yogana english october 2011

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YOJANA October 2011 1

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October 2011 Vo 55

Chef Edtor : Rn Sonow Ko

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Let noble thoughts come to us from every side

Rig Veda

(Crcton) : pdjcr_ [email protected]


C O N T E N T S

DO YOu KNOw?

CREDIT RATING...........................................................................35

LAND RECORDS MODERNIzATION IN INDIA

Surendra Kumar ..............................................................................38

TRIBAL LAND QUESTION AND

LAND REFORMS IN KERALA

Raju Narayana Swamy ....................................................................42

NEW BILL TO FOCUS ON LIVELIHOOD RIGHTS

AND REHABILITATION

Dhurjati Mukherjee .........................................................................48

LAND REFORM A PANACEA FOR AGRICULTURAL

DEVELOPMENT

H R Uma .........................................................................................52

J&K wINDOw...........................................................................55

RELEVANCE OF PUBLIC PRIVATE PARTNERSHIP

Angshukana Datta ...........................................................................57

DRAFT LAND ACQUISITION AND REHABILITATION AND

RESETTLEMENT BILL (LARR) 2011

Jairam Ramesh ..................................................................................5

INHERITANCE RIGHTS OF WOMEN IN AGRICULTURAL LANDN C Saxena ........................................ ........................ ..................... 12

SHODHYATRA

ELECTRIC SHOCK PROOF CONVERTER ............................... .16

LAND REFORMS AND THE INSTITUTIONAL MECHANISM FOR

ITS EFFECTIVE IMPLEMENTATION

Prabhudayal Meena .........................................................................19

NORTH EAST DIARY................................................................23

LAND REFORMS: JAMMU AND KASHMIR SHOWS THE WAY

George Mathew ...............................................................................24

BEST PRACTICES

A COLLECTIVE APPROACH TO OFF SEASONALVEGETABLES VALUE CHAIN .............. ........................ .............28

IMPACT OF LAND DISTRIBUTION ON THE RURAL POOR IN

UTTAR PRADESH

Ajit Kumar Singh ............................................................................30


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2 YOJANA October 2011

YE-138/2011


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Land is the basis of all economic activity. Land problems in India have attracted

equal attention from both policy makers and academicians. This interest in land

issues stems from the impact of liberaliation and opening of the economy and

in the context of economic transition in rural areas. Land policy initiatives in Indiawent through different phases and are characteried by various interventions on behalf

of the State which have brought a fundamental change in the entire approach towards

development. In the years following India's independence a conscious process of nationbuilding considered the problem of land with a pressing urgency. The national objective

of poverty alleviation envisaged stress on high productivity and equitable distribution.

Immediately after independence, four important components of land reform were thought

of as major policy interventions in building the land policy. These included the abolitionof intermediaries, tenancy reforms, xing ceiling on land holdings and consolidation of land holdings. Land

policy has been one of the important components since the rst ve year plan.

Women in India have traditionally been deprived of property rights and their property rights still meet with

strong social opposition. Gender equity in land rights is promoted on the basis of welfare, efciency equityand empowerment. The concept of land as a commodity also comes into conict with traditional concepts of

common property such as those of tribal societies and in the process of development and moderniation, land

rights of these communities are deprived and they face widespread displacement. It is therefore important that

the unique existence of the tribal communities be understood especially in view of the ongoing indigenousstruggles for ethnic identity in various parts of the country.

Land and agricultural administration are separate wings of the Government and this vision makes decisionmaking difcult and the land policy implementation has been one of the main problems to confront with.

The Land Resources Department of the Union Rural Development Ministry addresses issues relating to land

administration and works as an advisory and coordinating body for the implementation of land reforms. In recent

years, the thrust of the Government has been on moderniation of land management with reference to updating of

land records through computeriation and digitiation of land records, proper recording of land rights, tenancy,

analyses of agrarian and related cause of rural unrest, alienation of tribal land, and recommending measures toprevent sale and purchase of agricultural land for speculative and non-agricultural purposes.

The draft bill on Land Acquisition and Rehabilitation and Resettlement recently placed in the Lok Sabhais another law that tries to bridge the gaps in the existing system through a radical overhaul of a century old

legislation. The Bill has been welcomed by various quarters as it has combined rehabilitation and resettlement in

a single piece of legislation. With the rst meeting of the National Council of Land Reforms under Chairmanship

of the Prime Minister scheduled shortly, it is expected that the much needed thrust would be given to variouscritical and sensitive issues in land reforms.

The current issue of Yojana focuses on these aspects of land reforms with experts bringing their views on thesubject. q


Abot the Isse


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YE-142/2011


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NFRASTRUCTURE

ACROSS the country

must expand rapidly.

Indus tr ia l isa t ion,

especially based on

manufacturing has also to accelerate.

Urbanisation is inevitable. Land is

an essential requirement for all

these processes. Government also

needs to acquire land for a varietyof public purposes.

In every case, land acquisition

must take place in a manner that

fully protects the interests of land-

owners and also of those whose

livelihoods depend on the land

being acquired.

Under our Constitution, land is

a State subject but land acquisition

is a Concurrent subject. So far,the basic law governing the land

acquisition process has been

the Land Acquisition Act, 1894.

Although it has been amended from

time to time, it is painfully evident

that the basic law has become

archaic.

Draft Land Acquisition and Rehabilitationand Resettlement Bill (LARR) 2011

laND REORMS

Jairam Ramesh

OVERViEW

In every case, land

acquisiion mus

ake place in a

manner ha fully

proecs he ineress

of land-owners and

also of hose whoselivelihoods depend

on he land being

acquired

Land markets in India are

imperfect. There is asymmetry of

power (and information) between

those wanting to acquire the land

and those whose lands are being

acquired. That is why there has to

be a role for the government to put

in place a transparent and exible

set of rules and regulations and to

ensure its enforcement.

L a n d A c q u i s i t i o n a n d

Rehabilitation and Resettlement

(R&R) need to be seen necessarily

as two sides of the same coin. R&R

must always, in each instance,

necessarily follow upon acquisition

of land. Not combining the two

R&R and land acquisition within

one law, risks neglect of R&R. This

has, indeed, been the experience

thus far.

The Land Acquisition and


(LARR) Bill seeks to balance

the need for facilitating land

acquisition for various public

purposes including infrastructure

development, industrialisation

I

The author is Union Rural Development Minister.


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and urbanisation, while at the same

time meaningfully addressing the

concerns of farmers and those

whose livelihoods are dependent

on the land being acquired.

The issue of who acquires land

is less important than the process ofland acquisition, compensation for

land acquired and the R&R process,

package and conditions.

TheLARR Bill 2011 introduced

in Parliament, species these quite

irrespective of the ratios of private

and government acquisition. The

objective is to make the process of

land acquisition easy, transparent

and fair for both sides in eachinstance. This Bill covers all cases

(0-100 percent, 50-50 percent, 70-

30 percent, 90-10 percent, 100-0

percent and al l other possib le

combina t ions in be tween) ,

irrespective of the ratios and leads

to equal treatment of equals in

R&R, irrespective of who acquires

their land, government or private

parties.

The Bill puts in place a newinstitutional mechanism to ensure

that the R&R provisions are

implemented effectively as an

integral part of land acquisition.

The draft Bill is fully compliant

with the provisions of (i) PESA,

1996; (ii) Forest Rights Act, 2006;

and (iii) Land Transfer Regulations

in Schedule V (i.e., tribal) areas. It

also gives the State the right to havetheir own Land Acquisition Policies

and Acts as long as they are not in

violation of the Central Act.

Finally, it must be pointed out

that the Bill does not preclude

private companies buying land

directly from farmers and others.

What the Bill proposes in such

cases beyond a threshold is that

a fair R&R package be offered.

The Bill also suggests that multi-

cropped, irrigated land be acquired

only as a demonstrable last resort,

and sets limits on how much land

can be acquired.

TheBill was placed in the publicdomain as part of a pre-legislative

consultative process before it was

taken to cabinet and introduced

in parliament. It has benefited

from several useful comments and

inputs.

Following are some of the key

features of the draft LARR bill

which has been tabled in Lok Sabha

on September 7, 2011.

Need For A Ne La

Pblic Concern

l Heightened public concern on

Land Acquisition issues

l Absence of a national law to

provide for the rehabilitation &

resettlement and compensation

for loss of livelihoods

Otdated Lal While multiple amendments

have been made to the Original

Act, the principal law continues

to be the same i.e. the Land

Acquisition Act of 1894

Need for Balance

l Addressing concerns of farmers

and those whose livelihoods

are dependent on the land

being acquiredl While f ac i l i t a t ing land

acquisition for industrialisation,

infrastructure and urbanisation

why a Combined La

1. L a n d A c q u i s i t i o n a n d


need to be seen necessarily as

two sides of the same coin

2. Rehabilitation and Resettlement

must always, in each instance,

necessarily follow upon

acquisition of land

3. Not combining the two R&R

and land acquisition within

one law, risks neglect of R&R.This has, indeed, been the

experience thus far

4. This is the first National /

Central Law on the subject

o f R e h a b i l i t a t i o n a n d

Resettlement of families

affected and displaced as a

result of land acquisition

Scope of LARR, 2011

Both LA and R&R Provisions

will apply when:

1. Government acquires land for

its own use, hold and control

2. Government acquires land

with the ultimate purpose

to transfer it for the use of

private companies for stated

public purpose (including PPP

projects but other than state or

national highway projects)

3. Government acquires land for

immediate and declared use by

private companies for public

purpose

Note I: Public purpose for 2. & 3.

above, once stated, cannot be

changed

Note II: Land Acquisition under

2. & 3. above can take place

provided 80 percent of the

project affected families give

prior informed consent to the

proposed acquisition.

Only R&R provisions will

apply when:

l Private companies buy

land for a project, more

than 100 acres in rural


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areas, or more than 50

acres in urban areas

Only LA provisions will apply

to the area to be acquired but R&R

provisions will apply to the entire

project area even when:

l P r i v a t e c o m p a n y

approaches Government

for partial acquisition for

public purpose

Salient Featres of the Draft

Bill

Denition of Public Purpose

1. Land for strategic purposes

relating to armed forces of the

Union, national security ordefence, police, safety of the

people;

2. Land for railways, highways,

ports, power and irrigation

purposes for use by Government

and public sector companies or

corporations;

3. Land for the project affected

people;

4. Land for Planned development

or improvement of village or

urban sites or for residential

purpose to weaker sections in

rural or urban areas;

5. L a n d f o r G o v e r n m e n t

administered educational,

agricultural, health and research

schemes or institutions;

6. Land for persons residing

in areas affected by naturalcalamities;

7. Land acqu i r ed by the

Government for;

(I) use by government itself

for purposes other than

those covered under (1),

(2), (3), (4), (5) and (6)

above,

(II) public sector companies;

or

(III) PPP projects for the

pr oduct ion of pu bl ic

goods or the provision

of public services;

8. Land for private companies

for the production of public

goods or provision of public

services;

Under (7) and (8), consent

of at least 80 Percent of the

project affected families shall

be obtained through a prior

informed process.

urgency Clase

The Urgency Clause can only be

invoked in the following cases:

1. National defense and security

purposes

2. R&R needs in the event

of emergencies or natural

calamities

Denition of Affected Families

l Land Owners:

1. Family or company whose land/

other immovable properties

have been acquired;

2. Those who are assigned land

by the Governments under

various schemes;

3. Right holders under the Forest

Rights Act, 2006.

l Livelihood Losers:

1. Over the last three years, afamily whose livelihood is

primarily dependent on the

land being acquired, including

agriculture labourers, tenants

or sharecroppers;

2. Over the last three years,

families which are dependent

on forests or waterbodies for

their livelihoods when these

are acquired; including forest

gatherers, hunters, sher folk

and boatmen;

3. Over the last three years, any

family whose livelihood is

dependent primarily on the

land being acquired in the

urban areas or any family who

is residing on the land being

acquired in the urban areas.

Denition of Land

Land includes benets to arise

out of land, and things attached to

the earth or permanently fastened to

anything attached to the earth.

Safegarding Food Secrity

1. Multi-crop irrigated land will

not be acquired except as

a demonstrably last resort

measure, which in no case

should lead to acquisition

of more than 5 percent of

multi-crop irrigated area in a

district.

2. Wherever multi crop irrigatedland is acquired an equivalent

area of culturable wasteland

sha l l be deve loped fo r

agricultural purposes.

3. In districts where net sown

area is less than fty per cent

of total geographical area, no

more than ten per cent of the

net sown area of the district

may be cumulatively acquired

under all land acquisition

projects put together in that

district.

1. and 2. above shall not apply

in the case of linear projects

(such as Railways, highways,

Major District Roads, power

lines, and irrigation canals)


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Minimm Compensation for

Land

A Comprehensive Compensation

Package (Schedule I)

1. Market value of the land:

(a) the minimum land value,

if any, specied in the

Indian Stamp Act, 1899

for the registration of sale

deeds in the area, where

the land is situated; or

(b) the aver age of the

sale price for similar

type of land situated

in the immediate areas

adjoining the land being

acquired, ascertained

from fifty per cent of

the sale deeds registered

during the preceding

three years, where higher

price has been paid; or

whichever is higher:

Provided that the market value

so calculated for rural areasshall be multiplied by at least

a factor of two. This will be

specied in schedule I. (And

not in the Actper se).

2. Value of the assets attached to

land: Building/Trees/Wells/

Crop etc as valued by relevant

govt. authority;

Total compensation = 1+2

3. Solatium: 100 percent of totalcompensation;

4. Where land is acquired for

urbanisation, 20 percent

of the developed land will

be reserved and offered to

land owning project affected

families, in proportion to their

land acquired and at a price

equal to cost of acquisition

and the cost of development.

In case the project affected

family wishes to avail of this

offer, an equivalent amount

will be deducted from the

land acquisition compensation

package payable to it;

5. The Company for whom land

is being acquired may offer

shares limited to 25 percent

of the compensation amount.

In case the project affected

family wishes to avail of this

offer, an equivalent amount

will be deducted from the

land acquisition compensation

package payable to it.

Minimm R&R Entitlements

A Comprehensive R&R Package

(Schedule II)

For Livelihood losers (including

landless):

1. Subsistence allowance at Rs.

3000 per month per family for

12 months;

2. The affected families shall be

entitled to:

(a) Mandatory employment

for one member per

affected family where

jobs are created through

the project,

or

(b) Rupee s 5 lakh s perfamily;

or

(c) R u p e e s 2 0 0 0 p e r

month per family as

annuity for 20 years,

with appropriate index

for inflation shall be

provided;

This choice of (a) or (b) or (c)

shall be that of the affected

family.

3. If a house is lost in rural

areas, a constructed house shall

be provided as per the Indira

Awas Yojana specications. Ifa house is lost in urban areas,

a constructed house shall be

provided, which will be not

less than 50 sq mts in plinth

area.

In either case the equivalent

cost of the house may also be

provided in lieu of the house

as per the preference of the

project affected family;

This benet will also extend to

those who are homeless.

4. A one-time Resettlement

Allowance of Rs 50,000;

5. Rs 50,000 for transportation.

Special Provisions for SCs/STs

In addition to the R&R

package, SC/ST families will be

entitled to the following additional

benets: (Schedule II)

1. 2.5 acres of land or extent

of land lost to each family

in every project, In case of

irrigation project 1 acre in the

command area;

2. One time nancial assistance

of Rs. 50,000 per family;

3. Families settled outside the

district shall be entitled to anadditional 25 percent R&R

benets;

4. Payment of one third of the

compensation amount at very

outset;

5. Preference in relocation and

resettlement in area in same

compact block;


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6. Free land for community and

social gatherings;

7. In case of displacement, a

Development Plan is to be

prepared;

8. Continuation of reservationand other Schedule V and

Schedule VI area benets from

displaced area to resettlement

area.

Infrastrctral Amenities nder

R&R

(Schedule III)

25 infrastructural amenities to be

provided in the Resettlement area,including:

l Schools and playgrounds;

l Health Centres;

l R o a d s a n d e l e c t r i c

connections;

l Assured sources of safe drinking

water for each family;

l Panchayat Ghars;

l Anganwadis providing childand mother supplemental

nutritional services;

l Places of worship and burial

and/or cremation ground;

l Village level Post Ofces, as

appropriate, with facilities for

opening saving accounts;

l Fair price shops and seed-cum-

fertilier storage facilities.

R&R in case of Private Prchase

of Land

1. Where a private company is

purchasing land for a project

which is more than 100 acres in

rural areas or more than 50 acres

in urban areas through private

negotiations, the Company

shall le an application with

the District Collector notifying

him of:

(a) Intent to Acquire;

(b) Purpose of Purchase;

(c) Particulars of lands to be

purchased

2. Collector shall refer the matter

to the Commissioner R&R for

the satisfaction of all relevant

pro vi si ons un de r this Act

related to R&R

3. Based upon the R&R Scheme

approved by the Commissioner

R&R, the Collector shall pass

individual awards covering

R&R entitlements

Retrospective Effect Clase

This Bill proposes that LARR

2011 will apply to all cases of Land

Acquisition where before date of

commencement of LARR Act 2011

either:

a) Award has not been made

under LA Act 1894;

or

(b) Possession of land has not been

taken

In both these cases , LA

proceedings under 18 94 Act

will be considered lapsed upon

commencement of LARR Act

2011.

Compliance ith other Las

The Provisions of the New Law

shall be fully compliant with other

laws such as:

l The Panchayats (Extension

to the Scheduled Areas) Act,

1996;

l The Scheduled Tribes and

Other Traditional Forest

Dwellers (Recognition of

Forest Rights) Act, 2006;

l Land Transfer Regulations in

Schedule V Areas.

Safegards against

indiscriminate acqisition

l Social Impact Assessment

made mandatory;

l Chief Secretary Committee/

Delegated Committee to

approve public purpose and

approve the SIA report if area

is above 100 acres (Otherwise

to be reviewed by Delegated

Committee so designated);

l Draft Notication to include:

- Summary of SIA;- Particulars of Administrator

for R&R who prepares

R&R scheme;

l Draft Declaration to include:

- S u m m a r y o f R & R

package;

l No Change of Purpose: No

change from the purposes

specied in the Land Use Plan

submitted at the time of land

acquisition will be allowed;

l Change of Ownership: No

change of ownership without

s p e c i f i c p e r m i s s io n o f

Appropriate Government is

allowed;

l Land not Used: Land that is

not used within 10 years in

accordance with the purposes

for which it was acquired at

the time of acquisition, shall

be transferred to the State

Governments Land Bank;

l Sharing appreciated value:

Upon every transfer of land

without development, 20

Percent of the appreciated land

value shall be mandatorily


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YE-144/2011


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O M E N S

I M P O R T A N C E

i n a g r i c u l t u r a l

produc tion bo th as

workers and as farm

managers has been growing in

the last two decades, as more men

move to non-farm jobs leading

to an increased feminiation of

agriculture. Today 48 percent of

all male workers are in agricultureas against 75 percent of all female

workers, and this gap is rising.

Further, an estimated 20 percent

of rural households are de facto

female headed, due to widowhood,

desertion, or male out-migration.

These women are often managing

land and livestock and providing

subsistence to their family with little

male assistance. Hence agricultural

productivity is increasinglydependent on the ability of women

to function effectively as farmers.

However ownership of land

is concentrated mostly in male

hands in our patriarchal society. It

has been estimated that in India,

landownership in favour of women

Inheritance Rights of Women inAgricultural Land

laND REORMS

N C Saxena

PERSPECTiVE

the clinching

argumen in

favour of land

iles o women is

he sabiliy and

securiy i provides

and he proecion

i affords from

marial violence

is not more than 2 percent (Agarwal

1995). Lack of entitlement to

land (and other assets such as

house, livestock, and so on) is a

severe impediment to efciency in

agriculture for women cultivators

because in the absence of title

women cannot get credit or be

entitled to irrigation and other

inputs, especially technology.

Womens working on land withouttitle has led to creation of a new

form of zamindari (landlordism),

as their operation is divorced from

ownership. It may be recalled that

zamindari was abolished some

sixty years back on considerations

of both efciency and equity. The

discrepancy between the ownership

and operation of land was regarded

as one of the basic maladies of

agrarian structure that acted as

a built-in-depressor. It led to

not only inefcient utilisation of

given scarce resources but also

stood in the way of augmenting

these resources. Thus in every

state the policy of abolishing all

intermediary interests and giving

ownership to the actual operator

w

The author is a Member of the National Advisory Council.


13/60


on land was adopted soon after

independence. Time is ripe now to

do so for women farmers too.

In addi t ion to improved

production, the clinching argument

in favour of land titles to women

is the stability and security itprovides, the protection it affords

from marital violence, and the

bargaining power it gives women

in household decision making

and in the labour market for

wages. However without title to

land, women are not recognied,

even by the state, as clients for

extension services or as candidates

for membership in institutions such

as co-operative societies.why land is important for

omen

- Land access can reduce a

households risk of poverty,

but for persistent gender

inequalities land solely

in mens hands need not

guarantee female welfare.

- Direct land transfers to

women are likely to benetnot just women but also

children. Evidence both from

India and from many other

parts of the world shows

that women, especially in

po or hou seh ol ds , sp en d

most of the earnings they

control on basic household

needs, while men spend a

signicant part of theirs on

personal consumption, such

as alcohol, tobacco, etc.

- Women with assets such

as l and have g rea te r

bargaining power, which can

lead to more gender-equal

allocations of benets even

from male incomes.

- Women without independent

r e s o u r c e s a r e h ig h ly

vulnerable to pover ty

and destitution in case

of desertion, divorce, or

widowhood. In parts of

western and northwestern

India, not uncommonly,

rural women even fromrich families, deprived of

their property shares when

widowed, can be found

working as agricultural

labourers on the farms of

their well-off brothers or

brothers-in-law. The fate

of deserted and divorced

women is worse.

- Tenure secur i ty , and

especially titles can empowerwomen to assert themselves

better with agencies that

provide inputs and extension

services.

- Women are often better

informed than men about

traditional seed varieties

and the attributes of trees

and grasses. If they had

greater control over land

and farming, this knowledgecould be put to better use.

Land las in post-Independent

India

Before 1956 devolution of both

acquired and inherited property

was governed by the personal laws

of the community. Although equal

rights were granted to women

in acquired property through the

Hindu Succession Act of 1956,

rights in inherited agricultural land

were specically exempted from

the Act, and were made subject to

tenancy and land reform laws of the

states. In India, agrarian reforms

through the 1950s and later took

place at a time when gender equality

was marginal to the policy agenda

and womens organisations lacked

their current visibility. Hence,

in most government land reform

programmes and land transfers,

womens land rights remained a

non-issue.

From the 1980s onwards gender

equality was talked about, but

restricted only to land distributedby government. The Plans called

for titles to spouses in productive

assets, houses, house sites and

directed state governments to

register government allotted

wasteland/ceiling surplus lands in

joint names, but remained silent

on the inequities in devolution laws

as regards women. However, the

potential of wasteland distribution

in future is extremely limited, as the

cultivable waste has already been

allotted or encroached. Hence the

main source of land title in the years

to come is not through distribution

of government land or leasing,

but through inheritance. The main

source of tenure has always been

through inheritance, and will be

more so in future, and therefore we

need to examine the tenancy laws

and the extent of discrimination

inherent in such laws.

Tenrial las for agricltral

land

As already stated, the Hindu

Succession Act left the question of

devolution of inherited agricultural

land and property to be decided by

the respective state tenancy laws.

For example, in the tenurial laws

of Haryana, Himachal Pradesh,

Jammu and Kashmir, Punjab, Delhi

and Uttar Pradesh, the specified

rules of devolution show a strong

preference for agnatic succession,

with a priority for agnatic males. In

all these states the tenancy develops

in the rst instance on male lineal

descendants in the male line of

descent. The widow inherits only

in the absence of these male heirs.

In addition, in the rst four states


14/60


mentioned, daughters and sisters

are totally excluded as heirs. In

Delhi and Uttar Pradesh, daughters

and sisters are recognised but come

very low in the order of heirs.

States where the tenurial

laws explicitly mention that thedevolution of tenanted land will be

according to personal law are very

few, and include Rajasthanand

Madhya Pradesh where the personal

law applies for all communities.

Also in the Telangana region of

Andhra Pradesh, the commentary

following Section 40 of the relevant

Act claries that for Hindu tenants

the Hindu Succession Act will

apply. In practice, however, evenin Rajasthan daughters have

been recognised as heirs only in

some judgements, while in others

male heirs alone have received

recognition. In addition, there are

states which do not specify the order

of devolution in their laws dealing

with tenancy land, such as Gujarat,

the Bombay region of Maharashtra,

West Bengal, Karnataka, Kerala, the

Andhra region of Andhra Pradesh

and Tamil Nadu. In these states

we can presume that the personal

laws automatically apply. Then

there are states such as Bihar and

Orissa for which the tenancy acts

specify that occupancy rights shall

devolve in the same manner as

other immovable property, subject

to any custom to the contrary.

This leaves open the possibility of

admitting gender inegalitarian

customs if established, especiallyfor the tribal communities in these

regions.

According to the Hindu Personal

Law, sons and daughters are entitled

to equal shares in the deceased

mans notional share inMitaksara

joint family property. But sons, as

coparceners in the joint family

property additionally had a direct

birth right to an independent share;

while female heirs (e.g. daughter,

widow, mother) had claims only in

the deceaseds notional portion.

This meant that if a man had four

acres of land and a son is born, he

is left only with two acres and the

rest has notionally gone to the new

born son. But if a daughter is born

she gets nothing unless her father

dies, that too from the remaining

two acres of land of which the son

will also get his share in addition to

two acres that was his since birth.

Also, sons could demand partition;

daughters could not. In actual

practice, daughters get nothing, as

mutation of land is generally done

in favour of male heirs. In somecases they are asked to give a letter

in favour of the sons.

Changes in 2005

Little effort was made until 2005

to do away with these discriminatory

laws. Finally after 50 years of the

1956 Hindu Succession Act (HSA),

the Government addressed some

persisting gender inequalities in

the HSA by bringing in the Hindu

Succession (Amendment) Act,

2005. One of the most signicant

amendments in the 2005 Act is

deleting the gender discriminatory

Section 4(2) of the 1956 HSA.

Section 4(2) exempted from the

purview of the HSA significant

interests in agricultural land, the

inheritance of which was subject

to the devolution rules specied in

State-level tenurial laws. The 2005

Act brings all agricultural land onpar with other property and makes

Hindu womens inheritance rights

in land legally equal to mens across

States, overriding any inconsistent

State laws. This can benet millions

of women dependent on agriculture

for survival.

The second major achievement

lies in including all daughters,

especially married daughters,

as coparceners in joint family

property. They can also demand

partition in the life time of their

father just as sons could. Third, the

Act deletes Section 23 of the 1956

HSA, thereby giving all daughters

(married or not) the same rights as

sons to reside in or seek partition of

the family dwelling house. Section

23 did not allow married daughters

(unless separated, deserted or

widowed) even residence rights

in the parental home. Unmarried

daughters had residence rights but

could not demand partition.

Fourth, the Act deletes Section

24 of the 1956 HSA, which barred

certain widows, such as those of

predeceased sons, from inheriting

the deceaseds property if they

had remarried. Now they too can

inherit.

On the debate against equality

the risk of fragmentation is an oft-

repeated argument. This contentionis misleading and cannot justify

selectively disinheriting women

(Velayudhan 2009). Fragmentation

can occur even when sons inherit.

In practice, many rural families

continue to cultivate jointly

even when parcels are owned

individually. Another argument is

that women migrate on marriage.

But one might ask: if men retain

their claims despite job-related

migration, why shouldnt women

on marriage-related migration?

They could lease out the land to

their family or someone else, orcultivate it cooperatively with other

women. This would give women

some economic security, however

small.

If her marriage breaks down, she

can now return to her birth home by

right, and not on the sufferance of

relatives. This will enhance her self-

condence and social worth and


15/60


give her greater bargaining power

for herself and her children, in both

parental and marital families.

E v e n t h o u g h t h e l e g a l

framework has been amended

in favour of women as recently

as 2005 with the deletion of thegender discriminatory clause on

agricultural land, women often

forgo their claims in anticipation

of support from their natal family

in case of marital problems or their

marriages breaking up, even though

such support may not actually

materialie. Women also face

impediments in operationalising

the statutory codes and getting their

names included in the records. Also,ownership does not always translate

into control, as is the experience of

matrilineal societies of Meghalaya

where control is exercised by the

maternal uncle. Even when women

have mutations of land in their

names, they may not have actual

control over that land. Decision

making in cropping patterns, sale,

mortgage and the purchase of land

or the instruments of production

remains in the hands of the men of

the household.

Thus the issue is not only legal,

it is also cultural. As womens

control over loans, income and

assets goes down, their access to

social resources such as knowledge,

power and prestige diminishes.

Disparity in gender status gets

intensified with the emergence

and deepening of other forms

of stratification. Subordinationand seclusion of women is more

noticed in communities where

social differentiation and hierarchy

based on ownership patterns or on

prestige is more pronounced.

Rural women may be aware of

the necessity of getting separate

legal rights over land, but they

lack the wherewithal to claim their

rights through the tedious and

harassing process of approachingbureaucracy and the courts. They

are exploited by their husbands and

even by their sons but they would

not consider challenging them.

They generally like to view their

husbands as comrades and friends

whose good wishes and advice

they would like to cherish. They

keep fasts for their husbands long

life, and aspire to die as Suhagan

(in their husbands lifetime). Theydivide men in the neat category of

good husbands and bad husbands,

without realising the inherent

exploitation in the very institution

of patriarchy and property customs

(Ellis 1988: 170). These norms

serve as barriers to womens ability

to exercise direct control over the

land they may inherit in their natal

village. Thus along with initiating

legal rights over land to women

one would have to conscientisethem about the existing realities of

power inequities within the family,

which would require a great deal of

political courage.

Asset redistribution is superior

to income redistribution. It provides

a basis for overcoming distortions

in the functioning of markets and

for restructuring gender relations

in the elds of property rights,

access to technology, healthcareand governance. Asset ownership

and control rights are preferable to

numerous policy alternatives for

womens empowerment. These

are likely to bring in changes

in public opinion about gender

roles and social cultural norms

of deep-seated social inequalities

of women such as the household

division of labour, restraints on

womens speaking in public,

constraints on womens mobility

and pervasive gender-based

violence within the home and

outside (Kelkar 2011). q

(E-mail: [email protected])

YOJANAForthcoming

IssesNovember 2011

Non-Governmental Organiations

December 2011

North East,Focus: ASSAM

November 2011&

December 2011


16/60


N E L E C T R I Cshock occurs whena person comes intodirect contact with anelectrical energy source.K. Nickolson Singh

(28) has developed an innovativedevice, which converts all electricallines to shock-free power lines. Ifaccidentally someone touches theselines, then also s/he does not feel

any shock.

Nickolson was born to a poorfamily at Wangkhei KhumanLeikai, Imphal in 1981. He had hisearly studies in local governmentschools. Since his early childhooddays, he had always been a difcultchild with a very inquisitive mindwho always wanted to do things inhis own ways.

Nickolsons father used to repairall kinds of electrical appliances athome, and he joined his fatherselectrical repairing work to givehim a helping hand. He wastaught by his father all the basicsof electrical components, and moreimportantly the precautions oneneeds to take to avoid any possibleelectrical shock while dealing withrepairing works. His father alsobought many electronic booksto read so that Nickolson could

Electric Shock Proof Converter

ShODhYaTRa

this aspec is found

advanageous for

domesic purpose for

shockproof working

of appliances wihou

any loss of curren.

this is a very usefuldevice for every

household/

commercial

esablishmen wih

elecrical insallaion

also learn theoretical part of it. Toupgrade his skill level, he was sentto a private electronic centre forfour months. After acquiring hisbasic skills, he again branched outto learn power transmission system.Again, it was his father who cameto his rescue and taught him thefundamentals.

Genesis of the idea

After retirement of his father,together they opened an electricalrepairing store in Uripok, Imphal. Inone of those repairing sessions he gota serious electric shock. From thenonwards he started thinking aboutelectronic equipments, without thedanger of having electric shocks.He rst consulted his father aboutavailability of such devices, but gotno denitive answer.

He was told that he had not

come across any such device thatprotects from electric shock. Thatwas the trigger for Nickolson tocome up with a device that wouldsolve problems of all electricaldevices users and provide answersto his unresolved questions.

There are many shock controldevices available in the market.But these devices do not convertthe electrical current to a shock-

A


17/60


free current. His father had bitterexperiences of purchasing suchdevices for RIMS, and failingmiserably on many occasions. Heeven started work on such machinesto correct the aws in the system.Unfortunately, he was not very

successful though he did nd outwhere the possible fault lay.

Both father and son haddiscussions on this issue on manyoccasions and concluded the onlypossible way to prevent electricshock was to prevent the outputphase electron flow or earthingenergy passing through to anyliving body.

N i c k o l s o n t h e n s t a r t e dexperimenting on his new concept

for years and finally he cameup with the rst device in 2003.Though he had used the device inhis workshop he was afraid to doa thorough test or tell others aboutthe machine. And in fact it was hisfather who found out the devicerst. One day his father came tothe store for some repairing work;he kept the switches on and startedworking. Accidentally he touchedon the live wires but felt no electricshock. Till then he didnt know that

his son had developed the deviceand the line he was working on wasthe output line of the device.

Then he called Nickolson andinformed him about his experience.Nickolson also repeated the sameprocess and realied that the livewires didnt have any shock.Both father and son were veryexcited having achieved their longcherished dreams and the firstprototype of electric shock proof

device was born.The shock free converter

It is an electronic system attachedto the main electricity board of thehouse, which converts all electricallines to shock free power lines.National Innovation FoundationNIF, facilitated the testing of hisdevice at IIT Guwahati, whichevaluated it and has explained itas below.

The working of this device canbe explained in three stages:

At the input stage a Multiphasechange over through Automaticswitch is built in. Thiscomprises three relays and threetransformers. Purpose of this

mechanism is to automaticallyprovide single phase outputfrom three phase input whenany phase fails or all the phasesare active but we need onlysingle phase output as is thecase with most of the domesticappliances. Signicance of thisphase is that input voltage hasbeen reduced to low outputvoltage so that it will not causeelectric shock.

Output from stage 1 i.e.Multiphase change overthrough Automatic switch isfed to second stage called asDouble phase/High Voltagevs. Normal Voltage device. Inthis device one relay and twotransformers are used. Herein case of high voltage due tomixing of two or more phasesof input supply is taken care of.Also if there is any touch byhuman being at the nal output

stages on the live wire, its relayimmediately switch the phaseto no current stage and preventelectric shock.

Output stage uses a speciallyfabricated transformer withwinding for both primaryand secondary coils. Thistransformer steps up the voltageto usable voltage of 220 volts.So when there is a contact ofhuman being at the output stageeven with the live wire, due tothe relay in the second stage,electricity circuit becomesopen through the relay. Hencethere is no electric shock. If ahuman being touches both thewires in the output stage, hegets shock. This aspect is foundadvantageous for domesticpurpose for shockproof workingof appliances without any lossof current and also applicable

for electric heaters etc. drawinghigh current compared toelectric lights etc.

The device can be constructedrugged enough to withstand poorcurrent characteristics that canfacilitate its use in conjunction withcaptive electric generator sourcetoo without manual change overand in rural areas where currentquality is poor with low voltage,higher uctuation. This is a veryuseful device for every household/commercial establishment withelectrical installation.

However, the experts at IIT havesuggested a few changes beforecommercialiing the innovations.The various stages of the device

can be integrated with a SingleProtective cover for the machineto be aesthetically attractive. Thequality of the material could beimproved, which would increasethe durability and reliability.

Nickolson is a prolic innovatorand has many other innovationsto his credit like the reuse offused tube lights, longer lastingmodified tube light choke, andmovable solar energy panel. Given

his innovative pursuits, he wasinvited to participate in the ThirdInventors of India workshop atIIM, Ahmedabad in October 2006where he described his innovationsto other invited innovators of thecountry. He was also nominatedfor a workshop at Centre of Bitsand Atoms, MIT, Massachusetts,USA in 2007.

He was also provided a scoutingfellowship briey to look for other

innovators like him from differentparts of Manipur. Nikolson provideda lot of help in organising theregional workshop of grassrootsinnovators in Imphal in July 2007.He identified more than half adoen grassroots innovators fromthe region and helped them bringthem to NIF fold. q

(E-mail : [email protected],www.nifndia.org)


18/60


SAROJ KUMARS IAS ERA

Mob.: 9910415305,9910360051Email:- [email protected]

Mukherjee Ngr. Centre:- .A-14, M-1, Mezzanine Floor, Comm Complex, Bhandari House, Dr. Mukherjee Nagar, Delhi-110009

Delhi University Centre:- 1/9, Roop Nagar, G.T. Karnal Rd., Near Shakti Ngr.Red Light, Above. P.N.B. Delhi - 110007

Dr. veena Sharma

SAROJ KUMARWith(fgUnh& E n gl i sh M e di u m)

NITISH KUMAR

RANK

78

BI HAR

SANJAY Kr. AGGARWAL

1RANK IN IAS 2002-03

in fganh ek;e

Highest Rank in 2009-10 Highest AchivementH i g h e s t A c h i v e m e n t i n I A S 2 0 0 9 - 1 0

B P S C T O P P E R 2010

Jahanabad, Bi harSANJ AYKR. SINGH

U P P C S T O P P E R 2 0 1 0

POONAM SIROHI

Amroha (U.P.)

Highest

Mark408/600

in HistoryM AN U H AN S A

J A M M U & K A S H M I R T O P P E R 2 0 1 1

(JAM M U )

Our Topper of 2010-11 PCS Our Toppers of 2010 IAS

D i n D a y a l M a n g alHandicaped/fodykax

AGRA(UP)

RAKESH KR. VERMAHAATHRAS (U.P.)

Nitin Ta ga deMAHARAS HTRA

M A NU HA NSA

(JA M M U)

MAINS SPECIAL - 1 Month21

G E O G R A P H Y - G E N E R A L S T U D I E S , H I S T O R Y , E S S A Y

GEOG., G.S., HISTORY, ESSAY, PUBLIC ADMIN., CSAT.

GS & CSAT - 3 Months

FOUNDATIO N COURSE & ALL PCS - 6-8 Months

C OM P. EN GL IS H & fgUnh - 1 MonthTEST SERIES

SPECIAL BATCH FOR GRADUATION I Year or II Year

S P E C I AL C L A S S ES F O R W O R K I NG P E O P L E E A R L Y M OR N I N G O R E V EN I N G

P O S TA L C O U R S E F O R G E O G RA P H Y, G . S . , H I ST O R Y, C S AT & E S S AY

S E P A R A T E H O S T E L F OR B OY S & G I R L S

B at ch S ta rt s f ro m

10th Sept.,10th Oct., 20th Dec. & 10th Jan

R A S TO P PE R 2 0 11

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PEN SIYA

Ganga Nagar ( Raj.)

t h

8Rank

RANK INSC & ST1

YE-143/2011


19/60


R O U N D 7 0

PERCENT of the

countrys population

lives in rural areas.

Accessibility to land is

not only economically important to

them; it also leads to a host of other

benets. As land is a State subject

under the Constitution, different

States have evolved differently

in the eld of land management.In fact there may be different

systems in different regions of

the same State also. The Central

Government has only a limited

role to play in this regard. But

surprisingly most of the initiatives

have come from the Central level

only. The Central Government

persuades and incentivies the

States through schemes or policy

initiatives.

I n d i a f a c e s t r e m e n d o u s

challenges on the issues related to

land governance. The following

data will make it clearer:

India has approximately 2.16

million sq. km. of cultivable area;

Land Reforms and the InstitutionalMechanism for its Effective Implementation

laND REORMS

Prabhudayal Meena

OVERViEW

By addressing alluses of land in aninegraed manner,

i is possible ominimize conicts,o make he mosefcient trade-offs

and o link socialand economicdevelopmen wih

environmenalproecion andenhancemen

l India has about 18 percent ofworlds population;

l 15 percent of worlds live stockpopulation is to be supportedfrom this land;

l India has about 2 percent ofworlds geographical areaand 1.5 Percent of forest andpasture land;

l The per capita availabilityof land has declined from0.89 hectares in 1951 to 0.37hectares in 1991;

l The average agriculture landholding has declined from0.48 hectares in 1951 to 0.16hectares in 1991;

l 95.65 percent of the farmers arewithin small and the marginalcategory owning about 62

percent of the land, while themedium and the large farmerswho constitute 3.5 percent ownabout 37.72 percent of the totalarea;

l Most of the cases pendingin the Courts relate to land

disputes;

A

The author is Additional Secretary, Deptt. of Land Reforms, Ministry of Rural Development, Govt. of India.


20/60


l 7.9 million persons are without

dwelling units to live in;

l In the rural areas alone, there

are more than 140 million land

owners, owning more than 430

million records;

l There are approximately 55

million urban households;

l In most of the States last

cadastral survey was done

around 70 to 80 years ago. In

fact in some States, e.g., North

Eastern States this survey has

not been done till now.

The issues related to land may

be described in following five

divisions.

1. Land Reforms

As stated above, access to land

is of critical importance in large

parts of India. Agriculture and

primary sector activities based on

land and other natural resources

are the primary source of livelihood

for a vast majority of economically

vulnerable rural population of

Indian. So, land reforms initiativeshave been undertaken to ensure

equitable distribution of the land.

First major initiative was taken

by the abolition of the zamindari

system after independence of the

country. Second round of major

initiatives were taken in the year

1972 with the enactment of land

ceiling laws in majority of the

States. These initiatives in land

reforms can be broadly categoriedinto the following elds:

l Land Ceiling- Ceiling limits

have been prescribed by the

States, above which a family

can not own the land. The

surplus land is taken over by

the State Government and

distributed to the land lesspersons.

l Bhoodan Lands- The lando w n e r s w h o h a d l a r g e

quantit ies of land werepersuaded to surrender someparts of their lands voluntarily

during the time of Shri VinobaBhave. These lands were alsodistributed to the land less

persons.

l Tenancy Reforms- Many

land owners do not practiceagriculture themselves. Theylease out their lands to other

needy persons on written ororal agreement for agriculture.Some States have enacted laws

to protect the interest of thetenants in such cases.

l Common Property Resources-The village commons are used

by the community for variouspurposes like pasture lands,for collection of minor forest

produce and fuel wood etc.Some States have conferredrights to the community

over such resources throughenactments.

l Waste Lands- States alsodistribute the wastelandsavailable with them to the land

less persons.

l Tribal Land Alienation-

Scheduled Tribes living invarious parts of India areparticularly in a vulnerable

posi tion as their lives areintertwined with the land. Mostof the States have enacted

laws to protect their rightson the land. They cannot selltheir lands to non STs. If

land is alienated fraudulentlyfrom them, then the Statesproactively pursue such cases

so that the land is restored tothe tribals.

The issues related to landreforms are being considered by

the Government of India at thehighest level. In order to evolvea comprehensive policy on thematter, two very high level bodieshave been formed as follows:

i) A Committee on State Agrarian

Relations and the UnnishedTask in Land Reforms underthe chairmanship of Ministerof Rural Development, and

ii) A Natio nal Council forLand Reforms under thechairmanship of the PrimeMinister.

The composition, terms ofreference, etc. of the Committeeand the Council were notied inthe Ofcial Gazette on 9th January,2008.

The Committee has submittedits report for consideration ofthe National Council. In themean time, it has been decidedthat the recommendations of theCommittee may be examinedby an appropriate Committee ofSecretaries (CoS) before theyare placed for consideration of

the National Council for LandReforms. The CoS has submittedits recommendations on the Reportwhich are being placed beforethe Council. The decisions of theCouncil on various land reformsissue will give a fresh impetus tothe land reforms programmes inthe States.

2. Land Management

Land figures as Entry 18 inthe State list of the Constitutionas Land, that is to say, right in orover land, land tenures includingthe relation of landlord and tenant,and the collection of rents; transferand alienation of agricultural land;land improvement, and agriculturalloans; coloniation. Entry 45 in theState list is Land revenue, includingthe assessment and collection


21/60


of revenue, the maintenance of

land records, survey for revenue

purposes and records of rights, and

alienation of revenues.

So, the land and its management

fall in the exclusive domain of the

States. Each State has a differentset up for land and land records

management. In most of the States

Revenue Department handles the

land records along with the other

issues related to land management.

Survey Department deals with the

survey of lands, Consolidation

Depar tment dea ls with the

consolidation of the lands, and

Gram Panchayats do undisputed

mutations in some States. Thechange of the land records by any

one of them makes the records of

another obsolete. So, the records

are out of date in most of the States

and they do not reect the ground

reality.

Before independence, the

revenue from the lands was a

major consideration for the proper

management of land and land

records. But after independence asrevenue from the lands dwindled, the

land and land records management

was also neglected. In fact in some

of the States the land revenue has

been abolished altogether. The

surprising fact is that the States

hardly give any priority to this

subject and most of the initiatives

have been taken from the Central

Level.

3. Land Records Modernization

As stated above, the result of the

decline of land revenue as a major

source of revenue for the States

was a declining investment in this

sector through the Plan funds. This

led to a gross neglect of the survey

and maintenance of land records,

making them hopelessly out-of-date and, therefore, unreliable.

With the advent of the industrialand commercial sectors, landemerged as an important economicresource. For development totake place at a rapid pace it wasimperative to have updated andaccurate land records at all times.

However, the traditional manualmethods of maintenance of landrecords could not keep pace withthe requirements of the modernState. It was the advent of moderntechnology which made theavailability of real-time records anachievable objective.

Moderniation of land recordswas first suggested by StateRevenue Ministers in a Conference

held in New Delhi in 1985. As aconsequence, two programmeswere launched by the CentralGovernment, vi.:

(a) Strengthening of RevenueAdministration & Updating ofLand Records (SRA&ULR), in1987-88.

(b) Computeriation of LandRecords (CLR), in 1988-89.

Under these schemes, support

was provided to the States andUnion Territories for strengtheningof the land records maintenanceinfrastructure, adoption of modernsurvey and information technologyfor updating and computeriationof both textual and spatial records,digitiation of maps, training andcapacity building.

The way the schemes wereframed, the exit modes were not

dened; nor were technology optionsfor survey rmed up; neither was thesystem of monitoring emphaticallyspelt out. Further, both the schemesof CLR and SRA&ULR excludedinterconnectivity, geographicinformation system (GIS) mapping,connectivity with banks andtreasuries, and Registration thelast of which is a vital link inupdating the land records.

Progress was uneven across

the country; some States movedforward rapidly, pooling togetherthe Central Government support

and their own resources andinitiatives, e.g., Karnataka andGoa; others lagged behind, or made

progress only in some areas, suchas, computeriation of outdatedtextual records.

Keeping in view the aboveposition, the Cabinet approved

on 21st August, 2008, the mergerof these two Centrally-sponsored

schemes of CLR and SRA&ULR,and the ir modif ica t ion andreplacement with the Centrally-

sponsored scheme of the National

Land Records ModerniationProgramme (NLRMP).

The NLRMP combines the keycomponents of the two schemes,

adds new components such asintegration of textual and spatialrecords, computeriation of

Registration and inter-connectivitybetween Revenue and Registrationsystems, f irmed up modern

technology options for survey

and core GIS. This integrated andenhanced scheme has as its goal

the introduction in the countryof conclusive titling with titleguarantee and indemnification,

instead of the present land titlingsystem which provides merelyfor Registration of deeds and

documents and presumptiveproperty titles.

The NLRMP has four major

components (i) computeriationof property records; (ii) survey and

preparation of maps using moderntechnologies, (iii) computeriationof the Registration process and

(iv) training and capacity building.

T h e N L R M P i s b e i n g

implemented in a methodicalmanner and all the districts in thecountry are expected to be covered


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by the end of the 12th Plan. Further,the activities are being undertakenin a systematic manner, which are toconverge in the district and districtis the unit of implementation.So far 206 districts in 29 States/UTs have been covered under theprogramme and funds to the tune ofRs.518.63 crore have been releasedtowards Central share.

4. Land Acqisition

Land is required for variousdevelopment purposes. TheGovernment uses the provisionsof the Land Acquisition Act, 1894to acquire land in such cases. Theindiscriminate use of this Act has

caused various agitations andsocial unrest in the country. Themain objections have been thatthe good agricultural land is beingacquired which is endangering thefood security of the country, excessland is being acquired for a projectwhich is further sold at a premium,market rate is not provided to theland owners, farmers are paid therate of agricultural land while theland is used commercially, adequate

rehabilitation and resettlement ofthe displaced persons is not beingensured etc.

To address these issues, theCentral Government has notieda comprehens ive Na t iona lRehabilitation and Resettlementpolicy 2007(NRRP-2007) on 31stOctober 2007. The Policy providesfor basic minimum requirementswhich must be extended to all

the affected families, while theStates, Public Sector Undertakingsor agencies are free to put inplace greater benefit levels thanthose prescribed in the policy. Togive legal backing to the abovepolicy, the Central Government hasintroduced the Land Acquisition,Rehabilitation and Resettlement Billin the Lok Sabha on 7th September,2011.

5. Land use Planning

Impacts due to poor land use

are being highlighted in terms ofriver pollution, industrial haards,

conicts in land use etc. Acuteproblems of drinking water, disposal

of industrial waste on land andwater have become haardous tohuman well being in rural areas

of many States. In recent years,conflicts between farmers and

proposed industrial projects havebeen reported from various States.

The land use/land cover pattern hasalso been signicantly changing

over a period of time and landsuitable for one purpose is being

used for other purposes. The prime

agricultural land producing threecrops are being used for industrialpurposes whereas large stretches

of waste lands not far off from theproposed site continue to remain

unproductive for both purposesof industry as well as agriculture.

Land use planning is, therefore,essential all the more for the

country to meet the requirementsof socio-economic development by

safeguarding the environment andfood security. Land use planning

is also essential in physicalenvironmental management as well

as bio diversity conservation.

Some States have done goodwork in this eld. One example of

Gujarat may explain the benets ofthe land use planning. In Gujarat,

all the cadastral maps have beendigitalied and around 600 GIS

layers of 20 Department have beenplace over these digitied maps.

Based on these layers only, StateGovernment could locate the land

for NANO plant of TATAs and givethem possession within 72 hours.

The yardsticks for the selection ofthe area were that the land should be

government wasteland; it should benear the Highway and availabilityof power etc.

Therefore, we need a proper,

integrated land use policy for the

country which may cover usage of

land for various purposes such as

agriculture, industry, commerce,

forests, housing infrastructure,

urban area settlements, mining, etc.

By addressing all uses of land in

an integrated manner, it is possible

to minimize conicts, to make the

most efcient trade-offs and to link

social and economic development

with environmental protection and

enhancement.

Today, we have modern

technology of remote sensing

which includes both aerial as well

as satellite based systems whichallows us to collect physical data

rather easily, with speed and on

repetitive basis, and together with

GIS helps us to analye the data

spatially, offering possibilities of

generating various options of

modeling, thereby optimiing

the whole planning process.

These information systems also

offer interpretation of physical

(spatial) data with other socio-

economic data, and thereby providean important linkage in the total

planning process and making it

more effective and meaningful.

So, in a nut shell proper and

scientific plans for the land use

are essential. The Department of

Land Resources (DoLR) is already

working in this eld and it proposes

to have a National Land Use Plan

in place. The States will also be

helped by the DoLR to preparethe State Land Use Plans. In fact

the vision is go down up-to the

village level with such plans. Such

land use plans will capture the

overarching concerns: ecological,

food production, livelihood and

allocating land for the industry and

developmental purposes. q

(E-mail:[email protected])


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NORTh EaST DiaRYHYDEL POwER GENERATION AND GROwTH OF TOuRISM

TECHNOLOGY MISSION IN ARuNACHAL

The Ministry of Development of North Eastern Region is ramping up its developmental efforts to

boost employment in the region by focusing especially on hydel power generation and the growthof the tourism sector in the region. The eight northeastern states offer a blend of picturesque

landscapes, age-old cultures, exotic food and vast tracts of few world-renowned wildlife and bird

sanctuaries to their visitors.

Their remoteness has meant that not much is known about them to the outside world. It offers vastopportunities for investment in tourism and allied sectors to open up the region. Tourism is another sector,which is fast growing and has the potential of creating vast avenues for self-employment.

Northeast is the powerhouse of the country and the region has the maximum avenues of for harnessinghydropower, which is eco-friendly and economical. It is a perennial source of power. It has been said thatthe Northeast has the potential to "light up half of India". One of the hydel power projects in the regioninclude-Khandong (50 MW) and Kopili I and II (225 MW) in Assam, Ranganadi (405 MW) in Arunachal

Pradesh, Doyang (75 MW) in Nagaland and Loktak (105 MW) of Manipur, Ranjeet (60 MW), Teesta StageV and Teesta Stage IV of 510 MW and 520 MW each and three power plants in Mioram, generating a totalof 1,526 MW.

It is expected that the Northeast will generate 70,000-mw, once all the projects take off. North EasternElectric Power Corporation Ltd. (NEEPCO) and National Hydroelectric Power Corporation are working in

coordination to promote the region as a powerhouse of the country. q

The little-known Lower Dibang Valley District of Arunachal Pradesh is emerging as the fruit bowl

of the state with its farmers making optimum use of the Centre's Technology Mission. The state'sHorticulture Department has capitalised on the favourable sub-tropical and temperate climate in

the valley and through the Technology Mission has achieved a bountiful crop of orange, pear, jack fruit,

banana, pineapple, peach, kiwi and plum in the last few years. Particularly successful is the valley's orange

cultivation which is spread over an area of approximately 2,000 hectares. The total production of oranges

in the current nancial year amounts to 800 metric tonnes, which in itself is a record in the region.

The Technology Mission has helped growers like Dature Miuli, who owns 13,500 orange plants and

Thusi Pulu and Miranda Miuli who own 3000 plants each. "Orange production even in a small garden gives

good returns every season. Therefore, I have been gradually increasing my area of cultivation,"says Dature

Miuli. The region around Kornu-Injono-Simari-Balek-Abango and Samak Nalah are high yielding areas and

contribute more than 50 percent of the total orange produce in the district.

According to District Horticultural sources, in not too distant future, people here would become self-reliant

by producing sufcient oranges. The department has a citrus nursery at Balek, about 10 kms from Roing. The

nursery also imparts technical know-how for enhancing orange Production. Besides oranges, the Department

is also aiming to encourage and propagate production of ginger in the area.

Till now at least 2,500 hectares had been brought under ginger cultivation. The production recorded this

year is a whopping 6.250 metric tonnes. In addition, the department is also concentrating on promoting

cultivation of medicinal plants such as aloe vera, cinnamon, amla, brahmi and arjuna. However, lack of

proper marketing facilities is hampering the development of horticulture in the district. q


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HEN ONE thinks of

land reforms in India,

the first state which

comes to mind is

Kashmir. It all began

with a movement of the peasants in

1931 under the leadership of Sheikh

Abdullah. Then came in 1944 the

Magna Carta of social change, the

Naya Kashmir (New Kashmir)

resolution, in which land reform

was an integral part. The resolution

promised abolition of landlordism,

land to the tiller and co-operative

association of tillers to regulate

production and sale of crops and

agricultural goods.

Sheikh Abdullahs ideals and

leadership kept aloft along with theideals of secularism and socialism,

Kashmirs long drawn struggle

against autocracy and feudal system.

Sheikh Abdullah championed land

reforms and decentralised planning

under the banner of the political

party the Muslim Conference in

Land Reforms: Jammu and KashmirShows The Way

laND REORMS

George Mahew

PERSPECTiVE

the remarkable

achievemens

of Jammu and

Kashmir in land

reforms mus be

used o enhancehe qualiy of life of

he people hrough

good governance

the beginning and later changed

to National Conference. He raised

peasants issue through the doctrine

of Land to the Tiller.

History of Land Reforms in the

state

Till 1931, the land in Jammu and

Kashmir was under the control of

Maharaja. The peasants and landless

artisans movement began then

culminates in the 1944 charter The

New Kashmir. The Quit Kashmir

Movement led by Sheikh Abdullah

and the National Conference Party

on 10 May 1946 drew its strength

from the exploited peasantry. The

movement was stronger in the

Kashmir region than in Jammu.

Immediately after coming to

power in 1948, Sheikh Abdullah

implemented the land reforms,

which was in conformity with

the basic principles of agrarian

programme as ou tl ined in the

New Kashmir. All Jagirs and

w

The author is Chairman, Institute of Social Sciences, New Delhi.


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Maufs were abolished during the

first phase within a few months

(April 1948 October 1948) and

tenants rights were protected.

Then came the Big Landed Estates

Abolition Act (October 1950)

which transferred the land to the

tiller. The Act puts a ceiling on

holding of land with a ceiling limit

of about 22.5 acres of land.

When the most drastic piece of

land reform in India was passed,

Jawaharlal Nehru became envious

of the government of Kashmir

for its speed and clarity. He said,

I confess that I look with some

envy on the speed and clarity with

which they (Kashmir Government)

have performed this task there,

considering the enormous trouble

we have had in the various States

of India, the difficulties, the

obstruction and the delays that we

had to face, and so, I became a little

envious when I saw this was done

in Kashmir.

The Big Landed Estates Abolition

Act, 1950 had extraordinary results

for the landless. According to M.

Aslam, as many as 9000 and odd

landowners were dispossessed

of 4.5 lakh acres of land held

in excess of the ceiling. Out of

this 2.31 lakh acres of land were

transferred with ownership rights

to cultivating peasants free of anyencumbrance.

Several social scientists and

historians see the action by Sheikh

Abdullah as historic and a crucial

step for the development of Kashmir.

For instance, Ramchandra Guha

says, Within Kashmir Abdullah

gave top priority to the redistribution

of land. Under the Maharajas

regime a few Hindus and fewer

Muslims had very large holdings,

with the bulk of rural populations

serving as labourers or as tenants

at will. In his rst year in power

Abdullah transferred 40,000 acres

of surplus land to the landless. He

also outlawed absentee ownership,

increased the tenants share from 25

percent to 75 percent of the crops

and placed a moratorium on debt.

His socialistic policies alarmed

some elements in the Government

of India, especially as he did not pay

compensation to the dispossessed

landlords. But Abdullah saw this ascrucial to progress in Kashmir.

Thus Jammu and Kashmir has

the unique distinction of introducing

the most radical land reform in

India. It was a watershed in the

history of Jammu and Kashmir and

a measure, the rst of its kind in the

sub-continent, lauded by different

sections of society and people

belonging to different walks of life

in the country. The land reform

greatly helped the marginalied

sections, especially the scheduled

castes to become land owners.

According to the research done by

Dr. Ashish Saxena in Jammu, during

1950s-70s out of the total surplus

land of 672 Kanals mainly taken

away from Rajputs and Mahajans,

70.24 percent was allotted to SC

tenants. A radical intergenerational

shift in the occupation pattern of the

SCs in terms of landless agricultural

labourers to land owning peasants

from grandfathers generation

(nil) to 47.1 percent in the present

generation has taken place in the

region.

It must be stated here that

the vision of Naya Kashmir and

the radical land reforms in the

early years of independence laid

the foundation for decentralied

governance in the state.

In 1963 the Government set up

a Land Commission to nd out the

various discrepancies which had

crept in the land tenure pattern.

The recommendations of this

commission formed the basis of

J&K Agrarian Reform Act 1972

which was further amended as the

J&K Agrarian Reform Act, 1976.

Under the Act the rights in a holdingof land of any person not cultivating

it personally were extinguished

and vested in the State. The ceiling

of holding in all other cases was

reduced from 22.5 acres to 12.5

standard acres which could be

higher than 12.5 acres depending

on different categories of land of

low quality and as low as 8 acres in

the case of the best quality irrigatedland.

On Feburary 9, 2007 the Jammu

and Kashmir assembly passed the

Roshni Bill. The bill was aimed at

providing ownership of 16.6 lakh

kanals to farmers. The ownership

of Government land which is under

farmers cultivation would be given

to them at a meagre rate of 10

percent of the rate prevailing in their

respective areas. The total ceiling of

the agriculture land owned by a

farmer including his proprietary

land and the Government land,

which can be purchased by him,

shall not exceed 100 kanals as

prescribed under the Agrarian

Reforms Act.


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Tenancy Reforms

One area of land reforms in

which States record is indeed

creditable is tenancy reforms.

Incidence of tenancy, both in terms

of number of households leasing-in/leasing-out land and leased-in/

leased-out as percentage of area

owned, has sharply declined in the

State between 1971 and 1981. The

achievement in the area of tenancy

reform can be attributed to the

various Acts enacted in the State

from time to time. The Act of 1976

made comprehensive provisions that

with a few exceptions which are in

general public interest, ownership

follows personal cultivation. The

Act prohibits the creation of new

tenancy and extinguishes existing

tenancy except in certain cases.

Decrease in the incidence of tenancy

has had a positive impact on land

distribution.

As per Government of India

report, total 6,10,000 tenants havebeen conferred ownership upto

September 2006.

The Impact of Land Reforms in

Jamm and Kashmir

I travelled extensively in

Kashmir during the recently held

panchayat elections in the state.

My study showed that there was

perfect social harmony during

the hotly contested elections to

the halqa panchayats. The main

reason attributed to it was that

the violence by the all powerful

landed gentry against the landless

was totally absent. That is to say,

the land reforms since 1950 and

the pro-poor ethos the then leaders

generated, had created a congenial

atmosphere for democratic elections

and working of panchayats. While

in many states the landlords and

feudal elements are responsible for

violence during local government

elections, the 2011 May-June

elections in Jammu and Kashmir

presented a different picture with

more than 80 percent voting without

any incident of violence.

Land Reforms and working of

Panchayats

Why panchayats are not working

in most states as institutions of

self-government? This question

troubles all concerned. The main

reason is: for panchayats to be

effective land reforms is an essential

pre-requisite.

On the other hand it has to be

seen as a dialectical process as

well.

While land reform is a necessa

yogana english october 2011

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