Forest law changes may shift management to private players, says Congress

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, citing a recent circular issued by the Union Ministry of Environment, Forests and Climate Change as evidence.

Congress general secretary and former environment minister Jairam Ramesh shared a screenshot of the 2 January circular on social media platform X, arguing that it confirms concerns raised when the amendments were pushed through Parliament in August 2023.

At the time, the legislation was renamed the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 and introduced what the Congress described as sweeping changes to the legal framework governing forests.

“It had been pointed out then that these amendments would open the door for privatisation of forest management,” Ramesh said. “This is exactly what has happened, as evidenced by the circular issued on 2 January. And this is just the beginning.”

The circular refers to amendments to guidelines governing the assignment of forest land on lease, following recommendations of an advisory committee and approval by the competent authority.

It states that certain activities, including assisted natural regeneration, afforestation and plantations, undertaken for purposes mutually agreed between state governments and government or non-government entities will be deemed to constitute forestry activities, provided they are carried out under approved working or management plans and under the supervision of state forest departments.

Significantly, the circular says that such activities would be exempt from the requirements of compensatory afforestation and the payment of net present value (NPV), obligations that have traditionally applied when forest land is diverted for non-forest use.

While state governments will retain the freedom to frame their own mechanisms for utilisation of plantations and revenue sharing on a case-by-case basis, the Congress argues that this flexibility could weaken safeguards.

The circular also stipulates that afforestation and plantation activities must be backed by a detailed project report approved by the competent authority, specifying the area involved, species to be planted, proposed activities and the scope for sustainable harvesting.

The Congress maintains that allowing partnerships with non-government entities under this framework risks commercialising forest land under the guise of regeneration and conservation.

The government, however, has defended the amendments and subsequent guidelines as part of an evolving approach to forest restoration, sustainable use and climate goals, insisting that oversight by state forest departments remains central.

The issue is likely to sharpen political debate over forest governance, balancing ecological protection with economic use, as opposition parties accuse the Centre of diluting long-standing conservation principles through regulatory changes.

With agency inputs