Context:
In pursuance of the judgment of the Supreme Court of India, all sacred forests in Rajasthan known as orans were, from December 2024, protected under a High Court order recognising the socio-ecological and cultural significance of orans in T. N. Godavarman Thirumulpad v. Union of India. The ruling brought orans under the purview of the biodiversity-related laws, but the issue remains whether formalisation undermines community governance.
The meaning of Orans
- These are sacred groves maintained by local communities from time immemorial, each dedicated to some deity and with a complete ban against cutting trees.
- The ecological and economic functions they serve, among others, include:
- Support biodiversity
- Enhance sources of water by trapping runoff and raising underground water levels
- Community efforts at watershed management
Yet, despite the concern for mere empowerment of communities that the Court expressed, the whole idea of formalisation, as presented, makes one apprehensive:
Declare Orans as Forests under the Forest (Conservation) Act, 1980
- There is protection, but there are exceptions within the Forest Conservation Amendment Act, 2023 even for diversion of forest land for zoos, safaris and ecotourism-related activities.
- This may interfere with the age old practices of the communities, resulting in the limited access of local communities.
Declare Orans as Community Reserves under the Wildlife (Protection) Act, 1972.
- With regard to this Act, the governance committees would have a very limited capacity to make effective decisions with the control virtually being that of the State.
- This would risk undermining informal community institutions that are currently managing the orans.
Orans may become ‘Common Forest Land’ under the Forest Rights Act, 2006.
- Only eligible communities/individuals can claim rights, in all likelihood excluding informal governance structures preserving orans at present.
- There is a risk that bureaucratic obstacles may delay recognition of traditional rights.
Strengthening Community Led Governance
- It will not annul community institutions, but replace them with its own.
- There should be identifying functioning informal governance models for replication in similar contexts.
- Collaboration should be ensured between local communities, civil society, and the government.
- The State would be a backstop support while communities are fully entrusted with decision making authority.
While the Supreme Court’s ruling acknowledged the cultural and ecological significance of orans, the formalization could disturb traditional governance systems.
