No Commercial Shooting in Forests Without Legal Permit: Kerala HC
In a significant ruling, the Kerala High Court has declared that commercial shooting of films and TV serials in forest areas, sanctuaries, and national parks is illegal in the absence of a legal permit. The court’s verdict has put a significant check on the state government’s 2013 order allowing such shootings without obtaining necessary permissions.
The Kerala High Court’s judgment was delivered in response to a petition filed by the Wildlife Warden of the state, challenging the 2013 government order that allowed shooting commercial films and TV serials in forest areas, sanctuaries, and national parks. The Wildlife Warden had argued that the order was against the provisions of the Wild Life (Protection) Act, 1972, and was therefore illegal.
The court agreed with the Wildlife Warden’s contention, stating that the 2013 government order did not have the force of law for such issues. The High Court observed that the order was issued without considering the provisions of the Wild Life (Protection) Act, 1972, which is a Central Act. The court further held that the order was also violative of the Forest (Conservation) Act, 1980, and the Kerala Forest Act, 1961.
The court’s judgment has significant implications for the film industry in Kerala, which has been known to frequently shoot in forest areas, sanctuaries, and national parks without obtaining necessary permissions. The court’s ruling makes it clear that such shootings are illegal and can attract penalties under the Wild Life (Protection) Act, 1972.
The court has also directed the state government to issue appropriate instructions to the forest department to ensure that no commercial shooting takes place in forest areas, sanctuaries, and national parks without obtaining necessary permissions. The court has also asked the state government to take necessary steps to prevent any untoward incident that may occur due to such shootings.
The ruling is seen as a major victory for environmental activists and wildlife conservationists, who have been critical of the state government’s 2013 order allowing commercial shootings in forest areas, sanctuaries, and national parks. The activists had argued that such shootings were not only illegal but also posed a threat to the safety and well-being of animals and humans.
The Kerala High Court’s judgment is also seen as a blow to the film industry, which has been known to frequently shoot in forest areas, sanctuaries, and national parks without obtaining necessary permissions. The industry has been relying on the 2013 government order for permission to shoot in these areas, and the court’s ruling makes it clear that such permissions are illegal.
In conclusion, the Kerala High Court’s judgment is a significant step towards protecting the environment and wildlife in the state. The court’s ruling makes it clear that commercial shootings in forest areas, sanctuaries, and national parks are illegal and can attract penalties under the Wild Life (Protection) Act, 1972. The court’s direction to the state government to issue appropriate instructions to the forest department is also a significant step towards ensuring that such shootings do not take place in the future.
