Kerala High Court Flags Lack Of Policy On Commercial Film Shoots In Wildlife Reserves
The Kerala High Court has called upon the State government to clarify whether it has a defined policy governing the grant of permission for commercial film shootings in ecologically sensitive zones such as national parks, wildlife sanctuaries, tiger reserves, and other protected forest areas.
The petition stems from environmental concerns related to the 2018 filming of the Malayalam movie Unda, starring actor Mammootty. The film was allegedly shot in a reserve forest located in Kasaragod district, and the petitioner contended that the shoot caused considerable ecological damage.
A Division Bench of Chief Justice Nitin Jamdar and Justice Basant Balaji noted, “The question raised in this petition is whether a permission for commercial films would be desirable in the national parks, wildlife sanctuaries and tiger reserves and also whether the State has formulated any policy in this matter apart from fixing the rates, as indicated in the documents.”
The Petitioner, Angels Nair appeared in person, while Advocate T.P. Sajan appeared for the respondents.
In response to the writ, the State’s Forest Department presented a 2013 government order (GO), which primarily outlines the fee structure applicable for granting permission to shoot commercial films, documentaries, or educational videos within forested regions. The GO also mentions the security deposits required for such activities.
However, the High Court observed that the issue at hand extended beyond the mere fixing of rates or collection of fees. It emphasized that the core question was whether it was appropriate or desirable at all to permit commercial film shooting in ecologically fragile and protected areas like national parks and sanctuaries.
Importantly, the Court highlighted that the 2013 GO only dealt with the financial aspects of granting such permissions and did not contain any reference to a broader, well-structured policy that addresses the potential environmental implications of permitting film shoots in such areas.
Acknowledging the significance of the legal and environmental questions raised, and given the absence of a clear policy framework, the Court granted the State additional time to obtain appropriate instructions and respond. Accordingly, the matter has been adjourned for further hearing on June 23.
To assist the Court in examining the complex interplay of environmental protection and cultural/commercial activities, Advocate Manu Vyasan Peter has been appointed as Amicus Curiae in the matter.
Cause Title: Angels Nair v. The Principal Secretary & Ors.
