Introduction:

In the landmark case IN RE: T.N. Godavarman Thirumulpad v. Union of India and Ors., the Supreme Court addressed the conservation of sacred groves in Rajasthan, emphasizing their ecological and cultural importance. While deliberating on the issue, the Court also lauded the progressive Piplantri village model for planting 111 trees for every girl child born, an initiative led by its former Sarpanch, Shyam Sunder Paliwal. The bench, comprising Justices B.R. Gavai, S.V.N. Bhatti, and Sandeep Mehta, acknowledged the Piplantri model as a symbol of sustainable development and gender equality. Simultaneously, the Court directed the Rajasthan government to accelerate the identification, mapping, and notification of sacred groves as forests and recommended their protection under the Wildlife Protection Act, 1972. The case highlights the intersection of environmental preservation, cultural heritage, and community-driven initiatives.

Arguments of Both Sides:

The applicant sought formal recognition and legal protection for Rajasthan’s sacred groves, emphasizing their ecological significance and cultural reverence. Referring to the 2005 Centrally Empowered Committee (CEC) report, the applicant argued that despite the state’s efforts to notify these groves as forests, progress had been delayed. It was submitted that sacred groves act as biodiversity hotspots, aid in water conservation, and prevent desertification. The applicant also proposed extending protection under Section 36(c) of the Wildlife Protection Act, which allows for the designation of community reserves. Further, the applicant urged the Court to direct the identification and empowerment of traditional communities, who have historically conserved these groves, under the Forest Rights Act, 2006.

The Rajasthan government contended that the process of notifying sacred groves was ongoing but required more time due to logistical challenges, such as surveying and mapping. The government highlighted its steps toward conservation, including district-wise notifications and consultations with local communities. However, it did not oppose the creation of a formal policy or nationwide survey to ensure broader protection. The Ministry of Environment, Forest and Climate Change (MoEFCC) supported the applicant’s suggestions for a more structured approach, particularly the proposal to involve local communities in conservation efforts.

Court’s Judgment:

The Supreme Court, in its detailed judgment, underscored the urgent need for formal recognition and protection of sacred groves. It highlighted the ecological and cultural value of these areas, noting that they play a critical role in maintaining biodiversity, preventing soil erosion, and preserving water resources. Acknowledging the delay in notification, the Court directed the Rajasthan Forest Department to expedite the identification and mapping of sacred groves using on-ground and satellite methods. The Court set a deadline for completing the notification process in all districts and mandated their classification as forests under the 2005 CEC recommendations, irrespective of size or extent.

Further, the Court recommended extending legal protection to sacred groves under Section 36(c) of the Wildlife Protection Act. It reasoned that this would not only safeguard these areas but also recognize their cultural significance. Additionally, the Court directed the formation of a five-member committee to oversee compliance. The committee, to be headed by a retired Rajasthan High Court judge, will include representatives from the MoEFCC, Rajasthan’s Forest and Revenue Departments, and a domain expert, preferably a Chief Conservator of Forests.

The judgment also included several significant suggestions for sustainable governance. The Court recommended identifying traditional communities that have historically protected sacred groves and empowering them under the Forest Rights Act. It emphasized that these communities should be recognized as custodians and given authority to regulate access and prevent harmful activities in these areas. The Court highlighted the importance of integrating community-driven models like Piplantri into national policies, showcasing them as examples of sustainable development, environmental conservation, and gender equality.

Lauding the Piplantri model, the Court detailed its multifaceted impact: the plantation of over 40 lakh trees, a rise in the water table by 800-900 feet, climate cooling by 3-4 degrees, and economic benefits through sustainable livelihoods, especially for women. Socially, the model has eliminated harmful practices like female foeticide, increased the female population ratio to 52%, and ensured education for all girls in the village. The Court encouraged replicating such initiatives across the country, urging the government to provide financial assistance, enabling policies, and technical guidance.

To institutionalize sacred grove conservation, the Court directed the MoEFCC to develop a comprehensive policy. This includes conducting a nationwide survey to identify, map, and mark the boundaries of sacred groves, ensuring their protection against encroachment or deforestation. The Court stressed that such policies should balance environmental conservation with community rights, ensuring sustainable development and cultural preservation.