The Kerala High Court has held that the government order issued on 30 March 2013, under G.O.(MS) No.37/2013/F&WLD, which allowed shooting of commercial films and television serials in forest regions, wildlife sanctuaries, national parks and tiger reserves, lacks legal validity. The bench led by the Chief Justice and comprising Justice Basant Balaji concluded that this order is inconsistent with and contrary to the framework and intent of the Wild Life (Protection) Act, 1972. The Court declared that this order cannot serve as lawful authority to permit commercial filming in protected forest areas.
The case originated from a writ appeal filed by an NGO, Animal Legal Force Integration, represented by its general secretary Angels Nair. The petitioner alleged that a film crew, after securing permission, inflicted substantial environmental damage through actions such as dumping foreign red soil over extensive tracts of forest land to simulate a desert landscape, constructing a new road illegally within the reserve forest, and leaving behind debris including plastics, wooden planks, bottles, thermocol and other waste. The petitioner argued that the activity had severely harmed the flora and fauna of the forest area. Photographic evidence was submitted to the court highlighting these disturbances.
A Single Judge had earlier directed the Central Government to conduct a detailed enquiry into the alleged violations. That judgment noted that dumping gravel and creating roads in the forest area rendered the land marshier and materially altered the natural environment, thereby damaging the reserve forest ecosystem and biodiversity. In response, a committee was constituted which found that while no permanent diversion of forest land had occurred, there were violations of the Wild Life (Protection) Act and other local laws. The committee report recommended that the State Government take action against the officials concerned, including the Divisional Forest Officer, Range Forest Officer, and Section Forest Officer for dereliction of duty. It further directed removal of the unauthorized soil mounds, recovery of the cost of removal from the film company, and forfeiture of the security deposit.
In its appellate judgment, the High Court examined the validity of the 2013 government order that purported to authorize film shoots in such ecologically sensitive areas. It held that allowing commercial filmmaking through such an administrative order runs counter to the scheme of forest conservation laws. The Court clarified that permission granted under the order does not nullify or override statutory protections enshrined in the Wild Life (Protection) Act. As a result, the government order was struck down as having no force of law.
The bench instructed the State Government to issue appropriate further directions to forest department officials within four weeks. It observed that if any future amendment to statutory provisions or a new policy is formulated to permit commercial filmmaking in such protected zones, the challenge to its validity would remain open. Other aspects raised in the writ petition, including reports filed and actions initiated, were noted, and no further directions were deemed necessary in those respects. The appeal was disposed of accordingly.
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