The way to protect orans, Pg 6

Key Highlights

SC Verdict on Orans (Sacred Forests)

• T.N. Godavarman Thirumulpad v. Union of India (Dec 2024): SC recognized socio-ecological & cultural importance of orans in Rajasthan and directed formal governance for their conservation.

• Objective: Integrate orans under biodiversity laws while ensuring community participation.

Issues with Formalization

1. Forest Conservation Act, 1980:

   • Declaring orans as forests ensures protection but also subjects them to exemptions (e.g., eco-tourism, safaris) that may dilute conservation efforts.

2. Wildlife Protection Act, 1972:

   • Declaring orans as community reserves shifts control to the State government, sidelining traditional governance structures.

3. Forest Rights Act, 2006:

   • Declaring orans as ‘common forest land’ does not guarantee community rights unless eligibility criteria are met, which informal institutions may fail to fulfill.

Community Concerns

• Local resistance (May 2024, Down to Earth report): Rajasthan’s communities fear formalization may lead to loss of access and traditional rights.

The Better Approach

• Comprehensive Policy Recommendation:

  • SC advised the Environment Ministry to develop a community-led governance policy rather than imposing centralized control.

• Empowering Local Institutions:

  • Instead of overriding informal governance, successful models of community-led conservation should be identified, strengthened, and replicated.

• Collaborative Decision-Making:

  • State, civil society, and communities must co-manage orans to ensure sustainability.

Analysis & Way Forward

• Formalization without local participation could harm conservation efforts.

• State-supported but community-driven governance models should be promoted to ensure ecological protection while preserving traditional rights.

Mains Mock Question:

"How can India balance formal legal protection and community-led conservation of sacred forests like orans? Suggest policy measures for effective governance."