The kerala High court invalidated a 2013 order allowing commercial filming in protected areas, deeming it contrary to the Wildlife (Protection) Act, 1972.
In a significant ruling, the kerala High court on monday (July 28) held that the government order dated March 30, 2013 [G.O(MS) No.37/2013/F&WLD], which permitted shooting of commercial films and tv serials in forest areas, national parks, wildlife sanctuaries, and tiger reserves, did not carry the force of law.
The Court observed that the order went against the provisions and intent of the Wildlife (Protection) Act, 1972.
Kerala High Court’s Observations
A division bench comprising Chief Justice Nitin Jamdar and Justice Basant balaji disposed of a writ appeal challenging a Single Bench order. The earlier order had directed the Central and State governments, along with top forest officials, to examine whether further conditions needed to be imposed while granting permissions for non-forest activities, ensuring no damage to forests and wildlife.
While pronouncing the operative part of the judgment, the bench stated: "As a result, 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 contrary to the scheme of the Act of 1972 as elaborated above. The state government will issue appropriate follow-up instructions to the officers of the forest department accordingly within four weeks from today."
The judgement further stated, "If, in future, an amendment is carried out to statutory provision or a policy is framed permitting commercial film making, tv serials in wildlife sanctuaries, national parks and tiger reserves, then challenge to the validity of such enactment or policy is kept open. As regards other prayers made in the writ petition, reports have been filed, action has been initiated, and no further directions are necessary. Appeal is accordingly disposed of.”
The detailed judgment is awaited
Background of the Case
The appeal was filed by Angels Nair, general secretary of the NGO Animal Legal Force Integration, who initially approached the Single Bench alleging severe environmental damage caused by the shooting of a movie inside a forest area.
According to Nair, large stretches of forest land were filled with foreign red soil to replicate a chhattisgarh desert forest, and an illegal road was also constructed. The petition further claimed that after filming, large quantities of plastic waste, food debris, wooden planks with nails, thermocol, plaster of Paris, glass bottles, and liquor bottles were left in the forest, which were only removed after the matter reached court.
Findings of the Single Bench
The Single Judge noted that the movie shooting had been carried out with due permissions, but observed serious environmental damage. Based on photographic evidence, the court remarked that the dumping of gravel and creation of marshy roads caused significant harm to the reserve forest and disrupted the natural ecosystem.
The Single Bench had directed the central government to conduct a detailed inquiry into the matter. It was this order that was challenged before the Division Bench.
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