# In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors

- **Citation:** 2024 INSC 997
- **Court:** Supreme Court of India
- **Decided:** 2024-12-18
- **Case number:** IA No. 41723 of 2022
- **Bench:** B.R. Gavai, S.V.N. Bhatti, Sandeep Mehta
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/in-re-t-n-godavarman-thirumulpad-v-union-of-india-ors-37232
- **Pages:** 37

## Headnote

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

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[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.
"प्रकृृतिं̩ं पुुरुषंं चैैव वि�द्ध्यनाादीी उभाावपि�।
वि�काारांंश्च गुुणांंश्चैैव वि�द्धिϚ प्रकृृति̩ सम्भवान््।।"
- 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)
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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.
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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; Devvans 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'
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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 ecosystems. 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.
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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.
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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.
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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
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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.
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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
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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.