Assess how well the different land reform initiatives—like the removal of middlemen, the allocation of ceiling-surplus land, tenancy reforms, and land consolidation plans—address the concerns of sustainability, efficiency, and equity in the agriculture industry.
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Examine the historical background and the development of land reforms in India. Talk about how these changes have affected the country’s agrarian structure, land tenure system, and general agricultural development and production.
Highlight the urgent issues of the day while tracing the evolution of land reforms in India.
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Policies related to land management and reforms in India progressed through four broad phases. The first phase (1950-72) sought the abolition of the intermediaries, tenancy reform, and the redistribution of land. The second phase shifted attention to bringing uncultivated land under cultivation. TheRead more
Policies related to land management and reforms in India progressed through four broad phases. The first phase (1950-72) sought the abolition of the intermediaries, tenancy reform, and the redistribution of land. The second phase shifted attention to bringing uncultivated land under cultivation. The third phase (1985-95) increased attention towards water and soil conservation, while the fourth and current phase of policy (1995 onwards) centres on the necessity to continue with land legislation and efforts to improve land revenue administration and clarity in land records.
In this context, following steps have so far been taken by the government:
- Enactment of Abolition of Zamindari Act.
- Tenancy regulation to improve contractual terms including security of tenure.
- Introduction of Land Ceiling, where a cap on maximum land ownership was introduced. The land in excess of limit was distributed amongst the landless.
- Cooperative farms to provide for a larger productive land for the community to work on.
- Appropriate compensation for the acquired land through the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Act, 2013.
- The Scheduled tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 which provides land rights to tribals and other traditional forest dwelling communities.
- Under the Digital India Land Records Modernization Programme, the government has achieved over 90 per cent digitisation of land records.
The imperative for land reforms derives from the Constitutional mandate to ensure redistributive justice. However, land reforms still remains an unfinished agenda and marred with inadequate achievements. There remain issues like:
- Land ceiling legislations in India have underachieved. According to an NSSO Report, 95.65 per cent of the farmers are small and marginal owning approximately 62 per cent of the operated land areas while medium and large farmers who constitute 3.5 per cent own 37.72 per cent of the total area.
- The efforts to acquire ceiling surplus land or benami holdings of land have failed due to underlying interest structure developed amongst large landowners, elites and the bureaucracy.
- Customary rights over the forests and land resources are yet to be fully recognized following tardy implementation of Forest Rights Act.
- Land titles remain unclear thereby leading to several legal disputes related to land ownership. affecting the agriculture and real estate sectors. Disputed or unclear land titles inhibit supply of capital and credit for agriculture.
- There is a lack of clarity around the clear definition of Common Property Resources which is the root cause of the improper public interventions.
- There exists gross discrimination in recognizing womens’ rights leading to gender inequalities in land relations.
- Restrictions on lease market drive tenancy underground while some land owners keep their land fallow.
In this context, initiatives like revisiting land ceiling limits; recognition of customary rights over forests; women’s rights; tenancy and sub tenancy reforms; empowering local bodies in land management systems etc. become important.
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Talk about the causes of ambiguous land titles in India and the difficulties resulting from them. In what ways would digitizing land records aid in addressing these issues?
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Land and buildings comprise 72% of assets of Indian households and 92% of the value of assets of Indian households. However, unclear land titles in India makes assessment of land rights difficult. Reasons behind unclear land titles: Land ownership is established through multiple documents maintainedRead more
Land and buildings comprise 72% of assets of Indian households and 92% of the value of assets of Indian households. However, unclear land titles in India makes assessment of land rights difficult.
Reasons behind unclear land titles:
- Land ownership is established through multiple documents maintained by different departments working in silos, making it cumbersome to access them. For example, sale deeds are stored in the registration department, maps in survey department, and property tax receipts in revenue department.
- Land ownership in India is presumptive i.e. the legal framework in India does not provide for guaranteed ownership. Even if a person holds a registered sale deed, it is not a guaranteed title to the property and subject to challenge.
- The cost of registering property is high. Since registration of property is not mandatory for certain transactions, people avoid registering resulting in incorrect reflection of the ownership.
- Poor maintenance of land records has resulted in the spatial records not matching textual records. States have not updated the records through surveys. Further, maps have not been used to establish actual boundaries on the ground.
Challenges faced due to it:
- High litigation: A World Bank report of 2007 suggests that land related disputes account for two-third of all pending court cases in the country. Also, according to the Niti Aayog, land disputes on an average take 20 years to get resolved.
- Lack of access to formal credit: In rural areas, small and marginal farmers, who may not hold formal land titles, are unable to access institutionalized credit.
- Impedes development: In urban areas, disputed land titles lead to lack of transparency in real estate transactions and any infrastructure created on land that is not encumbrance-free makes such investments risky.
- Opacity in transactions: Unclear titles and non-updated land records enable carrying out property transactions in a non- transparent manner.
Benefits of digitizing land records in overcoming these challenges:
- It would improve the quality of land records and make them more accessible, thereby, helping in determining conclusive titling.
- It will enable complete transparency in land titles since property records could be placed in the public domain. Digitization would also enable real time updates and changes in land record.
- It would enable banks and financial institutions to check the validation of title, thus, easing the access to credit.
- It would make it difficult to evade taxation on property since clarity on land ownership would also reveal the quantum of land possessed by a person.
- The Standing Committee on Finance (2015) examining the Benami Transactions Prohibition. (Amendment) Bill, 2015 noted that generation of black money through benami transactions could be pre-empted and eliminated by digitisation of land records and their regular updation.
Therefore, the Digital India Land Records Modernisation Programme (DILRMP) seeks to improve the quality of land records in the country, make them more accessible, and move towards government-guaranteed titles. Access to land rights and therefore land has a wide-ranging impact on livelihoods, industrial, economic, and social growth.
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What does India’s modernization of land records mean? Describe the National Generic Document Registration System’s (NGDRS) features in this context. (Answer in 250 words)
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In recent years, India has taken proactive steps to modernize land records under the Digital India Land Records Modernization Programme (DILRMP), 2008 to create an integrated land management system. The purpose and rationale behind land modernization is to usher in a system of updated land records,Read more
In recent years, India has taken proactive steps to modernize land records under the Digital India Land Records Modernization Programme (DILRMP), 2008 to create an integrated land management system. The purpose and rationale behind land modernization is to usher in a system of updated land records, automated and automatic mutation, integration between textual and spatial records, inter-connectivity between revenue and registration, to replace the present deeds registration and presumptive title system with that of conclusive titling with title guarantee.
Significance of land record modernization in India- Better credit delivery in rural areas: Creation of vast bankable assets across rural India can help in credit growth, especially in agriculture and MSME sectors.
- Reduced litigation: Enhanced transparency in the land records maintenance system will minimize the scope of land disputes.
- Infrastructure: Facilitates development of new infrastructure by easing the process of land acquisition and rehabilitation and settlement of compensation claims.
- Revenue Generation: Enhanced local revenues through improved property tax billing and collection of stamp duty.
- Enhanced efficiency of policy making: Digitization will help improve policy makers to make informed decisions regarding land value assessment, land use planning, environmental protection and resource management.
- Check on fraudulent transactions: Generation of black money through Benami transactions could be preempted and eliminated by the digitization of land records and their regular updation.
- Others: Easy disbursal of benefits of welfare schemes implemented by Central and State Governments such as crop insurance, grant of agricultural subsidy etc.
In view of this, the National Generic Document Registration System (NGDRS) was developed as a common, generic and configurable application for the execution of land registration documents across the country. It has been initiated by the Department of Land Resources, Ministry of Rural Development. As many as 28 States / UTs have adopted the National Generic Document Registration System (NGDRS) for Land Records.
Key Features:- Functions: The application is specifically designed for the use of sub registrars, citizens and apex users from registration departments.
- NGDRS facilitates states to create state specific instances and configure the software as per requirements.
- Offering a complete user interface for property and document registration, the application enables citizens to proceed with land buying online.
- They can find out the circle rate for land, calculate property valuation as per prevailing rates and understand the type of land.
- Decision Making: Transactions of prohibited properties that are restricted for sale like government land, tribal land, mortgaged land etc., is also available, which ultimately helps users to decide where and what type of land they should buy.
- Increased productivity: Property buyers need to visit the sub-registrar’s office only once and that too at the time of final signing and registration. This entire workflow has not only proved to be beneficial for citizens but has also increased productivity of the department staff.
- Others: Other features include citizen’s registration to access the system, online valuation module with stamp duty calculation, e-KYC using UID based authentication etc.
- The National Generic Document Registration System has now moved a step ahead by introducing data analytics and blockchain technology.
It is a crucial step towards achieving efficient and equitable land governance, fostering sustainable development, and empowering individuals and communities. Thus, the land modernisation project must be implemented in full letter as well as spirit to reap its ultimate potential.
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Outlining the problems with land records that exist now in India, talk about how definitive land titling and land record digitization can assist solve them. (Answer in 250 words)
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Land records consist of various types of information (property maps, sale deeds, etc.) and are maintained across different departments at the district or village levels. These departments work in silos and give rise to various issues, such as: Absence of a nationwide template: Land records are maintRead more
Land records consist of various types of information (property maps, sale deeds, etc.) and are maintained across different departments at the district or village levels.
These departments work in silos and give rise to various issues, such as:
- Absence of a nationwide template: Land records are maintained by different departments in each state. It becomes strenuous to ensure that all such records in all the departments are updated and the details mentioned in one department exactly correspond to the details. mentioned in other departments.
- Lack of a single window title verification and investigation system: The presumption of land ownership is drawn from multiple documents and records, which are maintained by multiple departments, making it a very long and cumbersome process of title investigation.
- Presumptive titling: Ownership is decided based on recent economic transactions, which are easy to fake and thus lead to land disputes and litigations.
- Non-mandatory registration: Under the Registration Act, of 1908, registration of property is not mandatory for certain transactions, such as land acquisition by the government, heirship partitions, etc. Thus, several property divisions are not recorded and, hence, do not correctly reflect the ownership of the property.
- Opaqueness in land leasing: The current system of land leasing does not enable tenants to access bank credit and prevents them from making investments in land improvement.
The role of land record digitization and conclusive ‘land titling’ in addressing the above-mentioned issues are the following:
- Increases transparency: Land record digitization and conclusive land titling will enable complete transparency and real-time updates in land titles since property records could be placed in the public domain.
- Controls benami transactions: Benami transactions in land dealings could be pre-empted and eliminated by the digitization of land records and their regular updating.
- One-stop solution: It will lead to the establishment of a single window title verification and investigation system, which will be easily accessible to professionals as well as to the general public, making the public documents “public” in the real sense.
- Brings uniformity: Along with digitizing the land documents, the Central and state governments may take initiatives to maintain the land documents in a uniform manner and in a language that is understood nationwide.
- Clear ownership: Unlike presumptive titling, where neither the government nor the legal framework guarantees the ownership title of the land, under a conclusive land titling system, land records designate actual ownership.
- Easy bank credit: Conclusive land titling helps the rightful landowner easily avail credit from banks, as the government takes responsibility for the accuracy.
In addition, addressing land record issues and the mammoth task of mapping and digitizing 800 million land parcels further needs Centre-state coordination, a structured timeline for dispute resolutions, an integrated repository of land records covering both urban and rural areas, etc. Recent initiatives like the Digital India Land Records Implementation Programme 2.0 and the mapping of land parcels in rural inhabited areas using drone technology are welcome steps towards land reforms.
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In India, eradicating poverty and promoting inclusive growth depend heavily on having access to and effective control over land. Give specifics. Talk about the current land reform policies that India has implemented to promote equitable growth. (Answer in 250 words)
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The Socio-Economic Caste Census of 2011, put the households with no land at 56.41 percent of total rural households. Similarly, the Draft National Land Reforms Policy released in July 2013 stated that 31 percent of all households are landless. Access to land and effective control over it is of fundaRead more
The Socio-Economic Caste Census of 2011, put the households with no land at 56.41 percent of total rural households. Similarly, the Draft National Land Reforms Policy released in July 2013 stated that 31 percent of all households are landless. Access to land and effective control over it is of fundamental importance not only for economic growth but also for poverty eradication and inclusive growth in the following ways:
- Reduction in poverty: Approximately 54.6 percent of the total workforce is engaged in agriculture and allied sectors. In this context:
- Those without property rights generally lack the incentive or even the authority to invest in the land, which could lead to higher returns.
- Secure land rights provide better credit accessibility and act as an insurance substitute in the event of shocks.
- Research suggests that land ownership will create opportunities to increase investment in the development of children, which may help in breaking the inter-generational transmission of poverty.
- Inclusive growth: It will help in eradicating socio-economic or productive exclusion by giving the owners assets in the form of land, which will create avenues of income generation for them.
- Similarly, it will help empower women and marginalized sections of society if they get land ownership rights, as it would provide them a sense of security, a stronger voice in exercising their rights, and a buffer against economic and environmental shocks.
Since independence, several measures such as the abolition of intermediaries, tenancy reforms, and ceilings on landholdings were adopted, and consolidation and distribution of landholdings were envisioned. In the past few years, India has taken the following land reform measures focussing on inclusive growth:
- Digital India Land Record Modernisation Program (DILRMP): It was introduced in 2016 to computerize and update all land records and digitize maps and surveys. It aims to provide conclusive titles of land ownership, reduce disputes, and facilitate quicker transactions of land.
- Unique Land Parcel Identification Number (ULPIN) Scheme: Launched in 2021, under this scheme, a 14-digit identification number would be provided to every surveyed parcel of land.
- SVAMITVA Scheme: It is a property survey program launched in 2020 to map residential land ownership in the rural sector using modern technology like drones. Recognized owners will be provided property cards.
- The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013: The Act contains provisions to provide fair compensation to those whose land is taken away bring transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects, and assures rehabilitation of those affected.
- The Model Agricultural Land Leasing Act, 2016: It recognizes farmers who are cultivating on leased lands and enables loan accessibility to them through institutional credits.
- The Draft Model Contract Farming Act, 2018: It aims to protect the interests of farmers through a forward contract. It also restricts the development of permanent structures on farmers’ land/premises. Further, it ensures that no right or title of interest of the land shall vest in the contract farming sponsor.
Also, in this regard, the NITI Aayog has framed a Draft Model Act and Rules on Conclusive Land Titling in 2019, which is under discussion. Since the subject of ‘land’ and its management falls under the State List, the success and failures of land reforms lie on the state governments. State initiatives such as the Bhoomi project of Karnataka a successful examples, which can be replicated on a pan-India level.
See less - Reduction in poverty: Approximately 54.6 percent of the total workforce is engaged in agriculture and allied sectors. In this context:
Although the digitalization of land records is a good thing, there are certain issues that must be resolved. (Answer in 200 words)
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Access to land is a critical factor for economic growth and poverty reduction. For government, industry, and citizens to be able to use this asset effectively and to minimize land conflicts, digitization can help by improving access to reliable land and property records. Advantages of digitization oRead more
Access to land is a critical factor for economic growth and poverty reduction. For government, industry, and citizens to be able to use this asset effectively and to minimize land conflicts, digitization can help by improving access to reliable land and property records.
Advantages of digitization of land records:
- Reduction in litigations and burden of cases: A NITI Aayog paper suggests that land disputes on average take about 20 years to be resolved. Land disputes add to the burden of the courts and impact sectors and projects that are dependent on these disputed land titles.
- Promoting agricultural credit: Land is often used as collateral for obtaining loans by farmers. Digitization of land records and online creation of equitable mortgages would help in faster disbursement of agriculture credit.
- Development of new infrastructure: The economy of the country is shifting from agrarian to manufacturing and services-based. However, several new infrastructure projects are witnessing delays due to a lack of updated land records.
- Urbanization and housing: Slum dwellers do not have access to a clear land title or ownership rights. Further, since many colonies in which the poor reside are unauthorized, it is difficult for Urban local bodies to provide basic services to them. Easier online approvals of plans and occupancy certificates will provide clarity over ownership status.
- To check benami transactions: Unclear titles and non-updated land records enable carrying out property transactions in a non-transparent way. The Standing Committee on Finance in 2015 noted that the generation of black money through benami transactions could be eliminated by the digitization of land records and their regular updation.
Challenges Faced in Digitization of Land Records:
- Lack of unified legal framework: The system of land records was inherited from the Zamindari system. The legal framework in India does not provide for guaranteed ownership, and how information about land records is collected and maintained further exacerbates the gaps in these records.
- Land unavailability in the development of infrastructure: These delays occur because of non-availability of encumbrance-free land, non-updation of land records, resistance to joint measurement survey of land records, demands for higher compensation by landowners, and filing of large number of arbitration cases by landowners.
- Lack of manpower: One of the major roadblocks in ensuring continuous updation of land records is the lack of skilled manpower in the land record departments of states.
- Poor synergy across land record departments: The Revenue department is the custodian of textual records; the survey and the settlement departments manage the spatial records and the registration department responsible for registering land transactions, lacks synergy in functioning.
- Digital divide: Lack of awareness and digital illiteracy are prevalent, especially in rural areas.
To address these challenges, there is a need for wider adoption of technologies such as geographical information systems, data warehouses, and webs. It would help in making land records management efficient and easier for decision-making, strategy planning, and productive modeling. Also, an online or digital record department could be established for the betterment of online land records maintenance.
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Evaluation of Land Reform Measures in India Land reforms have been a significant part of India's policy framework to address inequities in land ownership and improve agricultural productivity. The effectiveness of various land reform measures can be assessed in terms of their impact on equity, efficRead more
Evaluation of Land Reform Measures in India
Land reforms have been a significant part of India’s policy framework to address inequities in land ownership and improve agricultural productivity. The effectiveness of various land reform measures can be assessed in terms of their impact on equity, efficiency, and sustainability in the agricultural sector. Here, we evaluate key land reform measures including the abolition of intermediaries, the distribution of ceiling-surplus land, tenancy reforms, and land consolidation programs, with recent examples to illustrate their impacts.
1. Abolition of Intermediaries
Objective: The primary aim was to eliminate intermediaries like zamindars and landlords, who often exploited tenant farmers and impeded direct access to land ownership.
Effectiveness:
2. Distribution of Ceiling-Surplus Land
Objective: This measure aimed to redistribute surplus land from large landowners to landless and marginal farmers to enhance equity and productivity.
Effectiveness:
3. Tenancy Reforms
Objective: These reforms aimed to protect tenant rights, improve tenancy conditions, and formalize tenant agreements to provide stability and enhance agricultural productivity.
Effectiveness:
4. Land Consolidation Programs
Objective: Land consolidation aimed to reorganize fragmented land holdings into larger, more manageable units to improve agricultural productivity and efficiency.
Effectiveness:
Recent Examples and Current Issues
Recent Developments:
Conclusion:
Land reform measures have had varied success in addressing issues of equity, efficiency, and sustainability in India’s agricultural sector. While some reforms, like the abolition of intermediaries and land consolidation, have shown positive outcomes, others have faced challenges in implementation and impact. Recent developments, such as digital land records and support for FPOs, indicate a move towards more effective and sustainable land management practices. However, continued efforts are needed to address the gaps in implementation and ensure that land reforms contribute to a more equitable and productive agricultural sector.
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