LAND REFORMS

In August 1947, India won political independence, but social and economic independence was yet to be achieved with most of the population being either small or marginal farmers or tenant cultivators. The land reforms which began post-independence have been a continuous process ever since. 

Historical Background

• Britishers as Traders: The British Empire in India began as traders through the English East India Company, which gradually led to their control over land and resources.
• Battle of Plassey (1757): British control over India started with their victories in the Battle of Plassey (1757) and Battle of Buxar (1764), leading to British control over Bengal and Bihar. In 1765, the British were granted revenue collection rights in these areas, marking the beginning of their formal revenue and land control.
• Land Tenure Systems during British Rule:
  • The Zamindari System:
    • Under this system, landlords (zamindars) were responsible for collecting rent from the cultivators on behalf of the state. The zamindars acted as intermediaries between the farmers and the state.
    • If zamindars failed to meet their obligations, their estates could be sold by the government to recover dues.
  • The Ryotwari System:
    • The government collected revenue directly from tenants or cultivators. This system removed the need for intermediaries like zamindars.
  • The Mahalwari System:
    • In this system, land revenue was settled collectively with the entire village. The village community was jointly responsible for paying the revenue.
• Land Reforms Before Independence:
  • Rent Act of 1859: This was the first legislative effort to define the rights of tenants and protect them from arbitrary rent hikes and evictions.
  • The Famine Commission (1880): This commission reported the failure of the Rent Acts in improving the condition of tenants. It also highlighted the widespread agrarian conflicts and anti-zamindar riots in Bengal between 1872-1876.
  • Tenancy and Rent Act, 1885: Passed in Bengal in 1885, this act aimed to grant occupancy rights to ryots (tenant farmers) who had continuously occupied the land for 12 years.
  • Subsequent Tenancy Acts:
    • Other provinces followed Bengal’s example. For instance, the Bihar Tenancy Act of 1885 and the Orissa Tenancy Act of 1914 granted occupancy rights. The Agra Tenancy Act of 1926 provided life tenancy for tenant-at-will cultivators.
    • The Bombay City Police Act abolished Begari (forced labor), and the Bombay Act of 1938 specified conditions under which tenants could be evicted and allowed compensation for land improvements.
• Outcomes of the Landowning Systems During Colonial Era:
  • Peasant indebtedness: Peasants were heavily burdened by high tax rates, leading to widespread debt.
  • Rich exploiting the poor: A class of rich landowners exploited the poor peasants, resulting in a vast wealth gap.
  • Constant fear of eviction: Peasants were in a perpetual state of insecurity due to the threat of eviction from the land they cultivated.
  • Entrenched poverty: Poverty became a permanent feature of the rural farming class under British rule.

Land Reform Measures Post-Independence

Land reforms in India aim to redistribute land from landowners to landless people for agricultural or special purposes, ensuring ownership and regulation of land.

1. Agrarian Reforms Committee:

• Kumarappa Committee: After independence, the government appointed the Agrarian Reforms Committee under the Chairmanship of J.C. Kumarappa to study the agrarian relations in the country.
  • Recommendation: The committee recommended eliminating intermediaries between the state and the tiller. It emphasized that land should belong to the tiller, subject to specific conditions.

2. Various Steps Taken from 1947 to 1970:

• Abolition of Zamindari: This reform in the 1950s abolished the zamindari system and acknowledged the occupancy rights of the peasants (the right of the person who works the land to own it). However, it failed to fully recognize the tiller’s rights.
  • Analysis: The abolition of the zamindari system was successful in states like West Bengal and Kerala, where there was strong political will and social base. However, in other states, it failed due to a lack of political will, bureaucratic hurdles, and zamindar influence.
• Tenancy Rights: Later land reforms focused on tenant rights. According to the Second Five-Year Plan, the abolition of intermediaries and direct relations with the state aimed to give the tiller of the soil their rightful place in the agrarian system and increase agricultural productivity.
  • Analysis: States like West Bengal and Kerala had a radical restructuring of the agrarian structure, leading to better results. However, in other states, these reforms were not effectively implemented due to lack of enforcement.
• Land Ceiling: The term land ceiling refers to a legally defined maximum size of landholding beyond which no farmer or household can own land. The purpose was to promote economic growth and social justice by redistributing excess land.
  • Imposition of Ceiling: By 1961-62, most states had passed land ceiling acts, but the ceiling limits varied across states. In 1971, a new land ceiling policy was introduced.
  • Analysis: These acts largely failed due to loopholes, such as transferring land to relatives or creating benami transactions (holding land in another’s name), which allowed landowners to retain surplus land despite the laws.
• Land Consolidation: The term land consolidation refers to amalgamating and redistributing fragmented land holdings into a single compact block, making it easier for farmers to cultivate their land.
  • Analysis: Despite some success in Punjab, Haryana, and Western Uttar Pradesh, the lack of adequate political and administrative support slowed down land consolidation progress in other areas.
• Voluntary Donation: The Bhoodan and Gramdan movements, initiated by Vinoba Bhave, were voluntary land reform movements where large landowners were persuaded to donate their land to the poor and landless for redistribution in the name of the community.
  • Objective: The objective was to persuade land owners and leaseholders in each concerned village to renounce their land rights, after which all the lands would become the property of a village associating for the egalitarian redistribution and for the purpose of joint cultivation.
  • Analysis: The movement failed to achieve its targeted objectives and the degree of success in respect to both land acquisition and land distribution was very limited.

3. Various Steps Taken from 1970 to Present:

• Redistribution of Land Ceiling Surplus Land: The ceiling limit for land ownership (about 4 hectares of irrigated land cultivable twice a year) was set by the Union Government in consultation with state governments. The goal was to redistribute surplus land to small and marginal farmers.
• Updation of Land Records: During the 7th and 8th Five-Year Plans (FYPs), a centrally sponsored scheme was launched to update land records. Recent reforms have focused on digitizing land records, creating land banks, land pooling, etc., to ensure accurate and up-to-date landownership data.
• Compilation and Updating of Land Records: Regular updating of land records is crucial for the implementation of land reforms. States have now adopted time-bound programs to update records. Computerization efforts are also being made to maintain land records.
• Digitization of Land Records: Digitization began in the 1960s and was aimed at preventing property fraud by the late 1980s.
  • Example: The Digital India Land Records Modernization Programme (DILRMP), launched in 2008, aims to computerize all land records and make them accessible.

Objectives of Land Reforms

• Redistribution of land: The primary objective was to redistribute land to create a socialistic pattern of society, thereby reducing inequalities in land ownership.
• Enforcing land ceiling: The purpose was to take away surplus land from large landowners and redistribute it to small and marginal farmers.
• Legitimizing tenancy: The goal was to provide legal status to tenants and ensure they were protected under the law.
• Registering tenancy with village Panchayats: To formalize tenancy rights, all tenant arrangements were required to be registered with local village Panchayats.
• Linking tenancy and ceiling: Establishing a relationship between tenancy and land ceiling was essential for effective land distribution.
• Removing rural poverty: Land reforms aimed to reduce rural poverty by empowering landless and marginal farmers.
• Socialist development: The ultimate goal was to reduce social inequality through socialist land policies.
• Empowering women: Special emphasis was placed on empowering women in the male-dominated agricultural sector.
• Increasing agricultural productivity: By providing farmers with secure land rights, reforms aimed to enhance agricultural productivity.
• Consolidating land holdings: Land consolidation aimed to prevent the fragmentation of land and enhance farming efficiency.
• Developing cooperative farming: To promote collective and efficient farming practices among small farmers.
• Ensuring social equality: The reforms were designed to promote social equality through economic parity.
• Tribal protection: Reforms sought to protect the land rights of tribal populations to ensure their traditional lands were not taken over by outsiders.

Outcomes of Land Reforms

• Abolition of middlemen: The powerful classes of zamindars and jagirdars were largely abolished, reducing exploitation of peasants and making them landowners.
• Land ceiling: By enforcing land ceilings, the reforms prevented rich farmers or higher tenants from becoming new zamindars.
• Land Possession: Land reforms emphasized land possession as a source of both economic income and social standing. These reforms mandated proper records of land holdings and compulsory registration of tenancy arrangements.
  • Example: Tenants were protected from exploitation by the fixation of rent within a limit of 25-33%.
• Increased Productivity: More land came under cultivation, with tillers becoming the landowners, thus increasing productivity.
• Success in Leftist States: States like West Bengal and Kerala saw the successful implementation of land reforms due to strong political will from left-wing governments.
• Security of Tenure: Tenants were assured long-term cultivation rights, and in some cases, ownership rights. However, by 1992, tenancy rights were granted on only 4% of the total operated land in India.
• Land Donation Movements: Gandhian movements like the Bhoodan Movement inspired non-violent land donations from big landlords to the landless.
• Increased Investment in Land: With the abolition of zamindari and implementation of ceiling laws, cultivators were motivated to invest in their land and improve agricultural practices.

Reasons for the Failure of Land Reforms

• Land Reforms as a State Subject: Since land reforms are under the jurisdiction of state governments, the Central Government’s role is limited to giving general directions. The lack of political will in many states slowed implementation.
• Transfer of Land to Family Members: Many zamindars bypassed ceiling laws by transferring land to relatives, avoiding redistribution.
• Land as a Symbol of Social Prestige: In India, land is not just an economic asset but also a symbol of prestige. This cultural attachment makes the redistribution of land more challenging.
• Lack of Political Will: Governments, particularly under the influence of large farmers, were unwilling to enforce land redistribution laws.
  1. Example: By 1992, only 2% of the total operated area was redistributed.
• Shortfalls in Ceiling Laws: Ceiling laws differed from state to state, leading to confusion and disputes.
• Indifference of Bureaucracy: Bureaucracy, aligned with large landlords, often displayed indifference towards implementing land reforms.
• Dearth of Land Records: The lack of proper land records and irregular reporting systems prevented the systematic implementation of land reforms. Sometimes incorrect records were maintained for mala fide reasons.

Outcome of Failure

1. Expansion of Maoism: In the 1960s, Maoist movements gained momentum in regions like Naxalbari in West Bengal, where land reforms failed, leading to social unrest.
2. Loopholes in Definition: Legal loopholes allowed for various interpretations of land laws, which hindered the realization of land reform objectives.
3. Skewed Distribution of Land: Agricultural workers, particularly from Scheduled Castes (SC) and Scheduled Tribes (ST), who form a major part of the labor force, did not benefit significantly from the abolition of zamindari.
4. Gap between distribution and occupation: There remains a wide gap between the land distributed and its actual occupation by beneficiaries which is obstructed by physical prevention and litigation.
5. Lack of coverage: Many plantations were exempt from the land ceiling act.

Innovative Approach to Address Land Inequities – A Case Study of Ralegaon Siddhi:

• Information: Local civil organizations must develop innovative methods to address land ownership inequities in rural areas. One such example is the Pani Panchayat in Ralegaon Siddhi (Maharashtra).
• Idea: In this model, every village member, regardless of landholding size, is granted proprietary rights over harvested water for irrigation.
• Reason for Success: Since the water available to each member is limited, large landholders were persuaded to lease their land to small and marginal farmers as well as agricultural laborers who had water rights but no land.
• Benefit: This arrangement provided land access to the landless, while large landholders benefited from leasing out their land, which would otherwise remain fallow due to lack of irrigation.

Way Forward

• Central Land Reforms Committee: In the late 60s and early 70s, several recommendations of the Central Land Reforms Committee were implemented to address land reform issues.
  • Ceiling was lowered: The land ceiling was reduced based on crop patterns, setting a limit of 54 acres for inferior land.
  • Fixing the size of family: For legal purposes, a family of five was considered a single unit.
  • SC and ST Given Priority: Land distribution prioritized landless peasants, particularly Scheduled Castes (SC) and Scheduled Tribes (ST).
• New Land Acquisition Law: The government played a key role in acquiring land under the Land Acquisition Act of 1894. In 2015, amendments were proposed through the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement (Amendment) Bill of 2015.
• Solving the Dilemma of Consolidation: While consolidation of land enhances agricultural efficiency, it can compromise social equity. The need is for a balance between consolidation and the equitable distribution of land.
• Use of Land Leasing: NITI Aayog has advocated for land leasing, allowing landowners with unviable holdings to lease out their land for investment, boosting income and employment generation in rural areas.
• National Policy on Land Records: The Ministry of Rural Development (MoRD) introduced a Vision Document for Computerization of Land Records in 1999, aiming to standardize land administration. This led to the formulation of a Land Information System for uniform land record management.
• Model Contract Farming Law: Contract farming reform introduced tenancy security and formal agreements that can be used as collateral for loans. This reform improves agricultural efficiency through fixed-term contracts and gives tenants a sense of ownership.

Conclusion

The pace of land reform implementation has been slow, but the objectives of social justice have been largely achieved. Land reforms are vital for India’s rural economy, dominated by land and agriculture. New and innovative land reform measures must be adopted with vigor to eradicate rural poverty.