The Kerala government has brought in a Bill to amend the Kerala Forest Act, 1961. The Bill is likely to be debated in the next session of the state Assembly, slated for later this month. Farmer organisations have raised concerns over the proposed amendments, saying they will adversely affect people living in 430-odd village panchayats (Kerala has 941 village panchayats). Here is a look at the Bill, its objective, and the controversial amendments proposed. Objective of the Bill 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. Dumping waste materials in rivers within the forest area or in water bodies flowing into forest areas are to be made offences under the proposed amendments. Besides, the Bill envisages giving more powers to forest officers, and also hikes manifold the fines imposed for various offences. Controversial amendments Power to arrest or detain without warrant: The draft has a section that allows a forest officer to arrest or detain any person without a warrant, if they are reasonably suspected of having been involved in any forest offence. This allows a forest official to arrest or detain a person with suspicion even outside the forest. More forest staff get powers of a forest officer: The amendment has brought the beat forest officer, tribal watcher and forest watcher into the definition of a 'forest officer', and they can discharge any function of a forest officer under the Kerala Forest Act. Most of the watchers are on temporary roll and are appointed on the basis of recommendations from political parties. Vesting them with the powers of a forest officer is likely to lead to misuse. Rivers flowing into forest: The Bill has brought rivers flowing into forest, apart from flowing through the forest tract, within the gamut of the forest Act as far as conservation is concerned. It says dumping of waste flowing into rivers will be made an offence. In Kerala, many rivers flow through human settlements before they enter into forest tracts. This led to the fear that the amendment will give forest officials right over stretches of rivers outside the forest, and local people will face various forest offences. Penalty increased: As most offences under the Act attract a meagre fine at present, the amount has been enhanced. For example, the existing fine of Rs 1,000 has been increased to Rs 25,000 for petty forest crimes. Certain other fines to the tune of Rs 25,000 have been increased to Rs 50,000. Excessive powers to forest officials: A beat forest officer can stop any vehicle, conduct search or inquiry or enter upon and search any building, premises, land, vehicles or vessels in occupation of such person, and open and search any baggage or containers in their possession. If it is found that a person is in possession, custody or control of any forest produce, it shall be presumed that such person is in unlawful possession, custody or control of the produce, until the contrary is proved. Certification whether a product is 'forest' or not: The amendment proposes powers for any forest official of the rank of a range officer or above to certify whether a product is forest produce or not. Some people fear that forest officials will misuse this condition to seize trees cut from private properties.
