The Kerala High Court has ruled that commercial film shootings cannot be permitted inside wildlife sanctuaries, national parks, tiger reserves, or any other protected forest areas in the absence of statutory approval, reported Bar and Bench. The judgment was delivered by a Division Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji, in a case concerning alleged environmental damage during the 2018 filming of Unda, a movie starring Malayalam actor Mammootty.
The petitioner, Angels Nair, argued that shooting in ecologically sensitive areas violates the Wildlife (Protection) Act, 1972, and sought judicial intervention to prevent such practices. In response, the State Forest Department produced a 2013 Government Order (GO) that prescribed fees for film and documentary shoots in forested areas.
Government order not legally tenable
The Court, however, held that the GO lacks the force of law and cannot be relied upon to justify commercial activity in areas protected under the Wildlife Act. “The Government Order dated 30th March, 2013, issued by the State of Kerala does not have the force of law to permit commercial filmmaking and commercial television serials in wildlife sanctuaries, national parks, and tiger reserves,” the Court observed.
The Bench directed the State government to issue fresh instructions to Forest Department officials to ensure compliance with the ruling.
Scope for future policy amendments
While issuing the ruling, the Court clarified that if the government amends the law or frames a new policy in future, any such move could still be subject to judicial review. The petitioner appeared in person, with Advocate Manu Vyasan Peter assisting as amicus curiae and Special Government Pleader TP Sajan representing the State.