LexIN RE: T.N. GODAVARMAN THIRUMULPAD versus UNION OF INDIA & ORS.
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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
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