The Supreme Court on Wednesday directed the Union of India and the State of Rajasthan to set up a five-member Committee, to be headed by a retired Rajasthan High Court judge, for the protection and preservation of the sacred groves of Rajasthan.
The Bench of Justice BR Gavai, Justice SVN Bhatti and Justice Sandeep Mehta passed the order on a petition seeking formal recognition, protection and preservation of the sacred grooves of Rajasthan.
Stressing on the ecological and cultural significance of the sacred groves, the Apex Court ordered the Union Ministry of Environment & Forest and the State Forest department, to jointly constitute the committee.
It said the committee should include as its members, the Chief Conservator of Forests, along with one senior officer each from the MoEFCC, the Rajasthan Forest Department, and the Rajasthan Revenue Department.
Complying with the Apex Court’s previous orders, the State of Rajasthan had started notifying sacred groves as forests through district-wise notifications, but there was a delay in the process.
The Bench today ordered the state’s Forest Department to carry out detailed on-ground and satellite mapping of each sacred grove. It said the process of surveying and notification should be completed in all districts, after which the same should be classified as forests (as recommended in the Centrally Empowered Committee report of 2005), regardless of the size and extent of the groves.
Referring to the list submitted by the applicant identifying 100 sacred groves in the State, the top court of the country ordered that the same be taken into consideration by the appropriate authority during the process of identification and notification.
It, however, noted that the list was not all-inclusive or exhaustive.
The petitioner sought protection and preservation of the sacred grooves of Rajasthan under the Wildlife Protection Act, 1972, especially through Section 36(c) (which allows for declaration of community reserves).
The Apex Court observed that bringing the sacred grooves of Rajasthan under the ambit of Section 36(c) of the Wildlife Protection Act, 1972, would legally protect these areas, recognising their role in biodiversity conservation and cultural practices.
The Bench directed the Rajasthan government to identify traditional communities that have historically protected sacred groves and designate these areas as community forest resources under Section 2(a) of the Forest Rights Act.
Noting the strong commitment shown by the traditional communities towards the conservation of culture and ecological environment, the Bench said their role as custodians of the same should be formally recognised under Section 5 of FRA.
In order to preserve the legacy of stewardship and promote sustainable conservation for future generations, these communities, along with Gram Sabhas and local institutions, should be granted authority to regularly access and prevent harmful activities. This would empower them to continue protecting wildlife, biodiversity and natural resources.
the Apex Court hailed the Piplantri village of Rajasthan for planting 111 trees on birth of every girl child. It suggested the government to take active measures for the implementation/replication of ideas like Piplantri model in other parts of the country, which would promote sustainable development and gender-equality.
Noting that Piplantri village model demonstrated how a community-driven initiative could effectively address social, economic and environmental challenges, the Bench suggested the government to support such ideas by providing financial assistance, creating enabling policies and offering technical guidance.
The Apex Court ordered the Ministry to create a comprehensive policy for the governance and management of sacred groves across the country.
It further directed MoEFCC to conduct a nationwide survey of sacred groves, identifying their area and location, as well as marking their boundaries.
The Bench said the boundaries shall remain flexible to accommodate natural growth, while ensuring strict protection against any reduction in size due to agricultural activities, human habitation and deforestation.
The top court of the country also directed the Ministry to create policies and programmes protecting the rights of the communities and involving them in forest conservation.
The Apex Court the matter for January 10, to take note on the constitution of the proposed committee.
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