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Summary of Discussion on Draft National Land Reforms Policy

Moderators Note: Dear Members, While we convey our sincere thanks to all the members who have given response on the draft National Land Reforms Policy (http://rural.nic.in/sites/downloads/latest/Draft_National_Land_Reforms_Policy_July_2013.pdf), we are  happy to share the outputs of the discussion with our esteemed members. Full responses of members are available at: ftp://ftp.solutionexchange.net.in/public/mf/resource/res04091301.pdf.


Summary of Discussion on Draft National Land Reforms Policy

 Overall Observations

Pro-poor and Pro-women policy: Overall, the draft National Land Reforms Policy is pro-poor and pro-women. But three aspects in particular need further consideration: Women’s land rights; Tenancy; and Public Land Bank.

 More focused towards rural land reforms: The ‘Draft National Land Reforms Policy’ seems to be skewed more on rural land reforms. Urban land issues are equally complex though the size might be smaller. Hence the draft would do well to have urban related issues addressed as well. Besides, land use plan for urban areas it will be useful to include the crucial aspect of earmarking ‘dumping space’ for urban wastes. There is hardly any mention of the pro-poor land issues in urban India. The issues of pavement dwellers, street vendors, slum dwellers, un-regularized colonies, and the like are not mentioned in the policy.

Exemption of North Eastern region: The Policy has exempted the states of North-Eastern India and does not seem to be adequately clarifying the reasons for the same.

Introduction needs to be more focused: Introduction part of the policy is perhaps going to serve as preamble of the policy therefore the policy needs to be sharper in terms of its intentions towards the land issue. Land is not a commodity which can be left to market. This is linked to livelihood, culture and dignity of the people and communities. Reading through the entire document, it is somewhat clear that the policy goals are fivefold; a) Land Distribution b) Land Restoration c) Land Protection d) Women’s Land Rights, and e) Institutional Reform for efficiency, transparency and accountability. These five policy goals should be clearly stated in the introduction.

Coverage of Backward Classes in the policy: There has been little mention of the other backward classes (OBCs), Salt farmers (in Gujarat’s context).

Interconnections between demand for agriculture and non-agriculture purposes: The proposed policy needs to address the interconnections of surging demand of land for agricultural purpose and demand of more land for non-agricultural purpose and to strike a balance through land reforms policy.

 Mention of the failures in past with respect to land redistribution : The failures of the past with respect to land redistribution, its equitable distribution and management must be laid out and analyzed along with the considerable data and land use plans already available with the State Governments. This will help in making the policy sharper.

Administrative reforms and improvements in institutional processes: The Policy encompasses a very large set of pro-active administrative, legal and quasi-legal actions to ensure the rights to land of all socially and economically marginalized communities including SCs, STs, Women, Nomads and the like. Additionally, the policy proposes a number of administrative reforms, and improvements in institutional processes to make it more efficient, transparent, and accountable. In the present form, these proposals are scattered in the text. It is useful to have those under a Part-B of the policy.

Budgetary provisions to be given in the report: There are several measures prescribed in the policy that would require substantial budgetary support from the state and central government. Considering the precarious status of the finances of many states, it is almost obvious that the central government will have to provide requisite budgetary support to make it happen. It is not clear whether the central government has computed the budgetary requirement to support implementation of this policy. A brief about the budget support should form part of the policy.

 Specific Suggestions of the Members on various issues of Draft National Land Reforms Policy:

Chapters /Themes Comments/ Suggestions
I.             Introduction

 

 

 

 

Fresh Land use data required and sources of data to be quoted throughout: The India Rural Development Report 1992 data (Para 4 – page 3) could now be redundant as many changes have taken place in the 21 years after the report. NSSO’s data of 2003-04 could be current than 1992 but still is stale comparing to the dynamic status of the issue. Hence a fresh Land Use data and plan would certainly be useful. It will be useful if the source of important data quoted in different sections of the policy, is given.

More desegregated data needed:  Dataset provided in this section and in some subsequent sections, is limited and lacking desegregation of states, category of land issues, constituencies (women, single women, nomads, etc.), longitudinal trends, etc.

II.           Land Use Plan

 

 

 

 

Defining the terms ‘Land Use’: In the ‘Land Use Plan’ defining “Land use” will be useful. The section must also mention the competing interest for the “land use plan” and preparedness for managing those interests.

Prescribing ratio limits to land use: Land use plan must also prescribe the ratio limits to land use for different purpose.

Creating a National Body: A national body on the pattern of development council, under the Ministry of Agriculture should be formed where gram sabha should be recognized as the competent authority for all land related matters.

Monitoring and Accountability: The goals to be completed within specified number of years needs to be specified. Such commitment would make the policy useful in terms of monitoring and accountability.

Process of identification of land: The process for identification of land is also not mentioned in the policy. A uniform method for state to identify the available land must be prescribed in the policy. Different states have different terminologies used for various types of land. Hence it will be good to list out all those known types of land in the document.

Specify the mechanism of preparing land use plans and Master plans: The policy has to carefully draft its positions on how land use plans and master plans would be prepared and finalised. For example in the Introduction itself it is hoped that master plans from the state to the block level will be prepared and areas unfit for agriculture would be allocated for industrial and other non agriculture uses.

Pro-poor land use plan: It would also be important to share all the data generated on current land uses with the gram sabhas and with different stakeholders to jointly arrive at a pro-poor land use plan. This has not been clearly stated in the document.

Ceiling of surplus lands to education institutions needs to be increased and made more than the 15 acres and could be allotted on actual need basis rather than on ad-hoc basis.

Redistribution of un-utilized lands acquired or allotted for public purposes:  It suggests the reversion of land allotted if not utilized for the purpose within 5 years of allotment. Does this include those sold by government for housing purposes? If so, what is the sanctity of a sale deed which gives the right of piece and parcel of land to a buyer, his representatives and / or heirs? This should be adequately clarified and taken care of.

Specify Participatory Process: Policy document may specify that the Land use plan will be prepared in a participatory, integrated  and bottom up manner.

Review existing Land use plans: It will be useful to critically review the existing land use plans for all states, before going in for new land use plan.

Reverse mortgage product for senior citizens: Within the ambit of the Draft National Land Reform Policy, the Government should seriously consider introduction of a financial product so that the asset rich and cash poor senior citizens can fight old age poverty and diversify and reduce the risk of longevity through RAM (Reverse Annuity Mortgages). 

*A Reverse Mortgage is a form of financial arrangement between an ‘Asset Rich-Cash Poor’ Borrower and a Reverse Mortgage Lender. This arrangement allows elderly persons to convert their substantial house equities into loans in the form of cash advances requiring no repayment until a future time.

III. Assignment of Land to the Landless Poor

 

 

 

 

 

Define ‘Landless’ and ‘Time Bound’: ‘Landless’ and ‘time bound’ needs to be defined in this chapter to give more clarity.

Define ‘Public Purpose’: ‘Public purpose’ must be defined in the policy and also the non-public purpose must be categorized. Land allocation for non-public purpose must be prohibited.

Ceiling Limit: Ceiling on land should be decided by each state according to the regional criteria.

Use of donated Land: In the category of ‘Bhoodan land’, the consent of donor should be waved. The demarcation of land available with Bhoodan committee must be completed and then legalized.  In the sub-section of government land, land available with Railways and Defense which is not being used since its acquisition must be taken. These categories must be included in the government land.

Land Donation information on Web: In order to have more transparency, the information about the land donation and also allocation can be made available on the web. People who donated the land should also be listed in an on-line document.

Assignment of land: Bhoodan land and ceiling surplus land, and land for religious institutions are often governed by separate laws. Therefore it is advisable not to include these categories in this section. Separate section may be created for treating ceiling surplus and Bhoodan lands.

Specify State land bank and Community land bank separately (Section-III-a-b): Both these sub-sections discuss about ‘land pool’, but under different sub heads. This is creating confusion which may be rectified. Also section XII discusses again  about ‘land bank’. These two terms have different meanings in different states. It is useful to declare one as ‘state land pool or state land bank (SLP-SLB)’ and the other as ‘community land bank or a community land pool (CLB-CLP)”.

Ceiling Surplus land (Section III-d): Ceiling laws can be implemented only with greater pro-poor political mobilization on the ground which does not exist today. Therefore, this proposal is impractical and not realizable and in fact given the difficult historical implementation distracts from the many feasible points made in the policy.

Land to religious institutions (Section III-h): While recognizing the need to relook at Wakf board’s land, singling out land of religious institution of one community is socially and politically not desirable, particularly when, such issues exist in land given to other religious communities as well. The ceiling limit with regards to land that can be given to religious institutions must be re-considered and it should not be more than 5-10 acres.

Provision of Including additional names if some genuine people are left out: There should be a provision to approach higher authority in time bound manner if someone wants to include his/her name. It is because, there may be a chance when gram sabha with majority can discriminate a person/family/community on any reason. 

A system of surprise check after the allotments of land: After allotment of land to landless poor, there must be surprise checking system and strict rules to stop sell/transfer of this land. Also, it must be provisioned that land should be used by beneficiary only for the defined purpose. There should be a complaint window where anyone can write about any complaint of land misuse by anyone.

IV. Protection of Lands belonging to Scheduled Castes,Scheduled

Tribes and other Marginalized Communities

 

 

 

 

Bring all policy prescriptions pertaining to protection of land of the Dalits, Tribals and Women at one place: Protection and restoration of land have been used in a number of sub sections almost interchangeably, creating confusions around the importance of these two distinct actions. We suggest a) all the policy prescriptions pertaining to protection of land of the Dalits, Tribals and Women be brought under one Section; and b) all such policy prescriptions pertaining to restoration be brought into another section clearly distinguishing the two.

Prescribe the timelines for review: The time line for review of existing laws and policies must be prescribed. 

Restriction on purchase of tribal land – not helping Tribals: The restriction on purchase of tribal land by non-tribals is not helping them at many places. It will be better if some transparent guidelines on fixing prices, land titles, plot sizes which can be sold etc. are issued so that tribal are also able to get better prices.

Special Task Force for Protection and restoration of Tribal land:  A special task force needs to be created at the state level to specifically institute a legal aid programme for protection and restoration of the Tribal land for next five years to address long pending issues.

Land Protection Fund and Land Consolidation Fund (Section IV-c-i and V-c-vi) –  Creation of a Single fund:

Creating two fund mechanisms is cumbersome and confusing to the people for whom it is intended so creation of only one fund to be situated at the Gram Panchayat for both purposes is proposed.

In case of scheduled areas, land cannot be alienated without the permission of Gram Sabha. However, sale and purchase of land among the tribal population is allowed. This provision cannot be taken away by Gram Sabha under Indian laws nor is it desirable to do so.

V. Scheduled Tribes and Land Access

 

 

 

Review of Forest Rights Act: Amendment in Forest Rights Act to rationalize the provision of three generations for other forest dwellers (non-tribal) must be reviewed. Provisions of PESA must be implemented in letter and spirit in cases of mining in schedule V areas.

Forest and Revenue Boundary Disputes Reconciliation and Settlement (iii) – If in case, the allotted land granted under FRA, 2006 have a richer biodiversity, whether such land would be handed over to revenue department once it is proved as a revenue land. Policy needs to clarify the guiding norms under which a forest village is transformed into a revenue village?

VI. Land to the Nomads

 

 

 

More clarity on the method of identifying Nomads: More clarity is required on – how to identify the nomads, and how to ensure that they have not utilized the same facility in some other state.

Settling the Nomads should be part of special development initiative of the MoRD or MoTA, under which at least 10 decimal homestead land and appropriate size of crop-land may be considered through proper piloting.

Right to Minimum Land Holding Act: The proposal to design a “Right to Minimum Land Holding Act” seems to be an attempt to change the definition of ‘Nomad’ and its subjective role in terms of environmental conservation. Whether in long run, the ecological services provided by a nomad would get discounted, the moment he/she is provided with permanent land settlement. Secondly, it do not mentioned about the entitlements provided to a nomad in an Indian society. Under what ground, the land titles would be allotted and legitimately recognized?

VII. Land Rights to Women

 

 

 

Unequal access to land – cause of inequality for women: Women’s right to land is a critical factor in social status, economic well-being and empowerment. Land is also a social asset, crucial for identity, political power and participation in the local decision – making process.

Giving women individual titles: There are contradictory provisions on this count in the draft policy. Some provisions recommend transfers only to women, others as joint titles (see clauses ii, vi, vii, x, xi, xiii).  In some cases, different clauses recommend different things even for the same type of transfer (e.g. homesteads or resettlement).

There is merit in giving women individual titles for the reasons stated in clause vii (p. 18) in that joint titles with husbands give little control to the woman. If a fixed amount is allotted per family then each spouse could be given half the allotment. Individual titles would also work for single/widowed/separated/divorced women.

Include single women as a category and redefine family: It is important to include the category of single women and define family so that women are listed as heads, with land being transferred to women of the next generation.

 

Creating support systems for women for economic security: We need to ensure that women cultivators are not faced with challenges regarding working capital and marketing hurdles and prices.

Build capacities of women to take informed decisions: While women have been given training to take informed decisions on the responsibilities bestowed upon them viz. common property resources etc.

Special Provisions and Schemes for Women: Special provisions and schemes in land allocation are required under CPLR and other programmes for Female headed Households.

Simplification of Administrative Procedures:  Simplifying administrative procedures for women to claim land rights is essential. Often, unfriendly administrative system coupled with complex and confusing procedures prevent women to claim their rights.

Creating conducive Environment to facilitate in claiming for land by the women: Recognizing claim of women over land, legally as well as socially it is important to create an enabling environment where women could assert their land rights through awareness generation, capacity building and changing mindset or social attitude.

Laws related to mortgaging women’s land for loans : Social, religious and legal norms governing dowry practices/inheritance, high cost of marriage/ costly wedding affairs where loans are obtained while mortgaging a piece of land etc. needs to be reviewed and reworked.

More women in decision making: More women in decision making bodies may be seen as a step towards pushing women friendly agenda.

Loans to Women: Loans to women’s group for collective cultivation of land in order to enhance women’s collective land ownership, needs attention.

Priority to Single Women: Single women are one of the most vulnerable categories for land alienation as also during land grabbing. Hence, giving priority to single women in:  protection from land alienation; restoration of alienated land; prevention of land sale out of distress as also in land development is a must. 

Land titles to women on property owned by men: It will be important to intervene in the individually owned property which is largely in the name of men. Hindu Succession Act or any other personal law for that matter is not enough to guarantee land rights for women. The states should be held accountable to see through the implementation of these personal laws by setting up different mechanisms to facilitate the process.

Reserving land for urban poor and its impact on poor women: Discussion on land and livelihood is generally focused on rural poor. However, the urban poor, especially women, also face severe hardships, sometimes face greater difficulties. For example – The rate of urbanization and migration from rural to urban areas is about 35% in Gujarat while the reservation of land is about 10% for urban poor.

Hindu Succession Amendment Act 2005: On the Hindu Succession Amendment Act 2005 (para viii), some parts of this para are no longer valid in the present form and sentences from “Various provisions need to be reviewed…. State laws related to agricultural land” can be deleted. What we need, however, are mechanisms to ensure that women are not coerced into signing away the shares promised to them by the Hindu Succession Amendment Act 2005. A sharing of experiences by grassroots groups on how this can be done would prove useful.

Involving local grassroots groups in Monitoring : Recommendation on speedy implementation of the HSAA (para ix) is a good one. But to be effective, the monitoring needs to involve local grassroots groups as well.  In addition, another recommendation is needed, namely for setting up a systematic mechanism for spreading awareness of the HSAA and providing legal aid to women who need such support.

Marital Property: The issue of marital property is complex and it should not be brought into the land reform policy (clause xiii) since it has ramifications on inheritance and other laws which have to be thought through.

increasing women farmers’ land productivity: In the “Twelfth Plan Working Group on Disadvantage Farmers”, there are many recommendations for increasing women farmers’ land productivity, including Resource Centres at the panchayat level, for providing  them technical inputs, training, information, and help in accessing government services. Hence, clause xx could be modified and extended.

VIII. Homestead Rights

 

 

 

 

Define Homestead Land: ‘Homestead land’ needs to be defined clearly in the Policy.

Problem about the figure of 8 Million having no house : The fundamental problem here is that the “8 million” figure ignores all those extreme poor who have a simple house, but one that stands on a parcel of land that barely extends beyond the footprint of that house, thus providing no, or virtually no, non-housing benefits. From past discussion, probably the best figure to use is “About 18 million” rural households as lacking a “house of their own accompanied by ownership of underlying and adjacent land of, or close to, 10 cents in size.”

No reference to purchase as a source of land:  It has been fundamental to the Homestead program, as actually developed in the field in several States, that purchase of suitable land in the open market, on a willing buyer-willing seller basis, be available as a source of land for the program. 

No Mention of Central Government Funding for Homestead Programme: There is no reference to Central Government funding of a national Homestead program.  Yet, some states, as now, may sufficiently understand the crucial role of a Homestead program in fighting poverty and in addressing land-based grievances to be willing to use their own funds, specifically for land purchase, but a major and truly universal national program must have Central funding (including, as set forth in the draft National Right to Homestead Bill, 2013, for at least 75% of the cost of purchased land).

No mention of Women’s Rights: There is no reference to women’s rights to Homestead land.  There is an extensive Chapter – Chapter VII on “Land Rights to Women” however an explicit statement in Chapter VIII itself would be highly desirable.

No Reference of National Right to Homestead Bill, 2013: Essential specifics are missing.  The draft National Right to Homestead Bill, 2013 lays out a series of crucial points that field experience has shown must be needed if a Homestead program is to succeed but Chapter VIII is extremely brief, ignoring this body of existing experience.  At the very least, as to providing specifics, this draft Policy paper should refer to the existing draft National Right to Homestead Bill, 2013, and should probably refer to and highlight some of the most important provisions that experience has shown are needed for success.

Homestead plots for single women: Women deserted by their husbands, widowed, sex workers and a myriad other forms of singlehood that comes from marginalisation needs to be categorically stated here and access to homestead land and group access to land for livelihoods needs to be given. 

IX. Common Property Resources

 

 

 

Define Common property – ‘Common Property Resources’ must be defined clearly in the policy.

Specifying the purpose for which common land can be used: Just allotting as common land will not solve the problem, but it should be specified for specific purposes. Solid waste is emerging as a key environment issue, land for solid waste management should be made as a compulsory component.

No individual rights over commons: Common lands is a contentious area and while the policy has taken care to state that the identification would be done by Grams sabhas and that there will be no individual rights over commons, in stating that there would be rights of different communities such as nomads, women’s groups landless etc. the document opens up areas of contestation. There is a need for careful drafting of how these rights would be administered, especially in the light of the fact that the policy is also arguing for independent rights over lands for all.

 

Include wasteland groups besides other collectives: As the policy provides for allotment of lands to women’s groups for cultivation and productive investments, such benefit may be made more inclusive by including the watershed groups, which are mostly men SHGs. This will help the producers organization to scale up their operations.

Rural Business hubs and other social infrastructure to be earmarked to one spot: Land should be consolidated such that, ‘common land’ belonging to village Panchayats which can be used in future to develop rural business hub and infrastructure for education, sports, ponds, health and development administration should be earmarked to one spot rather than be scattered across different locations.

Land use departments at the district level and multi-stakeholder committee at the village level : The Policy provides that the common land will be allotted by Gram sabha. But, in many villages, still the Gram Sabha is not active. Hence, land use departments at the district level can form a village level multi-stakeholder committee. This committee be vested with the power of allotting common lands.  This committee’s decision can be approved by gram sabha, so that President cannot manipulate the gram sabha proceedings.

Provision of Financial allocations for developing infrastructure: There should be a provision of allocation of financial resources in village Panchayats to develop infrastructure on this common land to be utilized for community as a whole. 

Development model of CPR (vii) – JFM model has been criticized often as a State commodity, where community rights and facilities are provided lesser scope in terms of development. Instead, a model based on community forest management needs to be emphasized for betterment of CPR.

Water bodies not mentioned in the policy: Water bodies including live and moribund rivers, and flood plains of the rivers are part of Commons that do not find mention here. This needs to be added.

Commons Policy to be mentioned in the policy document: There is a Supreme Court judgment in 2011 asking every state to form scheme of removing encroachment of commons. In response, Rajasthan Government has formulated a commons policy. Though that policy needs adoption based on local contexts, the land reform policy should mention this in the policy.

Use of CPRs should be restricted to women groups, cooperatives or user associations:  Management of CPRs has been rightly mentioned as to be given to its users. However, evidence exists in some states where CPRs under the custody of the Gram Panchayats have been leased out to private parties under a user fee. Also use of CPRs has been diverted to produce Bio-fuels under state dictate. To protect from such tendencies, use of CPRs should be restricted to women groups, cooperatives or user associations as decided by the Gram Sabha. 

Bring in gender perspective: Even among the landless and the poor, women are the most affected so CPR issue needs to be seen from gender lens.

More say of women rather than all women Committees at the panchayat level (xiv):  It would be useful to say that women should have a say in CPR matters through sub group meetings. Committees should not be of only women or only SCs or STs as that forecloses any dialogue between different marginalized groups.There is no reason (clause xiv) why management of common property resources should be only women’s responsibility, nor is there consensus that panchayat committees should take charge. CPR management should be joint gender responsibility with 1/3rd or ½ women members.

X. Tenancy

 

 

 

 

 

Long term lease useful for poor farmers: The government should insist on long term lease so that poor farmers who want to take land on lease can plan its utilization for long term. It will help both the lessor and lessee and maintain heath of soil as well. If lessor wants his land to be vacated, or lessee wants to leave the land, either party may give a notice period of at least six months so that each party can make their alternative arrangements.

No automatic resumption of lease on expiry – needs to be negotiable: All renewals of leasing should be negotiable. The purpose of legal recognition should not lead to well-intentioned restrictions. The purpose of legal recognition is better served if the banks honour this recognition and provide the much desired agricultural credit to the lessees.

Leasing out of land by small farmers: In many areas, small farmers too practice leasing out of their holdings and thus the practice of reverse tenancy is on the increase, because of rising capital intensity of inputs in agriculture. It shows that profitability of small holdings is declining because of their lack of access to inputs, subsidies, and markets. Should reverse tenancy be banned by law, or should one fight market imperfections by helping small farmers and improving their access to inputs and markets?

Long term, Joint cultivation rights to women groups:  For agricultural land, there is merit in giving groups of poor rural women joint cultivation rights on a long term basis (rather than individual titles) as recommended in clause iv.  Working in groups can enhance economies of scale, provide consolidated holdings, and increase access to inputs, credit and overall bargaining power of the marginal and small. Hence, this is an important recommendation which needs to be taken forward by civil society and state governments.

More details on tenurial rights: The country does not have a comprehensive legislation on the recognition of tenurial rights and their governance. Such a law could include a process whereby rights – individual, collective, developmental, and common resources of habitations – are defined, claimed, determined and governed through a democratic and transparent process. The recent Forest Rights Act 2006 is a pioneering legislation in this regard but only pertain to forest land. A similar law for land has to be at the basis on which other components should be built on. This is entirely missing in the present draft.

It would also be useful to refer to the “Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, 2012” passed by FAO. The Guidelines are available at http://www.fao.org/docrep/016/i2801e/i2801e.pdf

XI. Land Acquisition

 

 

 

 

 

Identifying Non-Negotiable area in context of land acquisition: Considering the urbanization and land acquisition pattern, the land acquisition should be restricted in terms of `Non-negotiable Areas’ including multi cropped irrigated lands which must be used for the purpose of agriculture or forest reserves. The Gram Panchayats or local people committees may be empowered to map out which area in a particular village falls under the category of `Non-negotiable Areas’.

Land Acquisition for restricted purposes only: Compulsory land acquisition should be limited to restricted purposes by the government like schools, road, infrastructures etc. where benefits accrue largely to general public. About a decade back, there was a fashion of SEZs. Many small farmers were made landless by acquiring their lands for SEZs.

Equal rights to both spouses: Any land acquisition should require by law the consent of both spouses (and any other women holding titles in the households). Also the rights of both spouses should be recognized equally in compensation given for such acquisition in any form (compensatory land, cash, equity, etc.).

Acquisition of land by Private needs to be monitored strictly: Purchase/Acquisition of land by private/corporate should be monitored strictly with the involvement of people’s participation committees. The PPP acquisitions should be regulated and land for land schemes may be worked out wherever possible.

Synchronization of land acquisition laws with other laws: All laws related to acquisition of land should be coordinated, integrated and merged with other laws like Environment Protection Act, Biodiversity policies, Forest Right Act, the Coal Bearing Act, Mines Act which requires convergence from various ends in order to uphold the rights of historically disadvantaged groups.

Rehabilitation and Resettlement – Provisions for both directly and indirectly affected people:  Considering Rehabilitation and Resettlement as a Right, social safeguards more specifically those pertaining to women, need to be strengthened. Restoring livelihood should be prioritized.

The definition of Project Affected People (PAP) should take into accounts not only `affected families’ but all such people whose livelihood is affected, even if they do not own the land. These may include forest dwellers, agricultural labourers, share croppers, marginal farmers, landless farmers and artisans. The displaced families should be offered jobs by the corporate/private organization acquiring land with preference given to females within the family with the aim of women empowerment.

Compensation in the name of women: The compensation money should be offered in the name of women to prevent alienation of women from land rights. 

Proportional restoration of community resources under CSR : The scheme of restoring livelihood and offering compensation for land acquisition should be linked to proactive corporate social responsibility programme of the corporate/private sector. The policy on corporate social responsibility must carry this clause of `proportional restoration of community resources’ in ratio of natural/community resources exploited by the corporate.

Livelihood restoration: In terms of land acquisition by corporates, this `accountability clause’ should be extended to livelihood restoration of at least one female member besides monetary compensation.

Appropriate way of calculating compensation: To calculate the compensation an adequate procedure needs to be developed. Both `price’ and `value’ of the land needs to account for while calculating `compensation’.

Upholding rights of the farmers: Innovative methods may be utilized to uphold the right of farmers, and protecting the right to livelihood of others related.  The ownership of land remained with the farmers and all future potential gains in case of land price appreciation also vest with the farmers.

Conscious efforts to protect women especially single women and taking special care in acquisition required: Single women, daughters with no male siblings are more prone to land grabbing and land frauds in areas where land acquisition happens on a large scale.  Women do not have access to information on land being acquired and even if land is acquired with consent, all negotiations take place only with men.  Compensation for the land is only to the ‘land owner’ – mostly the man; not recognizing women’s role in agriculture; although the impact of loss of livelihood is much more on them.  Poor widows and single women are the first target for land grabbing; they are disentitled without their knowledge.

XII. Land Bank

 

 

 

 

 

Suggested ‘Public Land Bank’: A public Land bank is suggested under the land reform policy. This was a major recommendation of 12th Plan working Group, but the idea of Public Land Bank was quite different from the Land Bank idea in the NLR draft policy.

A Public Land Bank (PLB) (registered as a Society) would be created at the panchayat level. Land owners would “deposit” in the PLB land parcels that they do not want to cultivate. The deposit would be on a voluntary basis and could range from one season to several years. The depositors would receive an incentive payment per hectare on deposit, the amount varying by period (analogous to current, savings and fixed bank deposits), with an additional amount being paid if the land gets leased out. The landowner would be free to withdraw the land with due notice. Since the PLB would serve as the intermediary between landlord and tenant, the landlord would have no risk of losing the land title to the tenant. The PLB would lease out the land under its command to disadvantaged farmers, such as marginal farmers, women, dalits, and tribals. These lessees (as individuals or groups) would get a guaranteed lease, fixed after assessing land quality and in a consolidated plot where possible.

(For details see the Twelfth Plan Working Group Report and the article http://articles.timesofindia.indiatimes.com/2012-01-12/edit-page/30616712_1_land-acquisition-lease-land-laws )

XIII. Resolving Land Problems including litigation

 

 

 

 

 

 

 

Instituting ‘Paralegal Assistance Centers’ – a better option:  There is no evidence that fast track courts and tribunals have made the legal process efficient, cost effective and inclusive for the poor. On the other hand, the paralegal experience of Andhra Pradesh has indeed helped the poor in solving their land related disputes in very large scale. Therefore, instituting a paralegal assistance center should be the main focus of the policy for next five years. The AP experience is special in many ways and cannot be replicated in many parts of the country. It is recommended that Paralegal Assistance Center be situated at the Tehsil and embedded with the Revenue Department to carry out this work.

Property in Joint Names:  ‘Houses in joint name’ is one such reality which would not stand in the court of law if challenged simply because the Hindu Succession Act exists and property ownership would be judged on that basis. It would be thus important to study the contradictions that may arise between the law and the ground realities before introducing such Government orders as a populist measure.

XIV. Modernization of Land Records

 

 

 

 

 

Creating new Authority – not required for land updating records: The section rightly recognizes the need to update land records, through survey settlement and mutation process. However, creating a new authority at Delhi will not achieve that. The revenue department of the states needs to take time bound pro-active land records updation campaigns on the ground to update all land records.

Computerization of Land Records: Practical steps need to be taken to ensure proper and correct land records. Why has the programme of computerization of land record not succeeded in its objectives? The question is – Should the mutation office be merged with land records office at the sub-district level?

Process of Participatory Land Mapping to be adopted: The use of GIS and GPS technology must be accompanied by the local knowledge available with Gram Sabha. Process of participatory land mapping must be incorporated as process to strengthen the land records. Natural Resources Accounting and deployment of Geographers at the block level / panchayat level is needed.

GIS and GPS technology must not be sole factor in deciding land ownership claims: GIS data cannot be the sole factor in deciding land ownership claims (Ref:  recent judgment of the Gujarat High Court as well as a Birsa Munda Bhawan Government Resolution). There have been numerous instances of GIS data conflicting with the situation on the ground and resulting in denial of justice and land rights to the vulnerable. While strengthening GIS is important, the policy must build in the following safeguards.

GIS data needs to be approved by Gram Sabha: All GIS data must be placed before the Gram Sabha for its approval before being cited in land disputes/claims.

Documenting and analyzing the data on women’s access to land: To facilitate a better understanding of ground reality to enable appropriate planning strategies, it is important that documenting and analyzing the data on women’s access to land is undertaken.

Gender disaggregated data required before computerisation:  As a part of monitoring, we need gender disaggregated data collection in our agricultural census and land related National Sample Surveys. Gender disaggregated data for the tenure of all types of land is required when computerization of land records is done. We also need careful monitoring to ensure that in the process of computerizing land records women’s claims are entered judiciously.

Role of Panchayats: Women’s (daughters, widows) names are removed from the family tree, sometimes with the support of village revenue officials, sometimes without their knowledge. Role of Panchayats could be strengthened to prevent cases of land disputes especially those affecting women, if these types of entries are read out in Gram Sabha in public.

XV. Empowerment of Gram Sabhas in Scheduled Areas

 

 

 

 

Gram Sabha need not be given responsibility of functioning as an Executive Authority: While the policy rightly focuses on the centrality of the Gram Sabha in matters of non-private lands in scheduled areas, the language of this section is sometimes misleading. The central strength of Gram Sabha lies in its deliberative character and authority, but it appears that the policy is proposing that Gram Sabha be given executive authority. That should be avoided.

Making Gram Panchayat responsible for land records – not feasible: This section makes an attempt to make the Gram Panchayat directly responsible for land records, and its repository. This is too difficult to implement. It will be good to make the office of Patwari accountable to Gram Panchayat and Gram Sabha, in matters of all non-private lands in scheduled areas.

XVI. Land Administration

 

 

 

 

 

 

Thorough review and re-crafting needed: This section has too many sweeping recommendations and declarations, without providing the contexts, justifications, any good practices to learn from, and what many of those aim to achieve. This section needs to be thoroughly reviewed and re-crafted with a few top priority actions.

Conversion of Agriculture Land: Conversion of agricultural land not only for industrialization but also for house constructing activity should be strictly contained. Land should not be de-notified to facilitate agri-land to be converted to residential land

XVII. Training and Capacity Building

 

 

 

 

 

More details on training needs, training institutions required: This section too suffer from inadequate understanding of the training needs, available training institutions and their capacities, available good practices, and what are the most critical components of moving forward. Both these sections are reviewed and re-crafted based on hard realities, and available good practices.
XVIII. State Land Rights Commission

 

 

 

Defining and elaborating the role of State Human Rights Commission: Definitions and role of State Land Rights Commission must be elaborated in the policy document and should not left for subject to interpretations. There must be interaction between the State Land Rights Commission and the proposed mechanism under the Department of Land Resources (DoLR)
XIX. Implementation of this Policy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Detailing out the implementation mechanism including monitoring, penalties and incentives: The policy must give details of the composition, functioning, powers and mandate of this mechanism. The draft should expand clarifications on implementation, penalties and punishments for non-adherence and non-compliance. How the policy will be monitored and how implementation will be ensured in a time bound manner are fundamental questions that need to be answered concretely within the policy itself so that appropriate feedback can be provided by stakeholders.

 

It is necessary to specify the steps that should be taken if a state government fails to adhere to a strict timeline to implement the land reform programmes.

System of reporting about the progress of implementation in State Legislative Assemblies:  The policy must set disaggregated % targets for the amount of land to be distributed amongst SCs, STs, OBCs, women etc. every year. The achievements against this must be part of the annual and bi-annual reports before State Legislative Assemblies and meetings of the State Revenue Ministers. The Department of Land Resources must lay the progress on implementation of the policy (including these targets) before Parliament.

 

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