THIRUVANANTHAPURAM: The amendment to the law that empowers even lower-level forest officials to arrest migrant farmers and forest tribals without a warrant and keep them in custody for long periods of time will not be implemented as such. It was also provided to repeal the current law that if it is believed that there has been a wrongful arrest or case, the forest department officer responsible can be imprisoned for six months and fined. The government backed down after the opposition, the Kerala Congress M and the Syro-Malabar Sabha, showed strong disapproval.

The controversy is over the Kerala Forest (Amendment) Bill 2024, which has been notified in draft form. The deadline for receiving complaints and suggestions from the public and organizations will be extended by one more week. The earlier deadline was December 31.

A petition was submitted to the Chief Minister under the leadership of Kerala Congress Chairman Jose K Mani. The UDF had also warned that a strong strike would begin.

Omnipotence to Forest Officers

Section 63(2):

• Officers from Section Forest Officer and above will be empowered to arrest without warrant any person obstructing the performance of the duties of the Forest Officer. This excessive power will surely backfire on hill farmers and tribal people.
• Permission to extend the time limit for producing those arrested by the forest guards at the police station. The powers under the existing law for DFOs to arrest anyone from the forest on suspicion will be available even to beat forest officers.

Section 52:

• Officers from Beat Forest Officer and above will be empowered to seize and confiscate evidence items in forest cases. This will pave the way for officials to torture and exploit the tribals who live solely on forest resources.

Pitfalls in Amendment

• Under Sections 27 and 62, residents of the area can be arrested without a warrant even if a stone falls from the Janta, which demarcates the forest boundary.
• Power to prohibit and regulate fishing from any part of the rivers of Kerala under Section 2 (BA).
• Section (52) empowers forest officials to search without warrant the house, vehicle or premises of any person on suspicion of committing an offence.

Public sentiment will be respected

"The draft was published to get feedback. The cabinet only gave permission to bring the bill to the assembly. After the bill is introduced to the assembly, it should go to the subject committee for scrutiny. In the meantime, the public can report complaints. Those amendments will be considered. The minister himself can bring an official amendment.

-AK Saseendran,

Forest Minister