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The Hindu
28-07-2025
- Politics
- The Hindu
Commercial movies, TV serials cannot be shot in forests and other protected areas, says Kerala High Court
Maintaining that a 2013 Government Order (GO) on filming of commercial movies and TV serials in forest areas, national parks, wildlife sanctuaries, and tiger reserves did not have the force of law, the Kerala High Court has held that there is no legislation that permitted the shooting of commercial movies in such places. The State government's reliance on the GO and a fee that had been prescribed for shooting movies in such protected areas is without statutory support and a clear policy framework. Permitting commercial filmmaking and TV serials cannot be approached in a pedantic manner, and the State has to consider not only the statutory provision but also the settled principles of environmental governance, the court said. It further directed the government to issue appropriate follow-up instructions in this regard to Forest department officials within four weeks. The Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji issued the directive disposing of a petition by Angels Nair, general secretary of Animal Legal Force Integration, Ernakulam, challenging the permission granted to shoot a movie in a forest area.
Time of India
28-07-2025
- Politics
- Time of India
Govt order allowing film shoots in forests not legally valid, rules Kerala HC
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. Tired of too many ads? go ad free now 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. Tired of too many ads? go ad free now 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.
Time of India
11-06-2025
- Politics
- Time of India
Commercial film shoots in national parks: Kerala HC seeks state govt's views
Kochi: High court has asked the state govt to clarify whether commercial film shoots should be permitted in national parks, wildlife sanctuaries and tiger reserves. The bench of Chief Justice Nitin Jamdar and Justice Basant Balaji further enquired whether the state govt has any policy on the issue beyond prescribing shooting fees. The court was hearing an appeal by Angels Nair, general secretary of NGO Animal Legal Force Integration, Ernakulam. Nair's appeal raised concerns regarding the 2018 shoot of the Malayalam film Unda, including soil dumping in a reserved forest in Kasaragod. Responding to the petition, the forest and wildlife department's under secretary filed a counter-affidavit enclosing a GO that revises entry fees and security deposits for filming in protected areas. The order sets separate fee schedules for commercial, documentary and educational films. After examining the documents, the court questioned whether commercial shoots should be allowed at all in such areas. At the special govt pleader's request, the matter was adjourned to Jun 23 for instructions, and Manu Vyasan Peter was appointed amicus curiae.
