Supreme Court Issues Directions To Protect 'Sacred Groves', Lauds Rajasthan's Piplantri Village Initiative To Plant 111 Trees For Every Girl Child Born

While pronouncing judgment on an application in the TN Godavarman case, the Supreme Court today lauded Rajasthan's Piplantri village for its initiative to plant 111 trees for every girl child born.

A bench of Justices BR Gavai, SVN Bhatti and Sandeep Mehta, conveying its appreciation for the initiative, which was led by the village's "visionary" Sarpanch Shyam Sunder Paliwal, said,

"This initiative transformed environmental damage not only of the village but also of nearby areas. This phenomenal effort also gave positive impetus to the efforts for reducing societal biases against women. The Piplantri model has had many positive effects. Environmentally, over 40 lakh trees have been planted, which has helped raise the water table by about 800-900 feet and cooled the climate by 3-4 degrees. These efforts have improved the local biodiversity and protected the land from soil erosion and desertification. Economically, the planting of indigenous species...has created sustainable jobs...providing work especially for women...Socially, the model has helped eliminate harmful practices like female foeticide. The village now has rare distinction of a higher female population ratio ie 52% and ensures that all girls receive education. Financial support through [...] Yojana has empowered girls and their families in creating a community that celebrates and rejoices the birth of a girl child rather than resenting it."

The application on which the judgment was rendered related to "sacred groves" in Rajasthan. Pursuant to orders passed by the Court, Rajasthan government started notifying sacred groves as forests through district-wise notifications, but there was a delay in the process.

Today, the Court directed the state's Forest Department to carry out detailed on-ground and satellite mapping of each sacred grove. The process of surveying and notification was directed to be completed in all districts, after which the same shall be classified as forests (as recommended in the Centrally Empowered Committee report of 2005), regardless of the size and extent of the groves.

"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 has given a list identifying 100 sacred groves in Rajasthan...the list may be taken into consideration by the appropriate authority during the process of identification and notification. However, the list is not all-inclusive or exhaustive", the Court said.

Further, considering the ecological and cultural significance of the sacred groves, it was recommended that they be granted protection under the Wildlife Protection Act, 1972, especially through Section 36(c) (which allows for declaration of community reserves). "This would legally protect these areas, recognizing their role in biodiversity conservation and cultural practices."

To ensure compliance of the directions, the Court also directed constitution of a 5-member Committee by the Ministry of Environment, Union of India and Forest Department, Rajasthan. The same shall preferably be headed by a retired Rajasthan High Court judge and include:

- One domain expert, preferably a Chief Conservator of Forests;

- One senior officer from the MoEFCC;

- One senior officer each from the Forest Department and Revenue Department of Rajasthan government.

The judgment also included the following suggestions:

(i) 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 Forest Rights Act;

(ii) The traditional 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 FRA, they should be empowered alongwith Gram Sabhas and local institutions to continue protecting wildlife, biodiversity and natural resources. "Granting the communities authority to regulaer access and prevent harmful activities would preserve the legacy of stewardship and promote sustainable conservation for future generations."

(iii) Active measures are required at government level to ensure that ideas like Piplantri model are implemented/replicated in other parts of the country to promote sustainable development and gender-equality. The Central and state governments should support models like Piplantri village, "which demonstrate how community-driven initiatives can effectively address social, economic and environmental challenges". The same can be done by providing financial assistance, creating enabling policies and offering technical guidance.

(iv) The MoEFCC should create a comprehensive policy for the governance and management of sacred groves across the country. As part of the policy, the Ministry should also develop a plan for nation-wide survey of sacred groves. The survey should identify their area, location and extend and clearly mark their boundaries. The boundaries shall remain flexible to accommodate natural growth, while ensuring strict protection against any reduction in size due to agricultural activities, human habitation, deforestation, etc.

(v) MoEFCC should strive to create policies and programmes that protect the rights of the communities and involve them in forest conservation.

The matter has been listed on January 10, for report on compliance regarding constitution of the proposed committee.

Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995