Supreme Court of India
IN RE: T.N. GODAVARMAN THIRUMULPADversusUNION OF INDIA & ORS.
- Citation
- 2024 INSC 997
- Decided
- 18 December 2024
- Disposal
- Directions issued
Holding
All sacred groves/Orans in Rajasthan must be surveyed, mapped, and classified as forests under the Forest Conservation Act, and, where appropriate, declared as community reserves under the Wildlife Protection Act, with compliance overseen by a specially constituted committee.
Summary
The Supreme Court considered an interlocutory application filed by environmental activist T.N. Godavarman Thirumulpad seeking protection for the sacred groves, known as Orans, in Rajasthan. The Court examined the statutory framework, including the Forest Conservation Act, 1980 (as amended in 2023), the Wildlife Protection Act, 1972, and the Forest Rights Act, 2006, and noted the cultural and ecological importance of these groves. It observed that the State of Rajasthan had not fully complied with the Central Empowered Committee's recommendations to classify all sacred groves as forest land and to involve local communities. The Court directed the State to complete a detailed on‑ground and satellite survey of all identified groves, to classify them as ‘forests’ under the FC Act, and where appropriate declare them as community reserves under s.36‑C of the Wildlife Protection Act. A five‑member monitoring committee, headed by a retired Rajasthan High Court judge, was to be constituted by the MoEFCC and the Rajasthan Forest Department. The Court also issued broader policy suggestions for community‑based conservation and mandated a compliance report by 10 January 2025. The interlocutory application was consequently disposed of.
Issues considered
- The need to recognize and protect sacred groves/Orans of Rajasthan as forest land under the Forest Conservation Act.
- Whether the State of Rajasthan has complied with the Central Empowered Committee's recommendations regarding classification of sacred groves.
- The applicability of Section 36‑C of the Wildlife Protection Act to declare sacred groves as community reserves.
- The role of the Forest Rights Act in empowering local tribal and community participation in the protection of sacred groves.
- The procedural steps required for surveying, mapping, and notifying sacred groves across all districts of Rajasthan.
Legislation cited
Headnote
Issue for Consideration Protection of the sacred groves/Orans of Rajasthan. Headnotes† Forest Conservation Act, 1980 – s.2 – Forest (Conservation) Amendment Act, 2023 – Wildlife Protection Act, 1972 – s.36-C – Scheduled Tribes and Dwellers (Recognition of Forest Rights) Act, 2006 – ss.3, 5 – Rajasthan State Forest Policy, 2010 – Rajasthan Forest Policy, 2023 – Sacred groves/Orans of the Rajasthan – Protection of – Identification and notification of sacred groves as ‘forests’
Subjects
Sacred grovesOransCommunity‑protected forestsCentral Empowered CommitteeCommunity reservesSustainable forest managementConservation of biodiversityEnvironmental protectionRecognition of sacred forestsPiplantri model
Judgment
[2024] 12 S.C.R. 1838 : 2024 INSC 997
In Re: T.N. Godavarman Thirumulpad
v.
Union of India & Ors.
(IA No. 41723 of 2022)
In
(Writ Petition (Civil) No. 202 of 1995)
18 December 2024
[B.R. Gavai, S.V.N. Bhatti and Sandeep Mehta,* JJ.]
Issue for Consideration
Protection of the sacred groves/Orans of Rajasthan.
Headnotes†
Forest Conservation Act, 1980 – s.2 – Forest (Conservation)
Amendment Act, 2023 – Wildlife Protection Act, 1972 – s.36-C –
Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 – ss.3, 5 – Rajasthan
State Forest Policy, 2010 – Rajasthan Forest Policy, 2023 – Sacred
groves/Orans of the Rajasthan – Protection of – Identification
and notification of sacred groves as ‘forests’ – Directions issued:
Held: 1.1 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. [Para 53]
1.2 The list provided by the applicant identifying 100 sacred
groves in the State of Rajasthan to be taken into consideration –
Forest Department of the State of Rajasthan 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 – State of Rajasthan to
complete the survey and notification of sacred groves/Orans in
all districts – Forest Department to 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 – Recommendations in the report must be implemented
in their entirety and in true spirit. [Para 54]
1.3 Given the ecological and cultural importance of sacred groves,
it is recommended that they be granted protection under the Wildlife
* Author
[2024] 12 S.C.R. 1839
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
Protection Act, 1972, specifically through s.36-C which allows for
the declaration of ‘community reserves’ – Sacred groves/Orans
should be identified and where appropriate, declared as community
reserves to ensure their preservation and prevent unauthorized
land use changes – This process should be initiated by the State
Government in collaboration with local communities. [Para 55]
1.4 To ensure compliance of the directions issued, a 5-member
Committee, as directed, to be constituted by the Ministry of
Environment, Forest and Climate Change of India (MoEFCC) in
collaboration with the Forest Department, Government of Rajasthan
preferably headed by a retired Judge of the Rajasthan High Court.
[Paras 56, 57]
1.5 Sacred groves/Orans – Suggestions by Supreme Court – To
promote the sustainable conservation of sacred groves and empower
the communities associated with their protection – Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 – National Forest Policy, 1988. [Para 58]
Environmental Protection – Community-driven initiatives/
conservation efforts – Piplantri model in a village in Rajasthan,
praised – Effects:
Held: 2.1 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 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. [Para 48]
2.2 Positive effects of Piplantri model – Environmentally, over 40
lakh trees have been planted which 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
1840 [2024] 12 S.C.R.
Supreme Court Reports
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. [Para 49]
Sacred groves/Orans – Protection of, as ‘forests’ – Need for –
Ecological and cultural significance – Enumerated – Forest
Conservation Act, 1980 – Forest (Conservation) Amendment
Act, 2023 – Wildlife Protection Act, 1972 – Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 – Rajasthan State Forest Policy, 2010 –
Rajasthan Forest Policy, 2023 – Biological Diversity Act,
2002 – National Forest Policy, 1988 – Convention on Biological
Diversity, 1992; United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP).
Words and Phrases – “sacred groves”; “sacred”; “grove”;
“orans” – Discussed.
Case Law Cited
T.N. Godavarman Thirumalpad v. Union of India and Others [1996]
Supp. 9 SCR 982 : (1997) 2 SCC 267; Orissa Mining Corporation
Limited v. Ministry of Environment & Forest & Others [2013] 6 SCR
881 : (2013) 6 SCC 476; T.N. Godavarman(87) v. Union of India
[2005] Supp. 3 SCR 552 : (2006) 1 SCC 1; Centre for Environment
Law, World Wide Fund v. Union of India [2013] 6 SCR 757 : (2013)
8 SCC 234; Nature Lovers Movement v. State of Kerala and Others
[2009] 4 SCR 687 : (2009) 5 SCC 373 – referred to.
Books and Periodicals Cited
Lebbie & Freudenberger 1996; Chandan & Hughes 1997; Malhotra
et al. 2007; Sheridan & Nayamweru 2008; Ormsby & Edelman
2010; Ormsby 2012; Ntiamoa-Baidu 1995; Kosambi, 1962, Sacred
Groves in India, Aryan Books International (New Delhi, 2007).
List of Acts
Forest Conservation Act, 1980; Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006; Wildlife Protection Act, 1972; Biological Diversity Act, 2002;
Forest (Conservation) Amendment Act, 2023; Biological Diversity
Act, 2002; National Forest Policy, 1988; Forest Conservation
Amendment Act, 2023.
[2024] 12 S.C.R. 1841
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
List of Keywords
Sacred groves’; ‘Orans; Sacred groves/Orans of Rajasthan;
Community-protected forests; Central Empowered Committee;
Orans; Bundhs; Dev-vans; ‘deemed forests’; Forests’; Sustainable
forest management; Conservation of biodiversity; Environmental
protection; Conservation of forests; Recognition of sacred forests;
Community reserves.
Case Arising From
CIVIL ORIGINAL JURISDICTION: IA No. 41723 of 2022
In
Writ Petition (Civil) No. 202 of 1995
(Under Article 32 of The Constitution of India)
Appearances for Parties
Harish N. Salve, A.D.N. Rao, Ms. Aparajita Singh, Sr. Advs./Amici
Curiae, Siddhartha Chowdhury, K. Parameshwar, Amici Curiae.
Ms. Aishwarya Bhati, Mrs. Archana Pathak Dave, A.S.Gs., Shiv
Mangal Sharma, A.A.G., Mrs. Ruchi Kohli, Sr. Advs., Ms. Kanti,
Shreenivas Patil, Ms. Chitransha Singh Sikarwar, M.V. Mukunda,
Raji Gururaj, G.S. Makker, Raj Bahadur Yadav, Uday Prakash
Yadav, Suhasini Sen, S. S. Rebello, Shyam Gopal, Raghav
Sharma, Sughosh Subramanium, Mukesh Kumar Maroria, Shyam
Gopal, Raghav Sharma, Gaurang Bhushan, Jagdish Chandra
Solanki, Saurabh Rajpal, Ms. Nidhi Jaswal, Sandeep Kumar Jha,
Siddharatha Jha, Advs. for the appearing parties.
Judgment/Order of the Supreme Court
Judgment
Mehta, J.
“प्रकृृतिं�ं पुुरुषंं चैैव वि�द्ध्यनाादीी उभाावपि�।
वि�काारांंश्च गुुणांंश्चैैव वि�द्धि� प्रकृृति�सम्भवाान््।।”
– Bhagwat Gita (Chapter 13, Verse 20)
[ Translation: Nature is the source of all material things: the maker,
the means of making, and the things made. Spirit is the source of
all consciousness which feels pleasure and feels pain.]
1842 [2024] 12 S.C.R.
Supreme Court Reports
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. 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
* Ed. Note: Pagination as per the original Judgment.
[2024] 12 S.C.R. 1843
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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 buried.1 The size of
sacred groves ranges from very small plots of less than 1 hectare
to larger tracts of land of several hundred hectares.2 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 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, Oran in
Rajasthan, Devrai in Maharashtra, Umanglai in Manipur, Law Kyntang/
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 K.C. Malhotra, Y. Gokhale, S. Chatterjee, and S. Srivastava, Sacred Groves In India, Aryan Books
International (New Delhi, 2007)
1844 [2024] 12 S.C.R.
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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 (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 civilisation.4 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 region.5
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 the shade of green trees. These religious and cultural
practices ensure that the ecosystem is maintained and prevent the
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)
[2024] 12 S.C.R. 1845
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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 trees.6 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 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 as
reincarnations of the goddess’s devotees has been documented by
international media houses like Discovery and National Geographic
6 Malhotra, 2001, SACRED GROVES IN INDIA, Aryan Books International (New Delhi, 2007)
1846 [2024] 12 S.C.R.
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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.
III. BACKGROUND
14. This Court, in its judgment dated 12.12.1996 in T.N. Godavarman
Thirumalpad v. Union of India and Others,7 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 Committee,9
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
7 (1997) 2 SCC 267
8 Hereinafter being referred to as the ‘FC Act’
9 Hereinafter being referred to as the ‘Kapoor Committee’
[2024] 12 S.C.R. 1847
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
was then referred to the Central 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 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
10 Hereinafter being referred to as the ‘CEC’
1848 [2024] 12 S.C.R.
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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
[2024] 12 S.C.R. 1849
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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 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:
(i) Numerous Rundhs have already been documented as forests,
and the process of identifying and classifying additional areas
is ongoing.
1850 [2024] 12 S.C.R.
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(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-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 communities in
conserving Orans, Dev-vans, and Rundhs. These communities
[2024] 12 S.C.R. 1851
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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, 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.
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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.”
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 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.
11 Hereinafter being referred to as ‘Forest Rights Act’.
[2024] 12 S.C.R. 1853
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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 & Others:12
“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.”
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:
“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
12 (2013) 6 SCC 476
1854 [2024] 12 S.C.R.
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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 India,13 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 of India,14 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.
13 (2006) 1 SCC 1
14 (2013) 8 SCC 234
15 Hereinafter being referred to as ‘NWAP’
[2024] 12 S.C.R. 1855
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
(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
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 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
1856 [2024] 12 S.C.R.
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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.
(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 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.
[2024] 12 S.C.R. 1857
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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 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 Others,16
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 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
16 (2009) 5 SCC 373
1858 [2024] 12 S.C.R.
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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 Thirumulpad,17 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”, 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
17 Supra
[2024] 12 S.C.R. 1859
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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 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—
1860 [2024] 12 S.C.R.
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(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—
(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;
[2024] 12 S.C.R. 1861
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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;
(vi) eco-tourism facilities included in the Forest
Working Plan or Wildlife Management Plan or Tiger
Conservation Plan or Working Scheme of that area;
and
(vii) 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:—
(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
1862 [2024] 12 S.C.R.
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traditionally collected within or outside village
boundaries;
(s) 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
[2024] 12 S.C.R. 1863
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
are not 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:
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“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)
[2024] 12 S.C.R. 1865
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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,
and have access in privacy to their religious and
1866 [2024] 12 S.C.R.
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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 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
[2024] 12 S.C.R. 1867
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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 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 Yojna”18 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
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
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.
1868 [2024] 12 S.C.R.
Supreme Court Reports
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 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, 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.
[2024] 12 S.C.R. 1869
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
(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.
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. Name S. Name
No. No.
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
1870 [2024] 12 S.C.R.
Supreme Court Reports
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
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 Aashram/ 79. Ramdevbaba ki Bani
Tapowan
30. Bheruji ki Bani 80. Jagdishji ki Bani
31. Shree Daneshwar 81. Kotdadham Hanumanji
Mahadev
[2024] 12 S.C.R. 1871
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
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 100. Potalia Bheruji ki Bani
ka Oran
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
1872 [2024] 12 S.C.R.
Supreme Court Reports
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.
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 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.
[2024] 12 S.C.R. 1873
In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
(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 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 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
1874 [2024] 12 S.C.R.
Supreme Court Reports
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 India,19 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 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.
62. Accordingly, I.A. No. 41723 of 2022 is disposed of.
Result of the Case: Directions issued.
†
Headnotes prepared by: Divya Pandey
19 Supra
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