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Context: In T.N. Godavarman Thirumulpad v. Union of India, the Supreme Court recognized the socio-ecological and cultural importance of orans and ordered their protection.
What are Orans?
- Orans are sacred groves in Rajasthan, preserved by local communities since ancient times.
- They are dedicated to local deities and have strong religious, ecological, and socio-economic significance.
- These forests contribute to groundwater conservation by trapping surface runoff, supporting traditional water sources, and enhancing biodiversity.
What was the Judgement?
- Conserve orans by formally recognizing them under biodiversity-related laws.
- Empower local communities to continue managing them.
- Bring orans under legal frameworks such as the Forest (Conservation) Act, 1980, Wildlife (Protection) Act, 1972, and Forest Rights Act, 2006 to ensure their preservation.
Why the Pathway Laid Down is Contentious?
Declaration as Forests Under the Forest (Conservation) Act, 1980
- This provides protection but also exposes orans to loopholes.
- The Forest (Conservation) Amendment Act 2023 allows exemptions for zoos, safaris, and ecotourism projects, which can lead to commercial exploitation.
- Local communities fear losing access rights over orans due to bureaucratic control.
Designation as Community Reserves Under the Wildlife (Protection) Act, 1972
- Community reserves are managed by a committee with both State and community representation.
- However, local community involvement is limited to management, while the State retains decision-making power.
- This weakens the traditional informal governance that has successfully preserved the area for centuries.
Recognition as Common Forest Land Under the Forest Rights Act, 2006
- Only those meeting the eligibility criteria can claim rights.
- Informal community groups managing orans may not qualify, leading to exclusion.
A Better Approach
Rather than rigid formalization, a more community-centric and decentralized approach is needed:
Strengthen Community Governance Models
- Identify and replicate successful informal governance models in consultation with local communities.
- Ensure community-led conservation, supported (but not controlled) by the State.
Develop a Comprehensive Policy for Orans
- The Environment Ministry should standardize conservation efforts without replacing local institutions.
- Policies should recognize orans as sacred ecosystems with unique customary protection mechanisms.
Empower Local Communities Legally
- Ensure orans are governed under a special legal status that prevents commercial exploitation.
- Allow local institutions to retain control over decision-making and forest management.
Incentivize Conservation Efforts
- Provide financial and technical support to communities for sustainable management of orans.
- Implement ecological payment schemes to reward conservation efforts.