Who is better placed to ensure effective outcomes, and how should each support the other? While emphasizing the critical role played by communities in managing sacred groves, the judgment has tipped the scale in favour of the State taking the lead. With the government's chequered record on the subject, it remains unclear if the apex court's directions will make a meaningful difference. The judgment, though well-intentioned, deserves critical scrutiny.
The case is related to orans, sacred groves in Rajasthan, which are sites of religious significance and essential pastures for livestock in this dry region. Land-use changes and weak governance have caused the deterioration of many orans, especially on public lands. With sparse tree cover, they lack the legal protection afforded to forests, easing encroachment. Recently, large solar power projects have emerged as a threat.
While contrasting the historical stewardship of orans by communities with the State's delayed and diluted efforts to protect them, the judgment places excessive reliance on the State for action. The implementation of the Court's directions in 1996 to safeguard non-recorded forest lands by declaring them as deemed forests has, in the case of orans, been mired in bureaucratic delays.
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