Discussing 'ASB: Land reform aafter independence in India.' in the Indian Writing and Indian Literature group

Discussions: ASB: Land reform aafter independence in India.

ASB: Land reform aafter independence in India.

Started by ophelia, Monday, June 30 2008. Last post Monday, June 30 2008.

Since I can't give a link, I am going to quote an article on this topic (http://www.empowerpoor.com/backgrounder.asp?report=188).

Land reforms in PACS Programme states

The objective of land reforms is to confer ownership of land rights to the landless, and give security of landholdings to marginal and small farmers.

Land redistribution can also have other positive impacts:

* It can decrease the cutting down and burning of forests for cultivating land.
* It can strengthen people’s livelihoods and prevent migration.
* It creates an opportunity for economic growth, and reduces poverty.
* It can pave the way for political participation at the grassroots level.

Article 39 of the Indian Constitution stipulates that states direct policies to ensure that all citizens have the right to adequate means of livelihood, and that all community resources be distributed so as to serve the common good. Land reform is carried out under this directive.

To realise this directive and fulfil various promises made during the freedom struggle and after Independence, the following has been done at the central government level:

* The Constitution has been amended 13 times to remove legal obstacles to land reform.
* The right to property was deleted from the list of fundamental rights.
* Every Five-Year Plan has emphasised the need for land reform, and incorporated policy guidelines to ensure the same.
* Land being a ‘state’ subject, state governments were directed to introduce agricultural land ceiling acts, limit the size of landholdings, and redistribute excess land among landless and marginal farmers.

West Bengal was the first state to impose a ceiling on agricultural landholdings, by enacting the West Bengal Land Reforms Act, 1955. Other states too introduced land ceiling acts. In 1974-75, ceiling limits were further brought down in the face of an acute food crisis. Over 270 laws related to land reforms have so far been enacted in all the states.

Three major types of land reform have been enacted after Independence in India:

* The abolition of intermediaries.
* Regulation of the size of holdings through the imposition of ceilings on landholdings and redistribution, or through land consolidation.
* Settlement and regulation of tenancy.

Abolition of intermediaries

Pre-Independence, a large part of agricultural land was held by intermediaries under the zamindari, mahalwari and ryotwari systems. Tenant farmers who tilled this land were burdened by high rents and other forms of exploitation.

Legislation pertaining to the abolition of intermediaries began in the 1950s, with the Uttar Pradesh Abolition of Zamindari Act. By 1972, all states had passed laws to abolish intermediaries. The common principles were: (1) not to have any intermediary between the state and the cultivator, and (2) payment of compensation to the owner.

As a result of these enactments, 20 million cultivators became owners of the land they tilled, and nearly 57.7 lakh hectares got redistributed.

But the abolition of intermediaries failed to bring about significant changes in terms of reducing inequalities in landholdings, or improving the plight of sub-tenants, sharecroppers and agricultural labourers who did not have occupancy rights. Large and powerful zamindars were well compensated for their land, and acquired even more clout. These large landholders strove to stall future reforms such as landholding ceilings and surplus land redistribution.

Regulation of landholding size

By 1961-62, all states had passed laws enforcing ceilings on landholdings. The ceilings specified differed from state to state, on categories of land, and crop to crop. For example, Uttar Pradesh and West Bengal have ceilings of 40 acres and 25 acres for existing holdings, but 121 acres and 25 acres on future acquisitions. In Punjab, it ranges from 27 acres to 100 acres, in Rajasthan, 22 acres to 236 acres, and in Madhya Pradesh 25 acres to 75 acres.

The land owning unit also varies. In some states it is the family, while in others it is an individual landholder.

New policies introduced in 1971 tried to bring about uniformity, specifying the unit of holding for a family of five, and capping the ceiling at 28 acres of wet land and 54 acres of non-irrigated land. The policies also reduced exemptions for ceilings on landholdings.

Regulation of size of holdings through the imposition of ceilings and the distribution of land thus declared surplus, initially had a low impact due to generous ceiling limits as well as poor implementation of the law. Large landholders took advantage of loopholes in the law and lack of efficient land record systems to under-report holdings and transfer land to fictitious and benami holders.

However, land ceiling legislation has helped check the growth of large holdings. Some states have achieved better results from such reforms, notably West Bengal, Jammu and Kashmir and Assam.

Likewise, reforms in land consolidation have had a better impact in states like Uttar Pradesh, where agro-ecological conditions are conducive and the government has given a helping hand.

Tenancy reforms

Tenancy reforms were of three kinds:

# Regulation of rent.
# Security of tenure.
# Ownership rights to tenants.

To regulate rent paid by tenant farmers, the First Five-Year Plan laid down guidelines that rent should not exceed one-fifth to one-fourth of the total produce. All the states enacted laws broadly on these lines. Maximum rent varies from state to state. In Kerala, it ranges between one-fourth and one-third of total produce, while in Tamil Nadu it varies from one-third to 40%; in Andhra Pradesh it is one-fourth for irrigated land.

On security of tenure, state governments passed laws that aimed to:

* Prevent the unlawful eviction of tenants.
* Allow resumption of land by the owner only for personal cultivation.
* Ensure that tenants are assured the prescribed minimum area, in the event of eviction.

The laws apply differently in different states.

In most places, tenancy reforms have been counter-productive, for the following reasons:

* Sharecroppers who form the bulk of tenant cultivators have been excluded.
* Eviction of tenants continues under several pretexts.
* Tenancy has been concealed or shortened.
* Tenants get rotated, eroding the security of their tenure.
* Resumption rights for owner-cultivators have been misused in order to grab land.
* Fair rents are not uniform and not implemented in various states.
* Many tenants could not get ownership rights due to their inability to pay large compensation amounts.

It is only in West Bengal, to some extent Vidarbha, in Maharashtra, and some parts of Tamil Nadu that tenancies have been registered and secured. West Bengal’s tenancy reforms introduced in 1977, popularly known as Operation Barga, were successful because of the joint efforts of the government, panchayati raj institutions and activists.

Land reform legislation in PACS Programme states

Legislation enacted to bring about land reform varies across states in the following ways:

* Norms set for ceilings on landholdings.
* Category of land and landholding limits.
* Nature of tenancy reforms.

Bihar (including Jharkhand)

The key features of land reform in Bihar are:

* The Bihar Land Reforms Fixation of Ceiling Area and Acquisition of Surplus Land Act, 1961, stipulates a ceiling of 6 hectares per holding for irrigated land.
* The Act only provides for a ceiling, and does not extend to tenancy reform.
* The ceiling applies to both owned and tenanted land.
* There is no legal provision in the state to record informal tenancies. Thus, a tenant is unprotected and insecure.

Bihar has legislation for land consolidation, but it lacks implementation.

Madhya Pradesh (including Chhattisgarh)

The key features of land reform in Madhya Pradesh are:

* The Madhya Pradesh Ceiling on Agricultural Holding Act 1960 puts a ceiling of 7 hectares per holding of irrigated land. The Act provides for ceilings on landholdings only, and does not extend to tenancy reform.
* The ceiling applies to both owned and tenanted land.
* There is no legal ban on leasing or sharecropping.
* There is no fair rent legislation; the plight of the tenant is precarious.

Madhya Pradesh has recorded considerable progress in land consolidation.

Maharashtra

The key features of land reform in Maharashtra are:

* The Maharashtra Agricultural Land Reforms (Ceiling on Holdings) Act 1961 puts the ceiling at 7 hectares of irrigable land.
* While the Act pertains to both owned and tenancy land, the ceiling applies to owned land.

Considerable reform has been brought about in tenancy laws. Recording of informal tenancy in some parts of the state, notably Vidarbha, has been fairly successful. Likewise, substantial progress has been made in the consolidation of landholdings.

Uttar Pradesh

The key features of land reform in Uttar Pradesh are:

* The Uttar Pradesh Imposition of Ceiling on Land Holdings Act 1960 stipulates a ceiling of 7 hectares of owned irrigable land. The Act covers holdings; there are no tenancy reforms.
* Leasing is totally prohibited, except for ‘disabled persons’, unmarried, separated, divorced and widowed women. However, there is no legal protection even for this group.
* There is no fair rent legislation.
* Landowners are not even required to cultivate the land themselves, as in other states.

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Discussions: ASB: Land reform aafter independence in India.