Kochi: The Kerala High Court on Monday restricted the implementation of a state government order that allowed the shooting of films and television serials in forest areas, including national parks, wildlife sanctuaries, and tiger reserves. The court asserted that the order dated 30.03.2013 (G.O. (MS) No. 37/2013/F&WLD) did not have the force of law, as it contravenes the provisions and scheme of the Wildlife (Protection) Act, 1972.

A division bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji made this pronouncement while considering a writ petition filed by Angels Nair, General Secretary of an NGO named Animal Legal Force Integration. The appeal was filed against a single-bench order which had directed the Central and State governments, along with top forest department officials, to consider whether additional conditions should be imposed while granting permission to use forest land for non-forest activities, to prevent damage to forests and wildlife.

While disposing of the petition, the High Court instructed the state government to issue proper directives to forest officials to prevent illegal shootings strictly.

“It is declared that the government order dated 30th March 2013, issued by the State of Kerala, does not have the force of law to permit commercial film making and commercial TV serials in wildlife sanctuaries, national parks, and tiger reserves, as it is contrary to the scheme of the Act of 1972, as elaborated above. The state government shall issue appropriate follow-up instructions to forest department officers accordingly within four weeks from today. If, in the future, an amendment is made to the statutory provisions or a policy is framed permitting commercial film-making and TV serials in wildlife sanctuaries, national parks, and tiger reserves, the validity of such enactment or policy may be challenged. As regards the other prayers made in the writ petition, reports have been filed, action has been initiated, and no further directions are necessary. The appeal is accordingly disposed of,” the judges stated.

A detailed judgment is awaited.

The petitioner had initially approached the Single Bench, alleging that the shooting of a movie in the forest caused substantial damage to the flora and fauna. He further alleged that large areas of forest land were filled with foreign red soil to make the location resemble the Chhattisgarh desert forest. It was also alleged that a new road was constructed illegally within the forest.

The appellant additionally claimed that large quantities of plastic, food waste, debris, nailed wooden planks, thermocol, plaster of Paris, glass bottles, broken glass, and liquor bottles were left in the forest, which were only cleared after he approached the Court.

The Single Judge noted that the movie shooting had been carried out after obtaining the necessary permissions. However, based on photographs submitted, the court observed that the dumping of gravel in the forest area, along with road construction and marshland alteration, had caused severe damage to the reserve forest and had substantially interfered with the natural environment. The Single Bench had directed the Central Government to conduct a detailed inquiry into the matter. This judgment was the subject of the current appeal.

(With Live Law inputs)