After selling it as a timely reform of an archaic conservation law, the LDF Government on Wednesday decided to place the controversial Kerala Forest (Amendment) Bill, 2024, on the back burner. 

"The government does not want to go ahead without solving the various concerns of farmers and those in the high ranges," Chief Minister Pinarayi Vijayan told reporters after the Cabinet meeting. "No amendment that would cause problems for the people will be moved by this government," he said.

The withdrawal of the amendment comes two days before the Budget session of the Assembly, during which the amendment was supposed to be passed, and a day after former Nilambur MLA PV Anvar exhorted the opposition UDF to put up a spirited fight and block the amendment from being tabled in the House.

The UDF plan was to mount a mighty opposition against the amendment in the Assembly and then, after the Bill was passed, embark on a statewide 'Malayora Jatha' against the government.

Sensing that anti-government sentiments in the high ranges could be further amplified during the Assembly session, the government made a tactical retreat. Just a fortnight ago forest minister AK Saseendran had ridiculed those against the amendment suggesting that they were reactionaries opposing timely reforms. 

The amendment's stated objective was to prevent the dumping of waste materials such as plastics and biodegradable and non-degradable wastes in forest areas. The proposed amendment also listed a new set of forest offences under the Kerala Forest Act, 1961. 

A major reform in the amendment was the additional powers given to forest officers to enforce the wider application of the law. Sceptics called this "excessive."

According to the government, forest officers were given more power to overcome the practical difficulties and legal issues they faced. 

In the Kerala Forest Act, 1961, too, a forest officer could arrest any person suspected of having committed a forest offence without orders from a Magistrate and without a warrant. However, the arrested person had to be taken immediately to the nearest police station, and only police officers could take action against the accused.

The proposed amendment did away with the need to be taken to the nearest police station. In effect, this would authorise forest officials to deal with the accused like a police officer.

The amendment also includes a new list of punishable activities that could be problematic for those living along the forest fringes: dumping of waste in waterbodies inside the forest or flowing through the forest; feeding, teasing or molesting any wild animal; quarrying of sand; damaging, altering or removing structures of boundary demarcation like cairns and kayyalas; and fishing from water bodies.

The amendment was also an attempt to strengthen the fight against Naxalism/Maoism. The amendment allows forest officers to arrest and detain those entering the forest with "guns or explosives". 

This intention to crush Maoists is not just implied in the amendment. It is stated clearly in the 'statement of objects and reasons' of the proposed amendment bill. "Most forest offences take place inside the interior forest, and waiting for orders from a Magistrate or Superior Officers to arrest and detain the person may lead to the escape of culprits. Hence, such officers are to be empowered to arrest the culprits if found necessary. Therefore, the government has decided to give some more powers to Forest Officers," it says.