Supreme Court Directive on Sacred Groves

Syllabus: GS2/ Polity and Governance

In News

• The Supreme Court of India directed that there is a need for a nationwide survey of sacred groves under the guidance of the Ministry of Environment, Forest and Climate Change (MoEF&CC).

More about the News

• The SC directed to classify Sacred Groves as ‘forests’ and notify them as ‘community reserves’ under the Wildlife Protection Act (WLPA) 1972.
• The court mandated the formation of a ‘Community Reserve Management Committee’ to the State government to oversee their conservation and management.

What are Sacred Groves?

• Sacred groves are patches of trees or forest areas that are traditionally protected by local communities for their religious, cultural, and ecological significance.
• They are known by diverse names: Devarakadu in Karnataka, Kavu in Kerala, Sarna in Madhya Pradesh, Oran in Rajasthan, Devrai in Maharashtra, Umanglai in Manipur, Law Kyntang/Law Lyngdoh in Meghalaya, Devan/Deobhumi in Uttarakhand etc.
• Sacred groves preserve biodiversity, regulate climate, conserve water, support livelihoods, protect cultural heritage, and promote environmental awareness.

What are community reserves?

• The concept of community reserves was introduced through the Wildlife Protection (Amendment) Act, 2002, to recognize and protect community-managed ecosystems. 
• These reserves are designated over private or community-owned lands where local communities voluntarily participate in habitat conservation to protect wildlife and traditional conservation values.
• Key provisions include:
  • Land-use changes within these reserves require approval from the reserve management committee and the state government.
  • The Chief Wildlife Warden has the overall authority over the reserve’s management.

The WLPA and FRA: A potential conflict

• The Forest Rights Act (FRA), 2006, was enacted to recognize the traditional rights of forest-dwelling communities over forests, including sacred groves. 
• By classifying sacred groves as community reserves under WLPA, the decision contradicts FRA’s objective.

Way Forward

• Inclusive Policy Formulation: The MoEFCC should develop a comprehensive Sacred Grove Conservation Policy in consultation with local communities, ensuring that governance aligns with the FRA.
• Co-Management Approach: Instead of transferring full control to the Forest Department, a co-management model between gram sabhas and forest officials could be explored.
• Legal Harmonization: A legal reconciliation between the WLPA and FRA is necessary to prevent jurisdictional conflicts and uphold community rights.
• Scientific Mapping with Traditional Knowledge: While satellite mapping is crucial, community knowledge should be integrated into identifying and managing sacred groves.

Source: TH