Context: 

The Kerala government has brought in a Bill to amend the Kerela Forest Act 1961.

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• Farmer organizations are expressing concerns about the proposed amendments, stating that they will negatively impact the residents of approximately 430 village panchayats.
• The Kerala Forest Act of 1961 is a crucial piece of legislation that governs the protection and management of forests in the state of Kerala.

Objective of the Bill

The primary objective is to address the illegal dumping of waste in forest areas. 

• It seeks to penalize those who discard waste into rivers running through or feeding forest regions. 

Controversial Amendments

Power to arrest or detain without warrant: The draft empowers forest officers to arrest or detain individuals 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 Excessive Powers of a Forest Officer:

• The proposed changes expand the definition of ‘forest officer’ to include beat officers, tribal watchers, and forest watchers, granting them powers previously held only by senior officials. 
• The Bill authorizes beat forest officers to halt vehicles, conduct searches, and inspect buildings, premises, or personal belongings. 
• If someone is found in possession of forest produce, it will be presumed to be illegal unless proven otherwise. 
• Critics argue that this reversal of the burden of proof could result in harassment and undue hardship for ordinary citizens.
• Many of these forest staff roles are filled temporarily with political influence thus leading to concerns of unfair enforcement and abuse of power.
• The forest officer can arrest or detain individuals without a warrant if they are suspected of committing a forest-related offence (even outside forests). 

Control Over Rivers Flowing into Forests:

• The Bill also extends the jurisdiction of the forest department to include rivers flowing into forest regions. Under this provision, dumping waste into these rivers, even outside forest zones, could be deemed a violation. 
• Given that many of Kerala’s rivers pass through populated areas before reaching forests, locals fear that this clause could invite legal complications in relation to forest offences.

Increased Penalties for Forest Offences:

• The amendments suggest a significant rise in fines for forest offences.
• The fine for minor forest offences has increased from Rs 1,000 to Rs 25,000.
• Other penalties, previously around Rs 25,000, are set to rise to Rs 50,000.

Certification whether a product is ‘forest’ or not: It 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.