Supreme Court ruling protects Rajasthan's sacred groves, recognizes forest rights

By Rajkumar Sinha*
On the 18th of December last year, a division bench of the Supreme Court comprising Justices BR Gavai, SVN Bhatti, and Sandeep Mehta delivered a significant and historic judgment in the case of 'TN Godavarman Thirumalpad v. Union of India' (Writ Petition No. 202/1995). Although this decision pertains to the community-protected 'sacred groves' of Rajasthan, it has far-reaching implications for 'sacred groves' across India and the recognition of forest rights in such groves. The directions given in paragraph 58 of the judgment are specifically related to the 'Forest Rights Act 2006'. This Act recognizes the rights of tribal communities under state laws, the laws of autonomous district or regional councils, and their traditional or customary laws.
This provision ensures respect for the diverse legal and cultural practices of tribal communities in India. The Rajasthan government should identify those traditional communities who have historically protected 'sacred groves' and designate these areas as 'Community Forest Resources' under the 'Forest Rights Act'. These communities have demonstrated a strong cultural and ecological commitment to conservation, and their role as custodians should be formally recognized.
Considering the ecological and cultural significance of these sacred groves, their inclusion under the 'Wildlife Protection Act 1972' has been recommended, and emphasis has been laid on their conservation. According to the 'Forest Rights Act', Gram Sabhas (village councils) and local institutions should be empowered to continue the protection of wildlife, biodiversity, and natural resources. Granting them the authority to regulate use and prevent harmful activities will help preserve their heritage and promote sustainable conservation for future generations.
The 'Forest Rights Act 2006' states that in areas where holders of forest rights reside under this Act, the Gram Sabha and village-level institutions are competent for the following: (a) to protect wildlife, forest, and biodiversity, (b) to ensure that adjoining catchment areas, water sources, and other ecologically sensitive areas are adequately protected, (c) to 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,1 (d) to ensure that the decisions taken in the Gram Sabha to regulate access to community forest resources and stop any activity that adversely affects the wildlife,2 forest, and biodiversity are complied with.
Referring to the provisions of the 'Forest Rights Act' in the court proceedings, it was stated that the community's right over community forest resources provides them with a legal mechanism to protect traditional cultural sacred groves. Although the court order does not explicitly mention the provisions of the 'Forest Rights Law', directions have been given to the state government and the 'Ministry of Environment, Forest and Climate Change' to jointly establish a mechanism for the survey and mapping of community-protected vegetation and for the 'Ministry of Environment, Forest and Climate Change' to constitute a committee headed by a retired judge of the Rajasthan High Court, in collaboration with the State Forest Department.
According to the court's directives, the provisions of the 'Forest Rights Law' should be used to provide a legal mechanism for the protection of 'sacred groves'. Additionally, the 'Ministry of Environment, Forest and Climate Change' has been recommended to formulate a comprehensive national policy for the operation and management of sacred groves across the country. As part of the policy, it has been asked to develop a nationwide survey plan for the 'sacred groves' of each state that are in a very problematic condition.
In its concluding remarks, the Supreme Court's directions mention that the concerned authorities must comply with the instructions of this decision in letter and spirit. This decision should be seen in the context of the efforts to redress the historical injustice done to forest-dependent communities, as mentioned in the preamble of the 'Forest Rights Law'. This Act grants legal rights over forest land to communities. Through these rights, communities have gained the authority to use, manage, and conserve forest resources. These 'sacred groves' also provide environmental benefits, such as regulating the climate, maintaining water quality, and providing habitat for wildlife.
Community 'sacred groves' are a way of life developed by local communities, based on a cultural and spiritual perspective. They manage their areas in a way that ensures the conservation and sustainable use of nature, along with social, environmental, cultural, and even economic benefits. Community forest management, with area-specific ancestral ties managed by local communities, inherently includes many elements that facilitate self-governance. In this time of climate and biodiversity crisis, this decision will prove to be a milestone.
---
Rajkumar Sinha is a senior activist of the 'Bargi Dam Displaced Persons Association'

Comments

Land under siege: A silent crisis, desertification is threatening India’s future

By Raj Kumar Sinha* Desertification is emerging as one of the gravest environmental challenges of our time. Marked annually on June 17, the World Day to Combat Desertification and Drought reminds us that the fate of our planet’s land—and the billions who depend on it—is hanging in the balance.

Hyderabad protest demands end to Operation Kagar as senior Maoist leaders killed in encounter

By Harsh Thakor* A protest was held on June 17 at Indira Park in Hyderabad by the Shanti Charchala Committee, calling for an end to Operation Kagar and the start of peace talks with Maoist groups. The event brought together representatives from several political parties and civil society organizations. Among those who addressed the gathering were CPI (ML) New Democracy Central Committee member Vemulapalli Venkatramayya, along with leaders from the Congress, BRS, CPI, CPM, Telangana Janasamithi, MCPI, SUCI, CPI ML, RSP, and VCK. The programme also featured performances by cultural groups such as CLC, HRF, TVV, Arunodaya, Praja Kala Mandali, and Praja Natya Mandali. Public figures including actors Narayana Murthy and Tudundebba Upendar and academics like Professor Anver Khan and Professor Vinayaka Reddy participated as speakers.

Madhya Pradesh village's inspiring example of how small budget effort conserves water amidst heat wave

By Bharat Dogra Heat waves have been intensifying over vast areas of India in recent days and there are also many reports of water scarcity making the conditions worse for people. However the situation can differ significantly in various villages depending on whether or not significant water conservation efforts have been made. In recent years I have visited several villages of good water conservation efforts where I noticed that even at the time of adverse weather conditions, people of these villages as well as farm and other animals feel important relief in terms of access to adequate water. Due to water and moisture conservation, conditions of farms and pastures is also much better. What is more, with the participation and involvement of people, even quite low budgets have been utilized well to achieve very useful and durable results.

Central London discussion to spotlight LGBTQ+ ex-Muslim rights and persecution

By A Representative On June 13, 2025, the Dissident Club in Central London will host a public discussion to mark the 18th anniversary of the Council of Ex-Muslims of Britain (CEMB) and to commemorate World Refugee Day. The event, scheduled from 7:00 to 9:00 pm, will feature speakers Ali Malik, Maryam Namazie, and Taha Siddiqui, who are expected to address the intersecting challenges faced by LGBTQ+ ex-Muslims globally.

Population explosion: India needs a clear-headed policy, data-driven governance, long-term planning

By N.S. Venkataraman* At the upcoming G7 summit in Canada, Prime Minister Narendra Modi has been invited as a special guest, with Canadian Prime Minister Justin Trudeau citing two main reasons: India’s rise as the world’s fifth-largest economy and its status as the most populous nation. While economic growth is undoubtedly a point of pride, the latter distinction—India’s population—raises an important question: should this be seen as a strength or a source of growing concern? India has not conducted a national census since 2011, leaving the current population figures largely speculative. Estimates place the population at around 1.4 billion, with projections reaching 1.8 billion by 2050. Despite modest declines in fertility and death rates, the annual population growth remains between 1.5% and 2%. The next census, scheduled for 2026, will provide a more accurate demographic picture, but until then, policymaking remains uninformed by crucial data. Over the past eleven years, the gov...

Victim to cricketing politics, Alvin Kalicharan was a most organized left handed batsman

By Harsh Thakor* On March 21st Alvin Kalicharan celebrates his 75th birthday. Sadly, his exploits have been forgotten or overlooked. Arguably no left handed batsman was technically sounder or more organized than this little man. Kalicharan was classed as a left-handed version of Rohan Kanhai. Possibly no left-handed batsmen to such a degree blend technical perfection with artistry and power.

Exploring 'Volokolamsk Highway': A tale of Soviet heroism and resilience

By Harsh Thakor* "Volokolamsk Highway" is a classical war novel by Alexander Bek, first published in Russian in 1944 and translated into English in 1958. Set during WWII on the Eastern Front, it describes critical battles fought by the Soviet Red Army against Nazi forces advancing toward Moscow in October 1941. Republished by Foreign Languages Press in 2023, the novel offers a vivid portrayal of Soviet soldiers' struggles to defeat fascism. It is recommended for those seeking insight into Soviet heroism during World War II.

Better halves lead the way as organic farmers, entrepreneurs and social reformers

By Bharat Dogra Two major challenges continue to limit the full participation of rural women in development. First, their crucial roles, potential, and capabilities often remain underrecognized. Second, even when women are encouraged to take on broader responsibilities, the overarching development models may not align with their needs or perspectives and may even appear counterproductive. Under such conditions, it is unrealistic to expect women to engage as enthusiastic and creative participants.

Irregularities in Modi-initiated NSDC raise questions about the future of Skill India

By Onkareshwar Pandey Prime Minister Narendra Modi’s Skill India initiative was conceived as a bold national effort—to equip India’s vast young population with industry-ready skills and transform the country into the “skills capital of the world.” At the heart of this mission lies the National Skill Development Corporation (NSDC), a public-private partnership under the Ministry of Skill Development and Entrepreneurship (MSDE). But recent revelations of large-scale financial irregularities within NSDC threaten to undermine not just the institution, but the very promise of Skill India.

Search This Blog