Legal experts say declaring sacred groves as deemed forest will not hinder community rights
Demoselle Cranes near Khichan, close to Jodhpur, Rajasthan. Photo: iStock
A recent state government notification has struck fear in Rajasthan community dwellers about losing access to forest produce and livelihoods. Communities, particularly those in western Rajasthan, are concerned about the state’s proposal to classify orans (sacred groves) as deemed forests.
A notification over the declaration of oran and ecological areas as deemed forest was released on February 1, 2024. It stated that as per the directives of Supreme Court, oran, Dev-vans and Rundhs as forest lands will be given the status of deemed forest. The notification also calls for objections and issues by locals if any by March 3, 2024.
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Sumer Singh from Savata village in Jaisalmer said that members of his community through representation of organisation ‘Gauchar Oran Sanrakshak Sangh Rajasthan’ have raised objections to the decision. The community has a close relationship with orans, which hold cultural and religious significance, said Singh. “The villagers use the forest area for cattle herding, pastures and sustenance. There are at least 5,000 camels and 50,000 sheep dependent on the Degray oran located in our village,” he added. The villagers use gum, timber, forest produce and wild vegetables from orans for their livelihood and daily use. Communities believe that once the oran is declared as deemed forest, they will be deprived of forest produce and access for herds and sheep in the forest area, Singh told Down To Earth. Some of their houses are also located within the proximity of oran. “These people will have to vacate the land if the state forest department takes over. These concerns are legitimate as even the places of worship, last rites and religious events take place inside the oran and are related to the trees, water bodies and other entities of the scared groves,” he added. In a letter submitted to the district collector, the organisation emphasised that the oran land and neighbouring villages are interconnected and used for moving around, so restrictions in forests will affect the movement. Singh alleged that no representative from the government approached the community members for consultation or hearing before proposing these lands under the said category. He also pointed out discrepancies in the Kapoor Committee report released in 2004 and the recent notification issued by the Rajasthan government.
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“Moreover, the government has not issued clarity in terms of guidelines or rules after these orans were marked in the deemed forest category. There are many temples, places of worship and registered land under different ownership. Hence, the use of land contradicts the definition of forest if the 1996 Godavarman judgment is to be applied,” he added. In the written requisition sent to the district collector, the villagers said that oran land mainly falls in desert areas, so the dictionary meaning of forest is not applicable. “Though the SC’s intentions to conserve forests are appreciated, the orans do not fulfil these criteria,” he said. Parul Gupta, conservation lawyer practising before SC and National Green Tribunal, said deemed forests are areas that have the characteristics of forests but are neither notified nor recorded in the government or revenue records. “Thus, to protect such lands from further degradation, the SC in TN Godavarman matter, by an order dated December 12, 1996, directed the state governments to identify such lands and stated that all ‘forest’ including deemed forests, will be covered under Section 2 of the Forest (Conservation) Act, 1980,” she said. Gupta is representing an applicant in an intervention application in the Godavarman matter. The provisions under Section 2 prohibit non-forestry activity such as mining, deforestation, quarrying or building infrastructure projects on such forest land without permission from the central government. “However, the move does not restrict any person or community from accessing the forest for grazing or worshipping,” she said.
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In a rejoinder submitted to the court on February 3, 2023, the application stated the list is incomplete and the state must file a proper list with complete details and description of these lands, Gupta added. The matter is now listed for hearing on March 11, 2024. Debadityo Sinha, senior resident fellow and lead of the climate and ecosystems team at think tank Vidhi Centre for Legal Policy, said, “It’s natural for people to be concerned about their rights, especially when there is a lack of public information explaining what a ‘deemed forest’ is and how it affects them.” Sinha added Rajasthan government should clarify the concerns raised by people and assure them that their rights in these traditionally conserved areas will not be affected.
Read more: Jaisalmer villagers march 225 kilometres to get sacred groves listed as ‘oran land’
Sumer Singh from Savata village in Jaisalmer said that members of his community through representation of organisation ‘Gauchar Oran Sanrakshak Sangh Rajasthan’ have raised objections to the decision. The community has a close relationship with orans, which hold cultural and religious significance, said Singh. “The villagers use the forest area for cattle herding, pastures and sustenance. There are at least 5,000 camels and 50,000 sheep dependent on the Degray oran located in our village,” he added. The villagers use gum, timber, forest produce and wild vegetables from orans for their livelihood and daily use. Communities believe that once the oran is declared as deemed forest, they will be deprived of forest produce and access for herds and sheep in the forest area, Singh told Down To Earth. Some of their houses are also located within the proximity of oran. “These people will have to vacate the land if the state forest department takes over. These concerns are legitimate as even the places of worship, last rites and religious events take place inside the oran and are related to the trees, water bodies and other entities of the scared groves,” he added. In a letter submitted to the district collector, the organisation emphasised that the oran land and neighbouring villages are interconnected and used for moving around, so restrictions in forests will affect the movement. Singh alleged that no representative from the government approached the community members for consultation or hearing before proposing these lands under the said category. He also pointed out discrepancies in the Kapoor Committee report released in 2004 and the recent notification issued by the Rajasthan government.
Read more: Vanishing oases
“Moreover, the government has not issued clarity in terms of guidelines or rules after these orans were marked in the deemed forest category. There are many temples, places of worship and registered land under different ownership. Hence, the use of land contradicts the definition of forest if the 1996 Godavarman judgment is to be applied,” he added. In the written requisition sent to the district collector, the villagers said that oran land mainly falls in desert areas, so the dictionary meaning of forest is not applicable. “Though the SC’s intentions to conserve forests are appreciated, the orans do not fulfil these criteria,” he said. Parul Gupta, conservation lawyer practising before SC and National Green Tribunal, said deemed forests are areas that have the characteristics of forests but are neither notified nor recorded in the government or revenue records. “Thus, to protect such lands from further degradation, the SC in TN Godavarman matter, by an order dated December 12, 1996, directed the state governments to identify such lands and stated that all ‘forest’ including deemed forests, will be covered under Section 2 of the Forest (Conservation) Act, 1980,” she said. Gupta is representing an applicant in an intervention application in the Godavarman matter. The provisions under Section 2 prohibit non-forestry activity such as mining, deforestation, quarrying or building infrastructure projects on such forest land without permission from the central government. “However, the move does not restrict any person or community from accessing the forest for grazing or worshipping,” she said.
Read more: An unusual contest: Great Indian Bustards vs great Indian green energy quest
In a rejoinder submitted to the court on February 3, 2023, the application stated the list is incomplete and the state must file a proper list with complete details and description of these lands, Gupta added. The matter is now listed for hearing on March 11, 2024. Debadityo Sinha, senior resident fellow and lead of the climate and ecosystems team at think tank Vidhi Centre for Legal Policy, said, “It’s natural for people to be concerned about their rights, especially when there is a lack of public information explaining what a ‘deemed forest’ is and how it affects them.” Sinha added Rajasthan government should clarify the concerns raised by people and assure them that their rights in these traditionally conserved areas will not be affected.
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