Kerala Forest Act Amendment Sparks Controversy

January 6, 2025

The Kerala government has introduced a Bill to amend the Kerala Forest Act of 1961. This Bill is set to be debated in the upcoming session of the state Assembly. Farmer organisations have expressed concerns regarding the proposed amendments. They argue that the changes will negatively impact the lives of residents in approximately 430 village panchayats.

Objective of the Bill

The primary aim of the Kerala Forest (Amendment) Bill, 2024, is to prevent the forest from being used as a dumping ground for waste materials. The Bill seeks to criminalise the act of dumping waste in rivers within forest areas or in bodies of water that lead into these regions. Additionally, it proposes to enhance the powers of forest officers and increase fines for various offences.

Controversial Amendments

One of the most contentious amendments is the provision allowing forest officers to arrest or detain individuals without a warrant. This power extends to those suspected of involvement in forest offences, even outside forest boundaries. The amendment also expands the definition of a ‘forest officer’ to include beat forest officers, tribal watchers, and forest watchers. Many of these positions are filled on a temporary basis and often rely on political recommendations, raising concerns about potential misuse of power.

Impact on Local Rivers

The Bill broadens the scope of the forest Act to include rivers that flow into forest areas. The legislation categorises the dumping of waste into these rivers as an offence. In Kerala, numerous rivers pass through populated areas before entering forest tracts. This change has raised fears that forest officials may assert control over river sections outside forested regions, leading to increased scrutiny and potential penalties for local residents.

Increased Penalties

The proposed amendments also include substantial increases in penalties for violations of the Act. For instance, the fine for minor forest crimes has surged from Rs 1,000 to Rs 25,000. Other fines have similarly doubled, with amounts previously set at Rs 25,000 now raised to Rs 50,000. This escalation in penalties aims to deter forest crimes but has sparked concerns regarding fairness and proportionality.

Excessive Powers Granted to Forest Officials

The amendments grant beat forest officers the authority to stop vehicles, conduct searches, and enter private properties. They can inspect buildings, land, and vehicles, presuming that any individual found with forest produce is unlawfully in possession of it until proven otherwise. This presumption of guilt has alarmed many, as it could lead to unjust actions against innocent individuals.

Certification of Forest Produce

Another change allows forest officials of the rank of range officer or higher to certify whether a product qualifies as forest produce. This provision raises concerns that officials may misuse their authority to seize trees or products from private lands, exacerbating tensions between local communities and forest authorities.

Kerala has 941 village panchayats, with 430 affected by the Bill.
The existing fine for minor forest offences was Rs 1,000.
Forest officers can arrest without a warrant under the new amendments.
Temporary forest staff can now wield powers.
Rivers flowing into forests are now under the purview of the forest Act.

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