken. The applicant pointed out the

following inconsistencies in the affidavit filed by the State of

Rajasthan:

(i) The State has not complied with recommendation (iii),

which required the constitution of an expert committee to

identify various desert ecosystems for inclusion in the

category of ‘deemed forests’.

(ii) While the State has documented several Rundhs as forests,

some, such as those listed at Sl. Nos. 37 and 38(in the list

submitted by the State of Rajasthan), appear to have been

allotted or de-notified. Additionally, notes on the village

displacement activities in certain Rundhs raise questions

about their status as forests.

(iii) The State's district-wise list of Orans to be declared as

‘deemed forests’ is incomplete, covering only approximately

5,000 Orans out of the estimated 25,000. A complete

district-wise list is essential before final notification,

especially as many Orans are located in the ecologically

sensitive Thar Desert.

(iv) The Rajasthan Forest Policy, 2023, lacks provisions

defining the roles, responsibilities, and rights of local

15 communities in conserving Orans, Dev-vans, and Rundhs.

These communities have historically safeguarded sacred

groves and ought to be actively involved in identification

and conservation efforts to ensure sustainable practices

that align with local biodiversity.

(v) The State's claim that ‘Shree Degray Mataji’ Oran in

Jaisalmer is officially listed and recorded in revenue

records is vague and lacks supporting documentation.

Clarification is needed on whether it is recorded as

‘Forest/Deemed Forest’ or ‘Gair Mumkin Oran’, considering

that the area is critical for the protection of the endangered

Great Indian Bustard.

IV. SUBMISSION ON BEHALF OF AMICUS CURIAE

21. Shri K. Parameshwar, learned Amicus Curiae submitted that

sacred groves are vital for linking culture with biodiversity

conservation, rooted in the belief that humans are part of a

broader ecological community. Protected through practices of

veneration and restraint, they embody a grassroot

conservation model that integrates cultural traditions with

ecological restoration. These groves play a key role in in situ

biodiversity preservation, sustaining pristine habitats, 16 endangered species like the Indian gazelle and blackbuck,

and keystone species such as the culturally significant

khejari tree and the Rohida Tree (Tecomella undulata) also

known as the teak of the Thar Desert. They combat soil

erosion, recharge aquifers, safeguard genetic diversity, and

rely on community-led management for their protection.

22. It was submitted that the Rajasthan Forest Policy, 2023, has

regressed by omitting the specific obligations related to

sacred groves and their recognition as 'forests’. In contrast,

the Rajasthan State Forest Policy, 2010, provided a detailed

framework for the protection of sacred groves (Orans/Dev-

vans), emphasizing their ecological and cultural significance.

The Rajasthan State Forest Policy, 2010, made the following

provisions in respect of the protection of sacred groves:

“5.10 Orans/Dev-vans 5.10.1 Orans/Dev-vans are islands of good forests and repositories of rich biodiversity. These orans/ dev-vans are an excellent example of religious faith in conservation. Efforts will be made to provide necessary financial and legal support in consonance with local religious ethos of the local community. 5.10.2. District-wise inventory and database will be prepared for all such areas with the support of local NGOs and religious trusts. However, these areas will be demarcated on the ground as well as on cadastral maps on priority. 5.10.3 For management of these orans/ dev-vans, a committee of local people and trustees of the temple can be constituted to protect these areas."

17 23. The Rajasthan Forest Policy, 2023, generalizes the

commitment by stating:

“6.1.3 Actively take up protection, conservation and plantation on community lands like Gochar, Oran, Charagah, etc.”

24. This paradigm shift in the Rajasthan Forest Policy, 2023

dilutes the focused protections previously afforded to sacred

groves, relegating them to a broader category of community

lands.

(i) COMMUNITY RIGHTS AND INVOLVEMENT

25. It was submitted that ‘community forest resource’ is defined

under Section 2(a) of the Scheduled Tribes and Other

Traditional Forest Dwellers (Recognition of Forest Rights) Act,

200611 as “customary common forest land within the

traditional or customary boundaries of the village or seasonal

use of landscape in the case of pastoral communities, including

reserved forests, protected forests and protected areas such as

Sanctuaries and National Parks to which the community had

traditional access.” Under the Forest Rights Act, Section

3(1)(i) recognizes the rights of forest-dwelling communities to

11 Hereinafter being referred to as ‘Forest Rights Act’.

18 protect, regenerate or conserve, or manage any community

forest resource which they have been traditionally protecting

and conserving for sustainable use. Section 5(a) empowers

these communities to protect wildlife, forests, and

biodiversity, ensuring the preservation of their natural

habitat. Additionally, Section 5(c) mandates the prevention of

activities that harm their cultural and natural heritage.

Together, these provisions safeguard the rights of forest

communities while promoting sustainable forest

management and the conservation of biodiversity.

26. Learned Amicus Curiae drew the Court's attention to the

following observations of this Court in the case of Orissa

Mining Corporation Limited v. Ministry of Environment

& Forest & Others12:

“55. The definition clauses read with the abovementioned provisions give emphasis to customary rights, rights to collect, use and dispose of minor forest produce, community rights like grazing cattle, community tenure of habitat and habitation for primitive tribal groups, traditional rights customarily enjoyed, etc. Legislative intention is, therefore, clear that the Act intends to protect custom, usage, forms, practices and ceremonies which are appropriate to the traditional practices of forest dwellers.”

12 (2013) 6 SCC 476

19

27. He further submitted that Section 36-C of the Wildlife

Protection Act, 1972, recognizes 'community reserves.' This

provision highlights the connection between protecting

biodiversity and preserving cultural values and practices. It

allows the State Government to declare private or community

lands as community reserves, provided the community or

individuals voluntarily agree to protect wildlife and its

habitat. Once declared, these lands are protected, and no

changes can be made in the land use unless approved by the

community's management committee and the State

Government. This ensures both ecological and cultural

conservation. Therefore, wherever possible, these lands may

be recognised and managed as ‘community reserves’ under

the Wildlife Protection Act, 1972.

28. It was further submitted that Section 36(5) of the Biological

Diversity Act, 2002 imposes an obligation on the Central

Government to “endeavour to respect and protect the

knowledge of local people relating to biological diversity” and

Section 36B(1) imposes an obligation on the State

Government to develop strategies for the conservation of

biological diversity:

20

“36-B. State Government to develop strategies and plans for conservation and sustainable use of biological diversity.—(1) The State Government shall develop strategies, plans, programmes for the conservation and promotion and sustainable use of biological diversity, including measures for identification and monitoring of areas rich in biological resources, promotion of in situ, and ex situ, conservation of biological resources, including cultivars, folk varieties and landraces, incentives for research, training and public education to increase awareness with respect to biodiversity, in conformity with the national strategies, plans and programmes.

(2) The State Government shall, as far as practicable, wherever it deems appropriate, integrate the conservation, promotion and sustainable use of biological diversity into relevant sectoral policies or cross-sectoral plans and programmes.]”

(ii) CONSERVATION GOALS

29. Learned Amicus Curiae placed reliance upon T.N.

Godavarman(87) v. Union of India13, and submitted that

this Court in Para 72 recognised that the National Forest

Policy, 1988, has a statutory flavour. It provides for the

identification of protected areas, recognition of customary

rights over the forest areas, forest conservation with the

involvement of the local community, and the need for regular

surveys of forest resources. Similarly, the ‘National Action

Plan’ was also recognised as having statutory flavour in

Centre for Environment Law, World Wide Fund v. Union

13 (2006) 1 SCC 1

21 of India14, The National Wildlife Action Plan, 201715

recognises the need to enhance the protected area

network(broadly including national parks, wildlife

sanctuaries, community reserves, etc), demarcate

boundaries for protected areas, and involve local

communities in the protection and sustainable management

of protected areas. The NWAP highlights the need for wildlife

conservation beyond protected areas, focusing on larger

landscapes shaped by diverse land uses and human

activities. It also emphasises in situ conservation of

threatened species through immediate protection of critical

habitats.

(iii) INTERNATIONAL LAW

30. Learned Amicus Curiae submitted that India has been a

signatory to the Convention on Biological Diversity, 1992,

since 18.02.1994. Article 8, which pertains to in situ

conservation, imposes an obligation on contracting parties to

preserve and maintain the practices of indigenous

communities and Article 10(c) provides that contracting

14 (2013) 8 SCC 234 15 Hereinafter being referred to as ‘NWAP’

22 parties shall, as far as possible, and as appropriate, protect

and encourage customary use of biological resources in

accordance with traditional cultural practices.

31. It was further submitted that the United Nations Declaration

on the Rights of Indigenous Peoples (UNDRIP), which India

endorsed at the General Assembly on 13.09.2007, recognizes

several key rights of indigenous people. Article 5 of this

declaration affirms their right to “maintain and strengthen

their distinct political, legal, economic, social and cultural

institutions, while retaining their right to participate fully, if

they so choose, in the political, economic, social and cultural

life of the State.” Article 12 ensures their “right to maintain,

protect, and have access in privacy to their religious and

cultural sites.” Article 18 provides that “Indigenous people

have the right to participate in decision making in matter which

would affect their rights, through representatives chosen by

themselves in accordance with their own procedures, as well

as to maintain and develop their own Indigenous decision-

making institutions.” Further, Article 25 recognizes their

“right to maintain and strengthen their distinctive spiritual

relationship with their traditionally owned otherwise occupied

23 and used lands, territories, waters and coastal seas and other

resources and to uphold their responsibilities to future

generations in this regard.”

32. It was further submitted that the Rio Declaration on

Environment and Development, 2006, acknowledges that the

indigenous people and their communities and other local

communities have a vital role in environmental management

and development because of their knowledge and traditional

practices. States should recognize and duly support their

identity, culture and interests and enable their effective

participation in the achievement of sustainable development.

33. Learned Amicus Curiae, concluded his submissions with the

following suggestions:

(i) Sacred groves should be managed through decentralized,

bottom-up governance involving active participation from

local communities and the primary decision-makers in

managing sacred groves should be the local community

members who nurture and protect them.

(ii) The Ministry of Environment, Forest and Climate Change

(MoEFCC) should be directed to frame a comprehensive

policy for the governance of sacred groves.

24 (iii) Identified sacred groves should be classified as ‘forest’

based on their ecological and cultural significance,

regardless of their size.

(iv) Wherever appropriate, sacred groves should be

recognized and managed as ‘community reserves’ under

the Wildlife Protection Act, 1972.

(v) The State of Rajasthan should complete the survey and

notification process for sacred groves across all districts

within eight months.

V. SUBMISSIONS ON BEHALF OF THE STATE OF RAJASTHAN

34. Shri Shiv Mangal Sharma, learned AAG for the State of

Rajasthan, submitted that pursuant to the order dated

03.07.2018, an expert committee was constituted by an order

dated 06.11.2018. Subsequently, a preliminary identification

process was undertaken, and district-wise draft notifications

were issued to designate Orans, Dev-vans, and other lands

as ‘deemed forests.’ Public objections to these draft

notifications were invited, with the deadline for submissions

set as 03.03.2024. This process follows the completion of the

preliminary identification and inventory exercise in 25 accordance with Clause 5.10.2 of the Rajasthan State Forest

Policy, 2010.

35. It was further submitted that while the specific language from

the Rajasthan State Forest Policy, 2010 was not replicated in

the Rajasthan Forest Policy, 2023, the new policy

incorporates provisions for Dev-vans/Orans under Clause

6.5.11, emphasizing their identification and management in

consultation with local communities.

36. An expert committee finalized its recommendations on

07.03.2024 after reviewing public objections regarding

deemed forests. A draft notification has been prepared and

sent to the State Government, with instructions for District

Collectors to address objections as per the Court's directions.

However, public hearings on the objections were delayed due

to the model Code of Conduct. The recommendations of the

expert committee are under consideration by the competent

authority.

37. It was further submitted that, if this Court deems it necessary

to include the previous policy's language, the State is

prepared to seek appropriate directions, review the Rajasthan

26 Forest Policy, 2023, and place a revised version before the

Court.

VI. DISCUSSION

38. This Court while speaking through Hon’ble Mr. Justice G.S.

Singhvi, in Nature Lovers Movement v. State of Kerala

and Others16, eloquently reflected upon Indian society's

deep-rooted commitment to environmental protection. The

judgment underscored how ancient traditions and teachings

in India have consistently emphasized the harmonious co-

existence of human life with nature. The relevant para is

extracted herein below:

“2. The Indian society has, for many centuries, been aware and conscious of the necessity of protecting environment and ecology. Sages and saints of India lived in forests. Their preachings contained in vedas, upanishads, smritis, etc. are ample evidence of the society's respect for plants, trees, earth, sky, air, water and every form of life. The main motto of social life is to live in harmony with nature. It was regarded as a sacred duty of everyone to protect them. In those days, people worshipped trees, rivers and sea which were treated as belonging to all living creatures. The children were educated by elders of the society about the necessity of keeping the environment clean and protecting earth, rivers, sea, forests, trees, flora, fauna and every species of life.”

39. Furthermore, the Forest (Conservation) Amendment Act,

2023, has also emphasized the importance of preserving the

16 (2009) 5 SCC 373

27 cultural and traditional values of forests, explicitly

incorporating these principles into its preamble, which

states:

“ ….

AND WHEREAS, it is necessary to provide for provisions relating to conservation management and restoration of forests, maintaining ecological security, sustaining cultural and traditional values of forests and facilitating economic needs and carbon neutrality” (emphasis supplied)

40. The FC Act was enacted to provide for the conservation of

forests. In the landmark judgment of T.N. Godavarman

Thirumulpad17, this Court emphasized that the FC Act was

enacted to curb deforestation and address the resulting

ecological imbalance. It was held that the FC Act provisions

for forest conservation and related matters apply universally

to all forests, regardless of their ownership or classification.

The relevant portion is as follows:

“4. The Forest Conservation Act, 1980 was enacted with a view to check further deforestation which ultimately results in ecological imbalance; and therefore, the provisions made therein for the conservation of forests and for matters connected therewith, must apply to all forests irrespective of the nature of ownership or classification thereof. The word “forest” must be understood according to its dictionary meaning. This description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of Section 2(i) of the Forest Conservation Act. The term “forest land”,

17 Supra

28 occurring in Section 2, will not only include “forest” as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership. This is how it has to be understood for the purpose of Section 2 of the Act. The provisions enacted in the Forest Conservation Act, 1980 for the conservation of forests and the matters connected therewith must apply clearly to all forests so understood irrespective of the ownership or classification thereof. This aspect has been made abundantly clear in the decisions of this Court in Ambica Quarry Works v. State of Gujarat [(1987) 1 SCC 213] , Rural Litigation and Entitlement Kendra v. State of U.P. [1989 Supp (1) SCC 504] and recently in the order dated 29-11-1996 (Supreme Court Monitoring Committee v. Mussoorie Dehradun Development Authority [ WP (C) No 749 of 1995 decided on 29-11-1996] ). The earlier decision of this Court in State of Bihar v. Banshi Ram Modi [(1985) 3 SCC 643] has, therefore, to be understood in the light of these subsequent decisions. We consider it necessary to reiterate this settled position emerging from the decisions of this Court to dispel the doubt, if any, in the perception of any State Government or authority. This has become necessary also because of the stand taken on behalf of the State of Rajasthan, even at this late stage, relating to permissions granted for mining in such area which is clearly contrary to the decisions of this Court. It is reasonable to assume that any State Government which has failed to appreciate the correct position in law so far, will forthwith correct its stance and take the necessary remedial measures without any further delay.” (emphasis supplied)

41. This celebrated judgment firmly establishes that the FC Act

must be applied comprehensively to all forests and forest

lands, ensuring the protection of these vital ecological and

cultural resources across the nation.

(i) STATUTORY FRAMEWORK

42. Section 2 of the FC Act strengthens the protection of forests

by strictly regulating activities that could lead to their 29 degradation or misuse of the forests. It prohibits any State

Government or any authority from de-reserving forest areas,

using forest land for non-forest purposes, or leasing it to

private entities without prior approval from the Central

Government. The relevant section as amended by the Forest

Conservation Amendment Act, 2023 reads as follows:

“Section 2. Restriction on the dereservation of forests or use of forest land for non-forest purpose. (1) Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing—

(i) that any reserved forest (within the meaning of the expression “reserved forest” in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;

(ii) that any forest land or any portion thereof may be used for any non-forest purpose;

(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation, subject to such terms and conditions, as the Central Government may, by order, specify;

(iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation.

Explanation. —For the purpose of this sub-section, “non-forest purpose” means the breaking up or clearing of any forest land or portion thereof for—

(a) the cultivation of tea, coffee, spices, rubber, palms, oil- bearing plants, horticultural crops or medicinal plants;

(b) any purpose other than reafforestation, but does not include any work relating to or ancillary to conservation, development, and management of forests and wildlife, such as—

30

(i) silvicultural operations including regeneration operations;

(ii) establishment of check-posts and infrastructure for the front-line forest staff;

(iii) establishment and maintenance of fire lines;

(iv) wireless communications;

(v) construction of fencing, boundary marks or pillars, bridges and culverts, check dams, waterholes, trenches, and pipelines;

(vi) establishment of zoos and safaris referred to in the Wild Life (Protection) Act, 1972, owned by the Government or any authority, in forest areas other than protected areas;

(vii) eco-tourism facilities included in the Forest Working Plan or Wildlife Management Plan or Tiger Conservation Plan or Working Scheme of that area; and

(viii) any other like purposes, which the Central Government may, by order, specify.

(2) The Central Government may, by order, specify the terms and conditions subject to which any survey, such as reconnaissance, prospecting, investigation, or exploration including seismic survey, shall not be treated as a non-forest purpose.”

43. The statutory framework also supports the recognition of

sacred forests. The Forest Rights Act explicitly acknowledges

community rights over customary forest resources and

mandates their conservation. Section 3 of this Act recognises

the following rights of forest dwellers:

“3. Forest rights of forest-dwelling Scheduled Tribes and other traditional forest dwellers. —(1) For the purposes of this Act, the following rights, which secure individual or community tenure or both, shall be the forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers on all forest lands, namely:—

31

(a) right to hold and live in the forest land under the individual or common occupation for habitation or for self cultivation for livelihood by a member or members of a forest dwelling Scheduled Tribe or other traditional forest dwellers;

(b) community rights such as nistar, by whatever name called, including those used in erstwhile Princely States, Zamindari or such intermediary regimes;

(c) right of ownership access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries;

(d) other community rights of uses or entitlements such as fish and other products of water bodies, grazing (both settled or transhumant) and traditional seasonal resource access of nomadic or pastoralist communities;

(e) rights, including community tenures of habitat and habitation for primitive tribal groups and pre- agricultural communities;

(f) rights in or over disputed lands under any nomenclature in any State where claims are disputed;

(g) rights for conversion of Pattas or leases or grants issued by any local authority or any State Government on forest lands to titles;

(h) rights of settlement and conversion of all forest villages, old habitation, unsurveyed villages and other villages in forests, whether recorded, notified, or not, into revenue villages;

(i) right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use;

(j) rights which are recognised under any State law or laws of any Autonomous District Council or Autonomous Regional Council or which are accepted as rights of tribals under any traditional or customary law of the concerned tribes of any State;

(k) right of access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity;

(l) any other traditional right customarily enjoyed by the forest dwelling Scheduled Tribes or other traditional forest dwellers, as the case may be, which are not

32 mentioned in clauses (a) to (k) but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal;

(m) right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005.” (emphasis supplied)

Further, Section 5 provides:

“5. Duties of holders of forest rights.—The holders of any forest right, Gram Sabha and village level institutions in areas where there are holders of any forest right under this Act are empowered to—

(a) protect the wild life, forest and biodiversity;

(b) ensure that adjoining catchments area, water sources and other ecological sensitive areas adequately protected;

(c) ensure that the habitat of forest dwelling Scheduled Tribes and other traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage;

(d) ensure that the decisions taken in the Gram Sabha to regulate access to community forest resources and stop any activity which adversely affects the wild animals, forest and the biodiversity are complied with.” (emphasis supplied)

44. Similarly, the Wildlife Protection Act, 1972, under Section 36-

C, recognizes the importance of community reserves,

underscoring the need to preserve cultural and ecological

landscapes. The provision states as follows:

33

“36-C. Declaration and management of community reserve.— (1) The State Government may, where the community or an individual has volunteered to conserve wild life and its habitat, declare any private or community land not comprised within a National Park, sanctuary or a conservation reserve, as a community reserve, for protecting fauna, flora and traditional or cultural conservation values and practices.

(2) The provisions of sub-section (2) of Section 18, sub-sections (2), (3) and (4) of Section 27, Sections 30, 32 and clauses (b) and (c) of Section 33 shall, as far as may be, apply in relation to a community reserve as they apply in relation to a sanctuary.

(3) After the issue of notification under sub-section (1), no change in the land use pattern shall be made within the community reserve, except in accordance with a resolution passed by the management committee and approval of the same by the State Government.” (emphasis supplied)

45. The Biological Diversity Act, 2002, and the National Forest

Policy, 1988, also advocate for integrating biodiversity

conservation into community-based management

frameworks. The relevant Clause of the National Forest Policy,

1988 is extracted below:

“Clause 4.3.4.2:

The holders of customary rights and concessions in forest areas should be motivated to identify themselves with the protection and development of forests from which they derive benefits. The rights and concessions from forests should primarily be for the bona fide use of the communities living within and around forest areas, especially the tribals. It is imperative for the MOEF&CC to take these considerations into account while formulating policies and executing programs aimed at forest protection and development, ensuring that the interests of communities reliant on forests, particularly tribals, are safeguarded.” (emphasis supplied)

34

46. Moreover, international obligations such as the Convention

on Biological Diversity, 1992 and the United Nations

Declaration on the Rights of Indigenous Peoples (UNDRIP)

compel India to respect and protect traditional ecological

knowledge and cultural practices. The relevant clauses are as

follows:

“THE CONVENTION ON BIOLOGICAL DIVERSITY, 1992

8. Each contracting Party shall, as far as possible and as appropriate:

(j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of Indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilisation of such knowledge, innovations and practices.”

10. (c) Protect and encourage customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements.

THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES(UNDRIP) Article 5:

Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State. Article 12:

1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect,

35 and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.

2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.

ARTICLE 18:

Indigenous peoples have the right to participate in decision- making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions. Article 25:

Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.” (emphasis supplied)

(ii) ECOLOGICAL AND CULTURAL SIGNIFICANCE

47. The protection of Orans lands as ‘forests’ under the FC Act is

imperative for upholding both ecological sustainability and

cultural heritage. Orans are not merely tracts of land but

sacred groves deeply interwoven with the spiritual and

cultural ethos of local communities. They represent a

grassroot model of conservation, where biodiversity thrives

under community-led management and traditional practices

of restraint. These sacred groves are pivotal for in situ

36 biodiversity preservation, safeguarding endangered species.

Additionally, they mitigate soil erosion, recharge aquifers,

and serve as genetic repositories critical for ecological

balance.

48. Inspired by community-driven conservation efforts, the

Piplantri model, created in a small village in Rajasthan’s

Rajsamand district, shows how environmental protection,

gender equality, and economic growth can work together to

change communities. It started after the tragic death of a girl

child of Shri Shyam Sundar Paliwal, the Sarpanch of the

village. The village had suffered from environmental damage

due to excessive marble mining, which led to water shortages,

deforestation, and economic decline. To counter this, the

community led by its visionary Sarpanch Shri Shyam Sundar

Paliwal introduced a practice of planting 111 trees for every

girl born. This initiative transformed the damaged

environment not only of the village but also of the nearby

areas. This phenomenal effort also gave positive impetus to

the efforts for reducing societal biases against women.

49. The Piplantri model has had many positive effects.

Environmentally, over 40 lakh trees have been planted, which

37 has helped raise the water table by 800-900 feet and cooled

the climate by 3-4°C. These efforts have improved local

biodiversity and protected the land from soil erosion and

desertification. Economically, the planting of indigenous

species of trees like gooseberry, aloe vera, and bamboo has

created sustainable jobs. Aloe vera processing, furniture

making, and other businesses have increased local incomes,

providing work, especially for women, through self-help

groups. Socially, the model has helped eliminate harmful

practices like female foeticide. The village now has a rare

distinction of a higher female population ratio i.e. 52% and

ensures that all girls receive education. Financial support

through the "Kiran Nidhi Yojna18" has empowered girls and

their families, creating a community that celebrates and

rejoices on the birth of a girl child rather than resenting it.

(iii) RAJASTHAN'S POLICY FRAMEWORK AND CEC RECOMMENDATIONS

18 Started by Shya Sundar Paliwal under "Kiran Nidhi Yojna," a bank account is opened in

the name of the girl child, with an initial deposit of Rs. 2,100. The entire village collectively contributes Rs. 21,000 for the girl, and the family adds Rs. 10,000. This total sum of Rs. 31,000 is then placed in a fixed deposit, which can be accessed when the girl turns 20. The parents are required to sign an affidavit committing to not practice female foeticide, ensuring they will not marry their daughter before the legal age, and pledging to provide her with education. This initiative empowers the girls and supports their independence.

38

50. The Rajasthan State Forest Policy, 2010, had recognized the

critical importance of Orans, providing for their legal and

financial support, demarcation, and community-led

management. However, the Rajasthan Forest Policy, 2023,

has diluted these protections by relegating Orans to the

status of general community lands, thereby eroding the

focused conservation mechanisms previously afforded to

them.

51. Given their ecological, cultural, and spiritual significance,

Oran lands must be granted the legal status of "forests" under

the FC Act. This designation would not only ensure their

protection against encroachment and degradation but also

reinforce community participation in sustainable forest

management. Recognizing Orans as forests aligns with both

domestic legal mandates and international commitments,

fostering a harmonious balance between cultural heritage

and biodiversity conservation for present and future

generations.

52. This Court in I.A. No. 1254 of Writ Petition No. 202 of 1995

has noted that recommendations of the CEC have to be

complied with by the State of Rajasthan. The three

39 recommendations as given by the CEC can be summarised

as follows:

(i) The Kapoor Committee classified only sacred groves, such

as Orans and Dev-vans, meeting the deemed forest criteria

(200+ trees/ha and 5+ ha compact blocks) as forests,

excluding smaller areas despite their recognition in

government records. Traditionally, the Orans are treated

as forest lands in Rajasthan, but the exclusion of such

areas in government records on the ground that they do

not fulfil the criteria of the deemed forests, contradicts this

Court’s orders. The CEC has recommended including

these sacred groves as forest land unless their exclusion,

due to management challenges, by following the procedure

outlined in the Forest (Conservation) Act, 1980.

(ii) The Kapoor Committee's inclusion of areas recorded as

'Rundh' as 'forest' is apropos and may be accepted.

However, many of these areas were converted for

agriculture or other non-forestry uses before the FC Act

came into effect on 25.10.1980 and have been in use for

such purposes since decades. It is recommended that

these pre-25.10.1980 converted areas be identified,

40 surveyed, and demarcated in a time-bound manner and

removed from the purview of the FC Act, following due legal

process. To facilitate this, the Ministry of Environment and

Forests may consider waiving requirements for

compensatory afforestation and payment of Net Present

Value(NPV) for these cases.

(iii) In Rajasthan, large arid areas with sparse vegetation,

grasslands, and unique desert ecosystems, including

rocky outcrops and stony deserts, should be considered as

'forest land.' To address this, it is proposed that an Expert

Committee be formed, comprising of representatives from

the Forest Department, Arid Zone Forestry Research

Institute (AFRI), Central Arid Zone Research Institute

(CAZRI), and other expert bodies. This Committee would

identify areas representing diverse desert ecosystems and

recommend their inclusion as 'deemed forests,' regardless

of the vegetation density. The Committee may adopt

rational criteria for this purpose and submit its report

within six months.

41 VII. DIRECTIONS

53. Pursuant to the orders of this Court, the State of Rajasthan

has initiated the process of identifying and notifying sacred

groves as forests through district-wise notifications. While

this development is commendable, it is important to highlight

the significant delay in commencing this critical process.

Sacred groves of Rajasthan, which hold immense ecological

value and are deeply revered in local cultures, urgently

require formal recognition and protection to safeguard their

preservation. The applicant in the present case has given a

list identifying 100 sacred groves in the State of Rajasthan.

The list provided by the applicant is extracted below:

S. No. Name S. No. Name 1. Bherudham ki Bani 51. Yogiraj Jharneshwar ka Oran 2. Mataji ki Bani 52. Sire Mandir 3. Khoda Mata ki Bani 53. Veer Momaji ka Oran 4. Devnarayan ki Devbani 54. Jharneshwar Mahadev 5. Devnarayan Bhagvan ki 55. Sundha Mata ka Oran Devbani 6. Piplaj Mata 56. Dosi Hills 7. Ramdev Baba ka Oran 57. Bheruji ki Devbani 8. Kalka Mata ka Oran 58. Panchmukhi Balaji ki Bani 9. Devnarayan Bhagvan ji 59. Sitla Mata ki Bani Bani 10. Devnarayan Bani 60. Kunjal Mata ki Bani 11. Baniwala/Ghalawala Baba 61. Dadhi Mata ki Bani ki Bani 12. Bherunath ji Bani 62. Udadas Maharaj ki Bani 13. Adawal ki Bani 63. Shree Jog Mata ki Devbani 14. Devima ki Bani 64. Dinshaha Babi ki Bani

42 15. Dhuninath ki Devbani 65 Ramdevji ki Bani 16. Garbaji ki Devbani 66. Vakal Chamunda Mata 17. Behrubaba ji Bani 67. Bheruji ki Bani 18. Shitaldas Maharaj ki 68. Alakdham ka Oran Devbani 19. Shivji ki Devbani 69. Jog Mata ka Oran 20. Narayan Mata ki Devbani 70. Gaja Mata ka Oran. 21. Malaji ki Bani 71. Ramdev ka Oran 22. Dubalrani Mataji ki Bani 72. Devak Mata ka Oran. 23. Bherunath ki Bani 73. Shiv Shankar ki Bani 24. Chouth Mata ki Devbani 74. Sankat Mochan Hanumanji ka Oran 25. Jagdamba/Kunjbihari ki 75. Nilkanth Mahadev ki Bani Devbani 26. Mataji ki Bani 76. Aawari Mata ki Bani 27. Mataji ki Bani 77. Udheshwar Mahadev ki Bani 28. Devnarayan ki Devbani 78. Devnaryan ki Devbani 29. Madhuban 79. Ramdevbaba ki Bani Aashram/Tapowan 30. Bheruji ki Bani 80. Jagdishji ki Bani 31. Shree Daneshwar Mahadev 81. Kotdadham Hanumanji 32. Pahadband Bani 82. Balaji ki Devbani 33. Chawand Mata ki Bani 83. Behruji ki Devbani 34. Savariyaji ki Devbani 84. Jirna Mata ki Bani 35. Mora Mata ki Devbani 85. Shree Aashapura Mataji 36. Jhajhirampura ki Devbani 86. Siddheswar Mahadev ki Bani 37. Jwala Mata ki Devbani 87. Shree Mahadevji Ishwarji ka Mandir 38. Chalandham Hanumanji 88. Hanumanji ka Oran 39. Bheravji ki Bani 89. Momaji ki Bani 40. Kanikangni ki Bani 90. Ubeshwar Mahadev Mandir 41. Sidhh Baba ki Bani 91. Dhaneshwar Hanumanji ki Bani 42. Bhomiyaji ki Bani 92. Sukdevi ki Devbani 43. Jaivanti Mata ki Bani 93. Ghatawali Mata ki Bani 44. Bhomiyaji ki Bani 94. Aashapura ki Bani 45. Mansa Mata ki Bani 95. Dhuni Mata ki Bani 46. Trivenidham 96. Tariba Hanumanji ki Bani 47. Banganga 97. Maleshwari Mata ki Bani 48. Behruji ki Devbani 98. Jhameshwar Mahadev ki Bani 49. Shree Jogmaya ka Oran 99. Shringrishi Mahadev ki Bani 50. Shree Dharaveer Momaji ka 100. Potalia Bheruji ki Bani Oran

43

54. The above extracted list may be taken into consideration by

the appropriate authority, during the process of

identification. However, it is made clear that this list is not

all-inclusive/exhaustive. The Forest Department of the State

of Rajasthan is directed to carry out detailed on-ground

mapping and satellite mapping of each sacred grove, such as

Orans, Dev-vans, Rundhs, or by any other name by which

they are known in the respective area. In view of the facts

noted above, this Court directs the State of Rajasthan to

complete the survey and notification of sacred groves/Orans

in all districts. The Forest Department must carry out

detailed on-ground mapping of the identified groves and

classify them as 'forests,' as recommended in the Central

Empowered Committee's report dated 01.06.2005.

Additionally, all three recommendations outlined in the

report must be implemented in their entirety and in true

spirit. This classification should not depend on the size or

extent of the groves but instead, focus solely on their purpose

and their cultural and ecological significance to the local

community.

44

55. Further, given the ecological and cultural importance of

sacred groves, it is recommended that they be granted

protection under the Wildlife Protection Act, 1972, specifically

through Section 36-C, which allows for the declaration of

'community reserves.' This would legally protect these areas,

recognizing their role in biodiversity conservation and

cultural practices. Sacred groves/Orans should be identified

and, where appropriate, declared as community reserves to

ensure their preservation and prevent unauthorized land use

changes. State Government, in collaboration with local

communities, should initiate this process to safeguard both

their ecological and cultural value.

56. In order to ensure compliance of the aforementioned

directions, the Ministry of Environment, Forest and Climate

Change of India (MoEFCC) in collaboration with the Forest

Department, Government of Rajasthan shall constitute a 5-

member Committee preferably headed by a retired Judge of

the Rajasthan High Court.

57. The Committee shall include one Domain Expert, preferably

a retired Chief Conservator of Forests, a Senior Officer from

the MoEFCC, Government of India and one Senior Officer

45 each from the Forest Department and Revenue Department,

Government of Rajasthan. The terms and conditions of the

Committee shall be jointly finalized by the Union of India and

the State of Rajasthan.

VIII. SUGGESTIONS

58. This Court deems it necessary to propose certain suggestions

to promote the sustainable conservation of sacred groves and

empower the communities associated with their protection.

(i) Section 3(1)(j) of the Forest Rights Act, recognizes the

rights of tribal communities under State laws,

Autonomous District or Regional Council laws, and their

traditional or customary laws. This provision ensures

respect for the diverse legal and cultural practices of tribal

communities across India. The Rajasthan Government

should identify traditional communities that have

historically protected sacred groves and designate these

areas as ‘Community Forest resource’ under Section 2(a)

of the Forest Rights Act. These communities have shown a

strong cultural and ecological commitment to

conservation, and their role as custodians should be

46 formally recognized. As per Section 5 of the Forest Rights

Act, they should also be empowered, along with Gram

Sabhas and local institutions, to continue protecting

wildlife, biodiversity, and natural resources. Granting

them the authority to regulate access and prevent harmful

activities would preserve their legacy of stewardship and

promote sustainable conservation for future generations.

(ii) Models like Piplantri village demonstrate how community-

driven initiatives can effectively address social, economic,

and environmental challenges in a cohesive manner.

Active measures are required at the Governmental level to

ensure that such ideas are implemented/replicated in

other parts of the country to promote sustainable

development and gender equality. The Central and State

Governments should support these models by providing

financial assistance, creating enabling policies, and

offering technical guidance to communities.

(iii) As highlighted by the learned Amicus Curiae, sacred groves

in different States are managed in various ways. Some are

overseen by village panchayats or local bodies created for

this purpose, while others rely solely on community

47 traditions without any formal governance. The Ministry of

Environment, Forest and Climate Change (MoEFCC) is

recommended to create a comprehensive policy for the

governance and management of sacred groves across the

country. As part of this policy, the MoEFCC must also

develop a plan for a nationwide survey of sacred groves, by

whatever name they are identified in each State. This

survey should identify their area, location, and extent, and

clearly mark their boundaries. These boundaries should

remain flexible to accommodate the natural growth and

expansion of these forests while ensuring strict protection

against any reduction in size due to agricultural activities,

human habitation, deforestation, or other causes.

(iv) It must be noted that the National Forest Policy, 1988,

carries a statutory flavour as noted in Para 72 of the T.N.

Godavarman Thirumulpad(87) v. Union of India19,

Clause 4.3.4.2 of the National Forest Policy, 1988,

highlights the importance of encouraging people with

customary rights in forests to help protect and improve

forest ecosystems, as they depend on these forests for their

19 Supra

48 needs. Therefore, it is suggested that MoEFCC should

strive to create policies and programs that protect the

rights of these communities and involve them in forest

conservation.

IX. CONCLUSION

59. Based on the above discussion, the authorities concerned are

directed to ensure implementation of the directions given in

para-Nos. 53 to 57 of this judgment in letter and spirit. The

suggestions mentioned at para-No. 58 shall also be

considered during implementation.

60. The Ministry of Environment, Forest and Climate Change

(MoEFCC), Government of India, Forest Department,

Government of Rajasthan are directed to file a compliance

report regarding constitution of the Committee as mentioned

in para-Nos. 56 and 57 of this judgment.

61. List the matter on 10.01.2025 for receiving the compliance

report to this limited extent.

49

62. Accordingly, I.A. No. 41723 of 2022 is disposed of.

………………….……….J. (B.R. GAVAI)

………………….……….J. (S.V.N. BHATTI)

………………………….J. (SANDEEP MEHTA) New Delhi;

December 18, 2024

50