Supreme Court decision may limit orans’ community control

Source: The post Supreme Court decision may limit orans’ community control has been created, based on the article “The way to protect orans” published in “The Hindu” on 4th March 2025.

UPSC Syllabus Topic: GS Paper3- Environment-Conservation

Context: The article discusses the Supreme Court’s move to protect orans (sacred forests) in Rajasthan by formalizing their governance but argues that this may limit community control. It suggests empowering existing informal community institutions instead of imposing centralized formal regulations.

For detailed information on Implications of Supreme Court order on sacred groves read this article here

What are Orans and Why are They Important?

1. Orans are sacred forests in Rajasthan, preserved by local communities since pre-agrarian times.
2. Each oran has a local deity, and cutting trees is prohibited due to religious beliefs.
3. Orans enhance local fauna and support water sources by trapping runoff, increasing groundwater levels.
4. They are part of informal watershed management in some villages.
5. Orans hold socio-religious, ecological, and economic importance for local communities.

What Did the Supreme Court Decide About Orans?

1. In December 2024, the Supreme Court recognized the socio-cultural and ecological value of orans in T.N. Godavarman Thirumulpad v. Union of India.
2. It declared orans as “forests” under the Forest (Conservation) Act, 1980, ensuring legal protection.
3. The Court suggested declaring orans as “community reserves” under the Wildlife (Protection) Act, 1972.
4. It recommended classifying orans as “common forest land” under the Forest Rights Act, 2006.
5. The Court advised the Environment Ministry to create a comprehensive policy for orans, considering informal governance models.

What Problems Arise from Formalizing Orans?

1. Loss of Community Access: Local communities in Rajasthan fear losing access to orans if they are declared as “forests” under the Forest (Conservation) Act, 1980. Down To Earth reported this concern in May 2024.
2. Exemptions Dilute Protection: The Forest (Conservation) Amendment Act, 2023, exempts activities like zoos, safaris, and ecotourism from needing central approval for forest land use. This could open orans to such uses, undermining their conservation.
3. State Control Limits Local Governance: Declaring orans as “community reserves” under the Wildlife (Protection) Act, 1972, would place ultimate control with the State. Management committees would only handle managerial tasks, not decision-making.
4. Eligibility Barriers for Informal Institutions: Informal community institutions managing orans might not qualify for rights under the Forest Rights Act, 2006. They could lose management rights if they do not meet the Act’s criteria.

Question for practice:

Examine how the Supreme Court’s decision to formalize the governance of orans in Rajasthan might impact the traditional community-based management of these sacred forests.