The Congress on Wednesday alleged that amendments made to the Forest (Conservation) Act in 2023 have effectively opened the door to the privatisation of forest management, pointing to a recent circular issued by the Union Ministry of Environment, Forests and Climate Change.

Congress general secretary and former environment minister Jairam Ramesh shared on X a screenshot of the January 2 circular related to amendments in guidelines specifying the terms and conditions for the assignment of forest land on lease.

“In August 2023, the Modi Government had bulldozed amendments to the Forest (Conservation) Act, 1980 through Parliament. Apart from renaming this law as the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, these amendments had introduced far-reaching changes in the legal regime for the governance of forests in the country,” Ramesh said in his post.

He said it had been pointed out at the time that the amendments would open the door for privatisation of forest management. “This is exactly what has happened as evidenced from the circular issued by the Union Ministry of Environment, Forests, and Climate Change on January 2, 2026,” Ramesh said, adding, “This is just the beginning.”

The circular cited by Ramesh states that “based on recommendation of Advisory Committee and approval of the said recommendations by competent authority, the Central Government with a view to align with the evolving framework for restoration of forest land and utilization of silviculturaly available sustainable harvest from forests and in accordance with provision of section 2(1)(i), and section 3C of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, hereby amend the sub para 14 of para 7.2 of the guidelines notified on 29.11.2023 and incorporated at para 7.2 of the Consolidated Guidelines.”

The amended provision adds that where a state government agrees to undertake assisted natural regeneration, including afforestation or plantation, for purposes mutually agreed between states or Union territories and government or non-government entities, such activities — carried out under an approved working or management plan and under the supervision of the state forest department — “shall be deemed to constitute forestry activities.”

Consequently the requirements of Compensatory Afforestation and payment of Net Present Value shall not be applicable to such activities, it said.

The state government shall, however, be at liberty to devise an appropriate framework for the utilisation of such plantations and for revenue sharing thereof, on a case-to-case basis, the circular said.

"Provided further that afforestation/plantations should be allowed by the State/UTs in accordance with a Detailed Project Report (DPR) to be prepared in consonance with provisions of the Working Plan and approved by the competent authority specifying the detail viz. extent of area, species proposed for plantations, activities proposed, silviculturaly available sustainable harvest for utilisation, etc.," the circular read.