ORANS
AND DEEMED FORESTS - ENVIRONMENT
News:
Villagers oppose declaring 'orans' as
deemed forests, fearing loss of access and livelihood
What's
in the news?
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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.
Orans:
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Orans are sacred spaces, which are rich in biodiversity and usually include a
water body.
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Communities in Rajasthan have been conserving these Orans for centuries and their
lives have been intricately linked around these spaces.
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Orans are also spaces where herders take
their livestock for grazing and are
places for communal congregations, festivals, and other social events, the
performance of which is linked to agrarian rhythms and the continued commitment
of the communities towards environmental conservation.
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The
community has a close relationship with orans, which hold cultural and
religious significance.
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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.
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The villagers use gum, timber, forest
produce and wild vegetables from orans for their livelihood and daily use.
Deemed
Forest:
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While the concept of deemed forests has not been clearly defined in any law
including the Forest Conservation Act of 1980, the Supreme Court in the case of
T N GODAVARMAN
THIRUMALPAD (1996) accepted a wide definition of forests under the Act.
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The word ‘forest’ must be understood
according to its dictionary meaning.
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This description covers all statutorily
recognised forests, whether designated as reserved, protected or otherwise for
the purpose of Section 2 (1) of the
Forest Conservation Act,” the Supreme Court said in its December 12, 1996
order.
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The term ‘forest land’ occurring in
Section 2 will not only include ‘forest’ as understood in the dictionary sense,
but also any areas recorded as forest in the government record irrespective of
the ownership.
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The provisions enacted in the Forest
Conservation Act 1980 for the conservation of forest and the matters connected
therewith must apply clearly to all forest so understood irrespective of the
ownership or classification thereof.
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Deemed
forest is forest land that hasn’t been recorded as such by the Centre or
States.
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The 1996 Godavarman verdict by the Supreme
Court enjoined States to bring in such unrecorded land that conformed to the
‘dictionary’ meaning of forest.
Controversy
over Recent amended Provisions of Forest (Conservation) Amendment act, 2023:
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The amended Act clearly specifies and
defines forest.
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The Forest
(Conservation) Act, 1980 to make it applicable to certain types of
land.
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These include land notified as a forest
under the Indian Forest Act, 1927 or in government records after the 1980 Act
came into effect.
○
The
Act will not be applicable for land converted to non-forest use before December
12, 1996.
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In other words, The concept of deemed forest is now removed.
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Protection under the Forest Act means that
land cannot be diverted without the consent of the Centre as well as gram
panchayats in the regions concerned.
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It also puts the onus on those diverting
land to grow trees on an equivalent plot of land twice the razed area, along
with a significant monetary penalty, thus acting as a deterrent to
deforestation.