The Kerala High Court recently held that there is no existing statutory provision or government policy which permits commercial film shoots in national parks, wildlife sanctuaries, tiger reserves, and other protected forest areas [Angels Nair v The Principal Secretary, Forest and Wildlife Department].

A Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji passed the judgment on a petition that raised concerns about the environmental damage allegedly caused during the 2018 shooting of the Mammootty-starrer 'Unda' at a reserve forest in Kasaragod.

In response to the petition, the State's Forest Department had produced a 2013 government order (GO) which listed the fees payable to shoot commercial films and/ or documentaries or educational films in forest areas.

However, the judgment passed by the Court today made it clear that this GO does not have the force of law and cannot be used to justify commercial film shoots in protected areas in violation of the Wild Life (Protection) Act of 1972.

"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 Wild Life (Protection) Act of 1972," the Court said.

The Court went on to direct the State government to issue directives to officers of the Forest department in accordance with its judgment.

The Court also clarified that in the case of any future amendments to statutory provisions or framing of any new policies permitting such shoots, the challenges raised in the petition against the validity of such policies can be agitated again.

Advocate Manu Vyasan Peter assisted the Court as amicus curiae.

The petitioner, Angels Nair, appeared in person.

Special government pleader TP Sajan appeared on behalf of the State.