Govt order allowing film shoots in forests not legally valid, rules Kerala HC

Time of India

28-07-2025

Kochi: High court has held that the state govt's order permitting commercial filmmaking and television serial production in wildlife sanctuaries, national parks and tiger reserves is not legally valid.
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A bench of Chief Justice Nitin Jamdar and Justice Basant Balaji also directed the state govt to issue appropriate follow-up instructions to forest department officers within four weeks. HC was considering an appeal by Angels Nair, general secretary of the NGO Animal Legal Force Integration, Ernakulam, which raised concerns about the 2018 shoot of the Malayalam film 'Unda', including allegations of soil dumping in a reserved forest in Kasaragod.
During the hearing, HC noted that the govt order issued on March 30, 2013 appeared to be primarily aimed at generating revenue. It drew a distinction between commercial films and television serials on the one hand, and educational or documentary films on the other, based solely on content type and applicable fees. The court observed that it was necessary to examine whether such activities are permissible under the applicable statutory framework and whether they are desirable, keeping in mind broader environmental objectives.
In the absence of any statutory provision or guidelines regulating such activity, the issuance of a govt order based merely on a fee structure cannot justify the granting of permission, HC said. It also pointed out that the phrase 'filmmaking without making any change in the habitat or causing any adverse impact to the habitat or wildlife' was only inserted into the Wildlife (Protection) Act, 1972 through a 2022 amendment.
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Before that, the Act referred only to 'photography.'
HC further observed that it is well established through several Supreme Court decisions that natural resources — such as forests, lakes and rivers — belong to the people, with the state acting as trustee. The state must manage these resources in a manner that serves the public interest and protects the environment. Under Article 48A of the Constitution, the state is also obligated to protect and improve the environment and safeguard forests and wildlife.
The court emphasised that the issue of permitting commercial filmmaking and TV serials cannot be approached in a narrow or technical manner. The state must consider not only statutory provisions but also established principles of environmental governance. In the absence of statutory backing, a policy framework, or duly framed rules, the court held that the impugned govt order is not valid.