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Protests are escalating in Kerala against a bill currently being considered in the state assembly. It seeks to amend the Kerala Forest Act of 1961 to enhance protection and conservation efforts in the state's forest areas, particularly in the Western Ghats region.
This bill is expected to be debated in the upcoming session of the state Assembly, scheduled for later this month.
This initiative comes in response to increasing human-animal conflicts, the impacts of climate change, and the declining green cover in the biodiversity-rich region.
While conservation experts and activists view it as a landmark measure for ensuring effective conservation, they are worried that the state’s Left Front government may weaken the bill’s stringent provisions due to pressure from major political parties, churches, highland farmers, and residents living near forested areas.
Recent incidents, such as the tragic trampling death of a tribal youth by a wild elephant in Malappuram, along with the midnight arrest of a member of the Legislative Assembly who led the protest against this incident, are putting pressure on the government to reconsider the amendments.
As soon as the bill was piloted, it raised concerns among settler farmers living on the fringes of the forests in the Western Ghats, a crucial voter base for the Kerala Congress (Mani), the third-largest party in the state’s ruling Left Democratic Front (LDF).
The party is objecting with its LDF partners, arguing that the legislation could alienate its core supporters and pose significant political challenges. The party’s leader, Jose K Mani, a member of the Rajya Sabha, has already voiced strong opposition to the bill, urging Chief Minister Pinarayi Vijayan to intervene before it is implemented.
“Section 63 of the proposed amendment is particularly concerning because it grants forest officers the unchecked power to make arrests without a magistrate’s order or warrant,” Mani told Down to Earth (DTE).
“This provision essentially allows forest officials to arrest any farmer without judicial oversight, leading to bureaucratic overreach,” he explained.
The opposition Congress and various Christian organisations have also joined the call against the amendments, stating that they will negatively impact the people living in approximately 430 village Panchayats in Kerala, which has 941 Panchayats.
Controversial legislation
As per the draft published by the Legislative Assembly, the objective of the Kerala Forest (Amendment) Bill 2024 is to prevent using the forest as a place for dumping waste materials. Under the proposed amendments, dumping waste materials in rivers within the forest area or in water bodies flowing into forest areas is to be made an offence. Besides, the bill envisages giving more power to forest officers and hiking manifold fines imposed for various offences.
According to a draft of the bill accessed by DTE, a provision permits a forest officer to arrest or detain any individual without a warrant if they are reasonably suspected of being involved in a forest offence. This provision enables a forest official to arrest or detain a person based on suspicion, even if the incident occurred outside forested areas.
The amendment has expanded the definition of a ‘forest officer’ to include the beat forest officer, tribal watcher, and forest watcher, allowing them to perform any functions of a forest officer under the Kerala Forest Act. Most of these watchers hold temporary positions and are appointed based on political party recommendations. Granting them the powers of a forest officer raises concerns about potential misuse.
Additionally, the bill has included rivers within the scope of the Forest Act regarding conservation. It states that dumping waste into rivers will be deemed an offence. In Kerala, many rivers pass through human settlements before entering forest areas. This has raised concerns that the amendment may grant forest officials authority over sections of rivers that lie outside forest boundaries, potentially subjecting residents to various forest-related offences.
Many offences under the Act currently carry minimal fines. Hence, these amounts have been increased. For instance, the existing fine of Rs 1,000 for petty forest crimes has been raised to Rs 25,000, while some other fines that were Rs 25,000 have now been increased to Rs 50,000.
A beat forest officer is authorised to stop any vehicle, conduct searches or inquiries, and enter and inspect any buildings, premises, land, vehicles, or vessels under the control of an individual. They can also examine any luggage or containers in that individual’s possession.
If someone is found to have possession, custody, or control of any forest produce, it will be assumed that they are unlawfully holding that produce unless they can prove otherwise.
The amendment grants powers to any forest official of the rank of a range officer or higher to certify whether a product is classified as ‘forest produce’. There are concerns that forest officials might misuse this authority to seize trees cut from private properties.
The Congress-led United Democratic Front (UDF) opposition criticised the Left government’s proposed amendments to the Kerala Forest Act, arguing that it gives excessive powers to officials, which could negatively impact the lives of farmers and tribals living in and around forests.
Congress leader and Leader of Opposition in the state Assembly, V D Satheesan, echoed the concerns raised by the church and the KC (M) regarding the proposed amendments to the forest law. He argued that these changes do not aim to protect people from increasing attacks by wild animals. Rather, they will create more issues for those living near forests. The weight of these criticisms is palpable.
Satheesan criticised the state government and political leadership for enacting laws without considering their impact on the community. “The new law grants excessive powers to forest department officials. Fines have been increased five-fold, and they now have the authority to conduct raids on people’s homes without a search warrant. This poses a challenge to individuals’ privacy. Farmers and tribal communities will bear the brunt of these measures,” the opposition leader added.
The Kerala Congress, led by P J Joseph, has also raised concerns about the bill’s implications for forest-fringe farmers.
Member of Parliament K Francis George alleged that the LDF government is attempting to evict 150,000 people from farmland across 430 Panchayats in the state by exploiting fears of wild animal attacks.
He stated, “By expanding the forest area, the government is eyeing Central funds and other benefits.”
As protests continue to grow, Kerala Forest Minister A.K. Saseendran has indicated that the stringent provisions in the bill will be reviewed.
Meanwhile, noted environmental activist N Badusha submitted a representation to the Kerala Forest Department, stating that the bill could be a crucial step towards reversing forest destruction and promoting sustainable management. He emphasised that Kerala could set a global precedent by passing the bill without diluting its provisions.
The bill’s key provisions include increased fines for destroying forest resources, measures to protect lakes and water bodies within and outside forest areas, and regulations on human activities such as fishing with explosives, dumping plastic waste, and entering forests with weapons. These measures aim to minimise harm to the environment and wildlife. Furthermore, environmentalists have pointed out that most of the fatal human-animal conflicts reported in the state occur in reserve forests.
“Such a bill is urgently needed. Forest-related crimes are increasing in the state, and there is a targeted and organised effort to attack conservation officials. During human-animal conflicts, forest offices, buildings, and vehicles often face mob attacks. It is simply propaganda to claim that the amendments grant extrajudicial powers to forest officials. These amendments align with our legal system,” stated Idukki-based environmental activist M N Jayachandran.