India's sacred groves, revered as ecological and cultural treasures, are forest patches preserved by local communities due to their religious and ecological significance. These groves play a crucial role in biodiversity conservation, climate regulation, and cultural preservation. India is estimated to have over one hundred thousand sacred groves (Malhotra et al. 2000) scattered across the country, with sizes varying from less than 0.1 hectares to 100 hectares.

Mapping and Surveying Sacred Groves

Recent directives from the Supreme Court have emphasized the need for a comprehensive mapping and survey of sacred groves across India. This initiative aims to classify these groves as "forests" or "community reserves" under the Section 36 C Wildlife Protection Act (WLPA) of 1972. The mapping process involves satellite imagery and ground surveys to document the ecological and cultural significance of these groves. States like Rajasthan, known for its "Orans," have been at the forefront of this effort, showcasing the intricate relationship between local traditions and environmental stewardship.

The Supreme Court Case:

•       T.N. Godavarman v. Union of India (1996) established that any land with forest characteristics should be considered forest land.

•       Rajasthan’s expert committee (2004) identified sacred groves as forests only if they met specific criteria (e.g., 5 hectares with 200+ trees per hectare).

•       The SC’s December 18, 2024 ruling overrides this, directing that all sacred groves be mapped, classified as forests, and declared as community reserves.

Judgement PDF:

https://api.sci.gov.in/supremecourt/1995/2997/2997_1995_2_1501_58179_Judgement_18-Dec2024.pdf

                                                                                                          The SC’s December 18, 2024 ruling

Legal Framework and Community Involvement

The legal protection of sacred groves is intertwined with the Wildlife Protection Act and the Forest Rights Act (FRA) of 2006. While the WLPA focuses on conservation, the FRA recognizes the traditional rights of forest-dwelling communities. The Supreme Court's directive to classify sacred groves as community reserves has sparked debates about balancing state-led conservation efforts with community autonomy. A co-management approach, involving both local communities and forest officials, is being explored to ensure sustainable governance.

According to recent Supreme Court directives, sacred groves in India should be legally protected as "community reserves" under the Wildlife Protection Act, 1972, with the Ministry of Environment, Forest and Climate Change (MoEFCC) leading efforts to designate and manage these areas, ensuring community participation in their conservation; essentially granting legal status to sacred groves by classifying them as community reserves under Section 36-C of the Wildlife Protection Act. 

Wild Life (Protection Act) 1972 (Last Updated 1-4-2023) https://www.indiacode.nic.in/bitstream/123456789/1726/1/a1972-53.pdf

                                                                                                                         Section 36 C Wildlife Protection Act (WLPA) of 1972

Sacred groves in India are protected under several legal frameworks that recognize their ecological and cultural significance:

1. Wildlife Protection Act, 1972: This act empowers state governments to declare sacred groves as "community reserves," ensuring their protection and conservation.
2. Forest Rights Act, 2006: This act acknowledges the traditional rights of forest-dwelling communities, allowing them to manage and conserve sacred groves.
3. National Forest Policy, 1988: This policy encourages community participation in the protection and improvement of forest patches, including sacred groves.
4. Supreme Court Directives: Recent rulings have emphasized the need for mapping and classifying sacred groves as forests or community reserves, ensuring their legal protection.

What the Supreme Court has directed?

•      Granting legal protection to sacred groves under the Wildlife Protection Act, 1972 all over India 

•      Involving local communities in the protection of sacred groves 

•      Empowering traditional communities as custodians of sacred groves 

•      Ensuring that sacred groves are not reduced in size due to human activities 

What the MoEFCC is doing?

·         Developing a policy to manage sacred groves  

·         Creating a plan to survey & Map existing sacred groves across the country 

·         Working with state governments and local communities to protect sacred groves

·         Working with the Forest Department to ensure compliance with Supreme Court directives 

Expanding India's Green Cover

India's green cover has seen a steady increase, with the latest reports indicating that 25.17% of the country's geographical area is under forest and tree cover. States like Madhya Pradesh, Arunachal Pradesh lead in forest area, while northeastern states like Mizoram have shown significant improvements. Sacred groves contribute to this green cover, acting as biodiversity hotspots and carbon sinks.

Here's a glimpse of how they differ across regions in India:

1. Tamil Nadu: Known as "Puthupet Sacred Grove," these are revered for native flora and rituals dedicated to local deities.
2. Kerala: Called "Kavus" (e.g., Iringole Kavu), these groves are linked with Theyyam rituals and are rich in biodiversity.
3. Karnataka: "Devara Kadu" are maintained for forest deities and serve as habitats for rare wildlife.
4. Maharashtra: "Devrais" Janani Aai Devrai: Situated in Mangaon Taluka, Pune district, this grove is linked to historical figures like Jijabai, Shivaji Maharaj's mother.
5. Rajasthan: "Orans" (e.g., Khejarli) serve as grazing grounds and water sources, reflecting Bishnoi community conservation ethos.
6. Himachal Pradesh: "Dev Van" protects unique Himalayan flora and is associated with worship of local deities.
7. Meghalaya: "Law Kyntang" are sacred spaces preserved by Khasi tribes, central to animistic traditions.
8. Odisha: "Jahera" are worshipped as abodes of village deities, ensuring community-based protection.

These groves are not only cultural treasures but also play a vital role in conserving biodiversity and regulating local climates.

Scope of Protection

The Supreme Court of India has issued directives regarding the classification and protection of sacred groves across states as "Community Reserves". However, this might differ a bit on case to case basis, as decided by the state according to other environmental laws and their locations on private, community on government lands. Sacred groves can be declared under various protective categories in India, depending on their ecological, cultural, and community significance. Here's how they can be safeguarded:

1. Community Reserves: Sacred groves can be recognized as community reserves  under the Wildlife Protection Act, 1972. This category encourages community involvement while providing legal protection for conservation.

2. Protected Forests: They can be included as Protected Forests under the Indian Forest Act, 1927, allowing state governments to regulate activities for their protection.

3. Biodiversity Heritage Sites (BHS): Under the Biological Diversity Act, 2002, ecologically and culturally significant areas like sacred groves can be designated as Biodiversity Heritage Sites. This acknowledges their importance and ensures their conservation.

4. Conservation Reserves: In some cases, groves near wildlife habitats can be declared conservation reserves, fostering sustainable practices while protecting biodiversity.

5. Ecologically Sensitive Areas (ESA): Sacred groves could be identified as ESAs under environmental regulations, restricting harmful activities like construction or deforestation in their vicinity.

Challenges and the Way Forward

Despite their importance, sacred groves face threats from urbanization, climate change, and cultural shifts. Encroachments and the loss of traditional knowledge further endanger these green sanctuaries. To address these challenges, a national policy for sacred grove conservation is essential. This policy should integrate scientific research, community participation, and legal frameworks to protect these ecological and cultural treasures.

Following the Supreme Court verdict, the Ministry of Environment, Forest and Climate Change (MoEFCC) and the state forest department face the monumental task of surveying, mapping, documenting, and declaring these sacred groves as community reserves to protect them. Considering the ongoing loss of green cover, this initiative could be a game-changer for environmental conservation. Each state forest department, forest division working plan maintains a clause on details on sacred groves.

India's sacred groves are more than just patches of greenery; they are living symbols of the country's rich heritage and commitment to environmental conservation. By safeguarding these groves, India not only preserves its past but also secures a sustainable future.

Author: Vandana Chaudhary, Co-Founder Rolling Nature & Founder Initiative Earth