Policy brief series: No.

14; 2011 November-December

Policy Brief for Parliamentarians

Land Reforms in India: Unfinished Task

“Without land, you are nobody...You don't have a regular home, your husband is roaming about
somewhere for work, your children grow up anyhow, you cannot think of anything beyond tomorrow.”
- Sita Devi, Ekta Parishad activist

E
Landlessness is directly linked to rural poverty and causes a 'spiral of impoverishments'. Land is
not just a commodity, but an essential component of human dignity and well-being.

E
The most useful remedy lies in the drafting and implementation of effective land reform
legislation, which seeks to redistribute land fairly and equitably among the rural masses.

E
Unfortunately, political will to reform property rights in land has been weak.

E
Land reform legislation in India, where it exists, is riddled with gaps, inconsistencies and loopholes
and in dire need of review and reform.

E
Additionally, a more holistic legal framework is required, which will emphasise upon a
comprehensive package that includes support policies and protection of vulnerable groups.

Introduction As a parliamentarian, you are in a position to

In India, over 70% of the population resides in muster the political will necessary to overcome the
rural areas with majority depending on land based inadequacies of the present legal framework, and
activities for their livelihood. Studies have shown ensure land to all. This policy brief has been written
that owners of productive plots of land tend to be with the aim of familiarizing you with the
economically better off, and generally conform to at problems of the landless and the controversies,
least a minimum standard of living. They also have gaps and inconsistencies plaguing land reform in
greater bargaining power since they are in a India today, focusing particularly on the
position to control not only the direct benefits redistributive structure of land reform.
arising from their land, but also to share in the
benefits derived by labourers who work on their
Jan Samvad Satyagraha Yatra 2011-2012
land.
In order to bring the issue of land and
In this context, landlessness is the main cause of
livelihood rights to the forefront, Ekta Parishad,
rural poverty. In addition to food insecurity and under the leadership of Shri P.V. Rajagopal, has
vulnerability to exploitation, landlessness brings organised a year-long Yatra from Kanyakumari to
various obstacles in routine functioning of the New Delhi covering 24 states. As part of this Yatra,
agrarian system. In the absence of a legal title, it is about 100,000 people, representing different rural
communities will walk the 350 km from Gwalior to
difficult for the landless to obtain insurance for
Delhi, starting on October 2, 2012. The movement
their crops, loans from banks, avail of benefits from calls for the implementation of pro-poor
Government schemes such as Indira Awas Yojana, legislations and stresses on the idea that ensuring
etc. A common problem for the rural landless is the land rights, and not merely welfare programmes, is
inability to profit from their labour and investment. the key to reducing poverty in the country.

Policy Brief for Parliamentarians

Impact of landlessness on vulnerable groups expulsion from the house because of their lack of
Vulnerable groups of society, like women and bargaining power. Moreover, without land,
the scheduled castes and tribes, feel the adverse women are unable to stimulate their labour and
effects of landlessness more keenly. investment or harness their managerial talents.
This is evident particularly in areas where male
Women and Land Rights migration is high, and it is left to the woman to
Protest movements for land rights have seen make adequate use of credit and manage farm
significant participation from women, demanding resources.
individual land rights. Bina Agarwal points out Socially excluded groups
that the very concept of individual land rights for
women is not considered in economic theory, since Scheduled castes and scheduled tribes are also
the household is assumed to be one, single unit. particularly vulnerable due to landlessness. Across
This is problematic because it ignores the gender rural India, most people belonging to scheduled
dynamics within the household. castes and scheduled tribes are denied equitable
and fair access to land: either they do not possess
Women, if not given an explicit share in the land or it does not help them meet their basic needs.
family property, are vulnerable to abuse, and even These people do not have assured sources of food

Spotlight: National Council for Land Reforms

In 2007 for the first time the Central Government heard the voice of 25,000 landless poor in the
country, who walked to Delhi in ‘Janadesh Campaign’ as a voice of the deprived and marginalized in the
country. In response, the National Council for Land Reforms was formed in 2008 under the Chairmanship of
the Prime Minister to look into the unfinished task in land reforms. The council also includes 6 Union
Ministers - Minister for Rural Development, Agriculture, Panchayati Raj, Tribal Affairs, Environment and
Forests, and Social Justice and Empowerment, the Dy. Chairman, Planning Commission, 10 Chief Ministers
from the state of Andhra Pradesh, Bihar, Karnataka, Kerala, Maharashtra, Orissa, Rajasthan, Tripura, U.P.,
and West Bengal (although the other state ministers are not being included in the committee), and 8 Land
Experts and members of social organizations - Dr. Bina Agarwal, Institute of Economic growth, DU, Prof. G.K.
Chadha, Member, Economic Advisory Council to the Prime Minister, Prof. V.S. Vyas, Chairperson, Institute
for Development Studies, and Ekta Parishad President P.V. Rajagopal and others. Land Reforms as a
redistributive programme are in relevance as they were 50 years ago. Addressing historic inequities in land
ownership is central to the redistributive responsibility of our democracy. In spite of the fact that the National
Council had been formed back in 2008 there has been no proposition for meeting as of yet. Some agendas
undertaken for the projected first meeting of the National Council are:
lBoth the Central and State governments should come out with their respective Land Reforms and Use
Policy.
lGOI should launch a Centrally Sponsored Scheme to allocate at least 10 to 15 cents of land to each
homeless rural poor on priority basis.
lReview & Operationalization of PESA or The Panchayats (Extension to the Scheduled Areas) Act with
the expansion of the areas under it.
lEmpowering the ‘Land Use Board’ with enough resources undertaking the survey of Common
Property Resources and Capacity building through training.
lCurrent Status of Land Management with the Computerization of Land Records.
lCommunication from the Centre to States upon the issues like Reforms in Land Ceiling, and
Government, Bhoodan, Forest and Tribal Lands.
lCertain significant issues concerning the Land Reforms, like the empowerment of the Gram Sabha,
Ensuring Women Rights for Land, Governance issues and policies relating to Land, Tenancy-sub
tenancy issues, Role of the Panchayats in Land Management and Administration including in the
North Eastern States.

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or even a legally secure place to build a house. (e.g. fixing a land ceiling and redistributing surplus
Without an economic base, they cannot invest in land).
new livelihood options, or plan or save for the
Other than equity, the economic argument for
future. As a consequence, they are forced to accept
land reform centres on increasing agricultural
exploitative or humiliating terms of employment,
productivity. Studies indicate that small, self-
or migrate. Inevitably, poor health and education
owned farms are more productive than large
levels follow. In this scenario, giving these groups
holdings. Total output per hectare is higher on
land with clear and secure title is the first step
small farms, chiefly because their intensity of land
towards their social, economic and political
use is higher. If the farmer is also the owner of the
empowerment.
land, he is likely to make greater investments as he
Compulsory land acquisition has exacerbated will then be guaranteed the gains from the produce.
the already bleak situation of equitable land Increased agricultural productivity improves food
ownership in the country. Studies indicate that the security in the country.
number of tribals affected by acquisition is
India’s history of land reform legislation has
disproportionate to the number of non-tribals;
been erratic and its success partial at best.
certain tribal groups have faced multiple
According to the report of the rural development
displacements, up to five times in a single
ministry in 2000-01, only 1.3% of India’s arable land
generation. Compensation and rehabilitation have
has been redistributed. Of this, West Bengal
been virtually non-existent as those without legal
accounts for one-fifth of the total redistributed
titles are not considered eligible for rehabilitation.
land.
Compulsory acquisition creates a myriad of social,
cultural and economic problems associated with Moreover, land reform paradigm has in recent
loss of land including dismantling of production years, taken on a market-assisted form. Advocated
systems, disruption of trade and labour links, by agencies such as the World Bank and IMF, it
scattering of informal support systems, etc. leading attempts to accomplish land allocation by
to a ‘spiral of impoverishments’. ‘voluntary’ land market transactions where the
government’s role is restricted to establishing the
Land Reform as a solution
necessary framework and making available a land
The answer to the problems posed by purchase grant or loan to eligible beneficiaries.
landlessness lies in effective land reform legislation. However, the fundamental assumption behind the
Land reform is the market-assisted
redistribution of land form – that all
from those who have parties will be able to
excess of land to those effectively negotiate
who have none, with and barter their
the objective of demands – is flawed.
increasing the income The model does not
and bargaining take into account the
power of the rural asymmetry of
poor. Redistributive information and
policies seek to secure inequality of
land rights (e.g. bargaining power
formalisation of land that are major
records and legal features of a rural
protection of economy. As a
ownership rights) consequence,
a n d e n s u r e ‘voluntary’ land
redistributive rights market transactions

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cannot hope to strive towards equity without Article 39(b) explicitly highlights the need of the
deliberate policy interventions in support of the state to ensure “that the ownership and control of
poorer and marginalised sections of society. material resources of the community are so
distributed as best to subserve the common good.”
It is important to remember that the chief aim of
Among other things, Part IV also emphasizes upon
land reform is equity rather than productivity.
securing to all citizens an adequate means of
Land is not a commodity, and cannot be treated as
livelihood and a decent standard of living. Land
such in a welfare state like India. Treating land
reforms legislations have been placed in the ninth
solely as an economic asset ignores its human
schedule to guarantee their speedy
dimension and the extreme vulnerability and
implementation.
uncertainty of the landless person, who does not
have the ability or the resources to compete with a Issues and challenges of current framework
large corporation or with rich, influential farmers Entry 18 of List II of the Constitution brings
with large land holdings. land, and rights over land, under the domain of the
Legal Framework of land reform in India State Legislatures. As a consequence, the statutory
framework of land reform in the country is
Immediately after Independence, land reform
diverse. However, it seeks to serve the following
occupied centre-stage in Indian policy as it was
objectives –
considered essential for the process of nation-
building. In the current neo-liberal framework of a. Redistribution of ceiling surplus land to the
economic development, land reform has landless
unfortunately taken a back seat. However, with the b. Security of tenancy
recent trend across the continent, of increasing
landlessness and protests, both violent and c. Abolition of intermediaries
otherwise, against the government’s attitude, it is While the last objective is no longer a pressing a
necessary to bring land reform agenda back on the concern, success in achieving the first two goals
table. varies among the states. There exist obstacles to
The Constitution embodies the need for land identifying ceiling surplus land in the form of
reform in the Directive Principles of State Policy. common subterfuges such as dividing the land
between family members and benami transactions.

Excerpts from the interview with Shri D. Bandopadhyay,

Hon’ble Member of Parliament, Rajya Sabha

The present number of the landlessness has definitely grown higher from the last four decades since 1981.
Apropos, identification of the specific states coming under the concerned foray is essential. A cross sectional
nutritional study and current employment of those identified areas will detail us the clear picture of their
standard of livelihood. ‘Are they still worthy of living a life that of humans?’ … identifying the sector where
policy focus should be is crucial. Focusing on the IT sector will not suffice since the dispensation is only for the
rich and the affluent group and the common mass will be out of its purview. Definitely it doesn’t unravel the
setback of the redundancy. Favouring the industrial houses only aggravates the state of landlessness. So, even if
in this nation there is a growth in financial segment and capital flow, still the big vice exists in the form of
unemployment. The implication of the current literacy rate (74%) entails that the 26% of people living primarily
in the rural areas face the risk of joblessness. So, the major issue thus lies in the form of unemployment arising
out of landlessness. May be the example set by Gandhiji and then later Vinoba Bhave, and exemplars from
various other countries like Mexico where we have seen the social action undertaken not only addressed the
problem of landlessness as such but even had undeviating upshot upon the power structure back in 1911.
Basing on that the strong recommendation would be the “land reforms and redistribution of land” ensuring
the disadvantaged community to have their rights over land, which can be the solution to this existing
predicament.

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A related issue is the security of tenancy; along with subsidies. Land reform in Philippines is one of the
ensuring protection from arbitrary eviction and best examples to learn from, having successfully
overcharging of rent, land reform framework must redistributed 63% of the total land targeted, most of
also contend with the question of whether tenants which have been either public land or have been
are to be given ownership of the land. obtained through voluntary sale.
Unfortunately, the implementation of land Experiences from different states in India as
reform legislation has largely ignored the well as from other countries in South Asia show
importance of providing special protection to that land reform must be accompanied by other
women in granting them fair share of land. Nepal support services to be really successful. In
for example has a land reform law that pays special Philippines, after the collapse of the Marcos’
attention to the needs and issues of women. It is administration, land reform was made a priority
especially important that any programme of land under the Constitution and the Comprehensive
reform provides for special protection of women, Agrarian Reform Law (CARL) was implemented
especially those who are managing small farms. with wide ranging implications. Along with
Encouraging collective farming through self-help distribution of all agrarian land to the tillers,
groups, credit schemes and agricultural extension support services like credit, market access,
programmes designed for women can help resolve infrastructural facilities including irrigation, water,
this problem. roads, etc. were ensured to the farmers. The
Deliberate policy interventions that see a shift in government also used assistance of the civil society
policy in favour of small farm holdings are needed. groups to create cooperatives for transfer of
It has also been suggested by scholars that having a technology and promotion of entrepreneurship.
progressive land tax, based on the size of the Periodic assessments are carried out by research
ownership, could incentivise the sale of some of the groups to determine the effectiveness of the CARL
larger land possessions. While such options cannot and the CARP (Comprehensive Agrarian Reform
be discounted, they must be examined carefully Programme).
before steps are taken. Unfortunately, almost everywhere, land
Future of land reform reform has met with strong resistance from the
landed elite. During the Tebhaga movement in
Redistribution of public lands is an easy first West Bengal, the resistance to amendments in the
step in land reform. In Andhra Pradesh, farmers Bengal Tenancy Act was so great, that the
have been allowed to encroach on government government had to abandon the project. Enormous
waste land, and supported with asset and food political will is the key to attaining fruition of the

Chart: Unique features of certain land reform legislations

Philippines Comprehensive package, including credit, market access, infrastructure, etc.

Indonesia Management of the redistribution by the peasants themselves.
Nepal Women given individual land rights.
Andhra Pradesh Allowing encroachment on government waste land and providing asset subsidies.
West Bengal Determined recording of land and tenancy rights; setting up awareness camps for
farmers.
Kerala Field visits by the land record officials to ensure accurate documentation of land
boundaries.
Madhya Pradesh Constitution of district-level task forces for identification and regularisation of land.

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land reform agenda. Andhra Pradesh, where land procure ‘secure and productive’ land and
reform is being pursued with renewed vigour since redistribution rights.
2005, with an unprecedented efficiency and A bottom up approach is necessary for success
transparency, is a brilliant example of what political in land reform. Legislators must ensure
will can achieve. participation of the farmers in deciding
Experience further shows that simply boundaries, noting claims and complaints and
redistributing land from the rich to the poor may recording opinions and objectives of the village
not be enough to attain the objective of a more members. In Madhya Pradesh, the formation of
egalitarian rural society. First, an important district-level task forces to settle land related
problem that must be dealt with is the protection of grievances greatly aided the reform process. In
the redistributed land against land-grab. Often, due Kerala, the government officers went to the villages
to greater bargaining power and the use of muscle and spoke to the farmers to verify boundaries; in
power, landowners have been able to regain the West Bengal the government conducted camps to
land allotted to the farmers, either through sale or spread awareness and familiarise them with
through force. therefore, land reform law cannot official procedures.
stop only at redistribution of the land, but must also Policy Recommendations
ensure their security.
Awareness
l creation: Making farmers
Secondly, the land that is redistributed may aware of their rights and familiarising them
not be sufficient to meet the basic needs of those with official procedures will go a long way
who have newly acquired it. For instance, Ekta in building confidence and removing their
Parishad reports that in many cases where land fear of big landowners. At the same time,
was allotted to SC/ST families, the land was large landowners should be sensitised to
useless because either the plot belonged to the vulnerability of the landless and the
somebody else or was on stony, infertile land. important role of the owners in
Thus, any land reform measure must aim to ameliorating their situation. A simple step

Questions that remain Unanswered

l
Why, after more than 60 years of independence, the land redistribution program of the Government
remains incomplete; 240 million landless await justice and life with dignity?
l
Why are 110 million tribal and forest dwellers still being exploited and forced to wage a struggle for their
rights over land, forest and common property resources?
l
Why 140 million dalits are still being denied of their long overdue rights over land and life with dignity?
l
Why millions of nomads, herders, fisher-folk are, are being pushed to edge to surrender their rights and
make way for the corporations and mega-development projects?
l
Why are millions of hectares of agriculture and forest land being abstracted for mining, industry and
urbanization leading to the loss of livelihoods for millions of people?
l
Why women are still not recognised as 'farmers' and still being deprived of an equal share in land?
l
Why millions of people are being divested of their right over common property resources for the sake of
mines, dams and 'industrial zones'?
l
Why are traditional fisher-folk being forced to abandon their livelihood as their coastal lands get 'acquired'
for the mega port development ventures, destroying the eco-system?
l
Why are millions of land rights cases pending in the courts whereas their generations are long denied of
their right to livelihood and life with dignity?
These questions demand answers and Ekta Parishad has been at the fore of a long drawn people's struggle
raising these questions before the States Governments and the Government of India.

6 IMPF Policy
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 towards this would be making available all including easy credit facilities to farmers,
rules and guidelines in the local language. asset and food subsidies, infrastructural
Collective action: Government should
l
facilities, establishment of cooperatives,
facilitate organization of farmers’ groups etc.
and cooperatives so that they can lobby Drafting
l model central legislation: A
together for the fulfilment of their demands central legislation could be drafted that acts
and also act as protection against abuse and as a model for the states to use as a guide for
exploitation. Collective action, especially framing their own law. Such legislation
for women, through self-help groups can could suggest a common ceiling limit and
greatly aid their empowerment. include provisions for support facilities, etc.
Preventing
l loss of farmland: Farmers also mentioned earlier.
lose land by a high degree of distress sales Inclusion of special protection for women
l
done due to lack of access to institutional in legislation: It is important to make
credit, unfavourable pricing, contract special provisions for the protection of
farming, etc. Implementation of a Debt women, by ensuring them individual land
Relief Act to help with debt management as rights and granting equal status in credit
well as amendment to property law will and subsidy schemes.
help prevent loss of farmland. Periodic
l assessment of implementation:
Plugging
l loopholes in existing land Periodic assessment by independent
reform framework: Often, landowners research groups will help determine the
evade land ceiling laws by taking advantage effectiveness of the reform and make
of the loopholes in the existing system, by necessary changes.
selling or transferring land to family Updated
l recording of land title: In many
members or through other subterfuges. cases, existing land records are false or
Introducing
l a comprehensive reform obsolete, and these need to be updated and
package: A land reform legislation is not verified to reflect the actual situation.
complete without support policies and Moreover, documentation must be
hence it is necessary to ensure that a modernized and computerised.
comprehensive package is introduced,

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 Fast track
l courts on land disputes: Setting Bina Agarwal, A field of one’s own: Gender and Land Rights in
up of fast track courts for the adjudication of South-Asia, Press Syndicate of the University of Cambridge,
land disputes and dealing with grievances 1994.

related to land, can reduce the delays in Centre for Communication and Development Studies,
acquiring title and reduce harassment and Towards a People’s Land Policy: Discussion Paper, 2007.
expense. Cases that involve scheduled D. Bandhopadyay, Does Land Still Matter?, Economic and
castes and scheduled tribes should be given Political Weekly, 8 March 2008.
special cognizance. D. Bandhopadyay, Tebhaga Movement in Bengal: A
Retrospect, Economic and Political Weekly, 13 October 2001.
Strengthening
l National Land Reform
Council: The National Land Reform Kaushik Basu (eEd.), Land Reform in India, available at
econ.lse.ac.uk/staff/mghatak/landref.pdf
Council lacks mandatory powers as Land
Reform related issues essentially fall under Klaus Deininger and Hari Nagarajan, Land Policies and Land
Reform in India: Progress and Implications for the Future
the domain of state governments. This can
(Conference Draft), 17-18 July 2007.
be remedied by amending the Constitution
Manabi Majumdar, From Land Reforms to Land Markets: A
to include the National Land Reform
‘redistributive’ shift in West Bengal, Economic and Political
Council and giving it powers to, among Weekly, 6 December 2003.
other things, ensure proper implementation
Manoshi Mitra Das, Agrarian Reform: Lessons from the
of legislation. This is an important step in
Philippines, Economic and Political Weekly, 28 June 2008.
the struggle for emancipating the estimated
Manpreet Sethi, Land Reform in India: Issues and Challenges,
forty percent of our population that forms
a v a i l a b l e a t
the rural landless. www.foodfirst.org/files/bookstore/pdf/promisedland/4
Role
l of panchayats and gram sabhas: .pdf
Consultation with local bodies such as the Smitu Kothari, Whose Nation? The Displaced as victims of
gram sabha before framing rules on land displacement, Economic and Political Weekly, 15 June 1996.
distribution will ensure a more Wada Na Todo Abhiyan, Approaching Equity: Civil Society
participatory process and will also hold Inputs for the Approach Paper - 12th Five Year Plan, 2010.
greater chances of success, provided the
landed gentry is not given a greater say. Policy brief series: No. 14; 2011 November-December
Land Reforms in India : Unfinished Task
Select References:
Authors:
B.B. Mohanty, Land Distribution among Scheduled Castes Rimi jain* & Stella James*
and Tribes, Economic and Political Weekly, 16 October 2001. Editorial Inputs:
Bharat Dogra, Land Reforms, Productivity and Size, Sohini Karmakar (CLRA)
Economic and Political Weekly, 9 February 2002. Aneesh Thillenkery (Ekta Parishad†)

For private circulation only

For more information, contact: Centre for Legislative Research and Advocacy (CLRA), F-29, B.K. Dutt Colony, Jorbagh,
New Delhi-110003, Tel: 91-11-24640756, E-mail: info@clraindia.org, website: www.clraindia.org
* Ms. Rimi Jain and Ms. Stella James (4th Year Students of National University of Juridical Science, Kolkata) are Research
Interns with CLRA, New Delhi.
†
EKTA PARISHAD is a mass based people’s organisation with a firm belief in the ideology of non-violence, which came into
existence during the 1970s while engaged in the organisation of disadvantaged people living in the Chambal valley region of
Madhya Pradesh.
Disclaimer:
The views expressed in this publication are that of the authors, and no way be taken to reflect that of the CLRA. This may be
reproduced or redistributed for non-commercial purpose in part or in full with due acknowledgement.
Published by:
Vinod Bhanu, Executive Director, CLRA, F-29, B.K. Dutt Colony, Jorbagh, New Delhi-110003. Centre for Legislative Research
and Advocacy (CLRA), an organisation of expertise in parliamentary development, political party management and
legislative advocacy, is the hosting/implementing organisation of the IMPF and PG-MDGs.

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