Land reform refers to an institutional measure directed towards altering the existing pattern of ownership, tenancy, leasing and management of land.
The 4 Components of land reforms were (1) the abolition of intermediaries; (2) tenancy reforms; (3) fixing ceilings on land holdings; and (4) consolidation of landholdings.
This involved abolition of zamindari and other intermediaries and bringing the cultivators in direct contact with the Government. The abolition of intermediaries also involved compensation to the owners of land.
Benefits: This aspect of land reforms was relatively successful in comparison to tenancy reforms and land ceiling laws.
Problems:
Tenancy reforms focussed on 3 main aspects: (a) Security of tenure for the tenants (b) Regulation of Rent (c) grant of ownership rights to certain types of tenants.
Critical Analysis of Tenancy reforms: Tenancy legislations in India are not uniform throughout the country. Each state has its own legislation. Most state governments have either legally banned or imposed restrictions on agricultural land leasing. Restrictive clauses in the tenancy laws of various states include period of lease, regulation of rent, conditions for termination of lease, conferment of ownership rights on tenants etc.
Case for Legalisation of Land Tenancy: Restrictive land leasing laws have proved to be anti-growth and antipoor on account of following reasons:
Informal and Oral Tenancy – Tenants do not have access to institutional credit, insurance etc. and are prone to exploitation.
Oral and informal tenancy discourages the tenants from making investment in land improvement
Reduced the occupational mobility of many landowners who have interest and ability to take up employment outside agriculture and yet are forced to stay in agriculture due to the fear of losing land if they lease out and migrate.
Many landowners prefer to keep the land fallow due to the fear of losing land rights if they lease out. This leads to underutilisation of land. The lifting of ban or restrictions on leasing will result in better utilization of the available land and labour and increased farm output.
Higher Equity and Economic justice as the land leasing enables the poor to have access to land and improve their income levels.
This involved (a) imposition of ceiling on land holdings that an individual or family can possess (b) acquisition of surplus land and its distribution among the small farmers and landless workers (c) Consolidation of land holdings.
Consolidation of Holdings means bringing together the various small plots of land of a farmer scattered all over the village as one compact block, either through purchase or exchange of land with others.
Indian agriculture is dominated by small and marginal farmers (86%) accounting for 48% of agricultural land. These farmers are caught in vicious trap due to fragmented landholdings
Successful Land Reforms in states such as Kerala and West Bengal (Operation Barga) have improved socioeconomic condition of marginal and small farmers:
Abolition of intermediaries has addressed historical injustices and move towards egalitarian society.
Land Ceiling Acts and movements such as Bhoodan and Gramdan have promoted equity in land ownership.
Tenancy reforms in states such as TN, AP, WB etc. have enabled marginal farmers to lease in/out land leading to consolidation of land holdings, higher occupational mobility and enhanced agricultural productivity.
Promotion of Cooperative farming through Kudumbashree (Kerala) and Andhra Pradesh Mahila Samatha Society have enabled farmers to reap benefits of higher economies of scale.
Land Records Modernization Programme has reduced litigations and facilitated access to institutional credit.
Land Reforms in other parts of India have not been very successful on account of Benami Transactions, loopholes in Land ceiling acts, slow progress in Digitisation of land records etc.
Hence, going forward, India should focus on Land Reforms 2.0 through transfer of surplus government land, legalising land Leasing, organising farmers into FPOs etc.
Delay in enacting land laws gave enough time to the landowners to escape the provision on land ceilings through benami transactions and illegal transfer of land to others.
Loopholes in Legal framework: Zamindars were allowed to keep the land under personal cultivation without any limit. However, the term "Personal cultivation" was loosely defined. It enabled even those people who supervised the land personally or through a relative to call themselves as cultivator. The land ceiling acts of the state governments provided number of exemptions on the ceiling such as Plantations and thus enabled the landowners to hold on to the land.
Absence of modernised land records made it difficult for the Government to implement reforms related to land ceiling acts and distribution of surplus land among the landless people.
Optional nature of laws: Most of the laws granting ownership rights to tenants are not mandatory. They are rather optional. The tenants have to move the government for grant of ownership rights.
Lack of social consciousness among the tenants: The small cultivators and the landless were not only unorganised but also ignorant of legal and constitutional process.
Increased Litigations: Faults and defects in laws related to land reforms has resulted in growing number of litigations which has dampen the spirit of reforms
Lack of Political will: Land reforms have been successful in only some of the states such as Kerala and West Bengal (Operation Barga) due to strong political will and enthusiasm.
Corruption & Bureaucratic apathy due to close nexus between lower-level officials and Zamindars.
Digital India Land Records Modernization Programme: Seeks to achieve complete computerization of the property registration process and digitization of all land records.
Proposal of Conclusive Titling: In a conclusive titling system, the government provides guaranteed titles, and compensation in case of any ownership disputes. Achieving this will require shifting to a system of registered property titles (as opposed to sale deeds) as the primary evidence of ownership, and having clear and updated land records.
However, adopting a conclusive system of titling will require undertaking several measures. All existing land records will have to be updated to ensure that they are free of any encumbrances.
Information on land records, which is currently spread across multiple departments, will have to be consolidated. Further, several changes in existing laws that govern registration and transfer of land, and institutional changes in maintenance of land records will also have to be.
