Need for Comprehensive Land Law Reform in India

Context:
Focusing on fundamental legal reforms and digitisation is crucial for improving agricultural productivity, infrastructure development, renewable energy expansion, and promoting social equity in India.

Challenges in India’s Land Governance System:

  • Complex Legal Structure: India has over 1,500 laws related to land, leading to confusion and inefficiencies.
  • Unclear Land Titles: Around 70% of land records are outdated or inaccurate, which contributes to disputes.
  • Fragmented Land Holdings: Nearly 90% of farming households own less than 2 hectares, limiting agricultural efficiency.
  • Inadequate Tenancy Laws: In many states like Punjab, land leasing is restricted, preventing optimal land utilisation.
  • Gender Inequality: Women represent only 13% of landowners, reflecting disparities in property rights.
  • Weak Judicial Oversight: Some laws in the Ninth Schedule are exempt from judicial review, leading to arbitrary enforcement and weakened property rights.

Underlying Causes:

  • Conflicting Laws: Overlapping regulations between state and central governments create delays in infrastructure projects.
  • Insecure Land Tenure: Informal land agreements, common in rural areas, often result in disputes. For instance, land disputes are prevalent in states like Uttar Pradesh.
  • Small Land Holdings: 90% of farmers own less than 2 hectares, which restricts agricultural productivity and prevents economies of scale.
  • Gender Discrimination: Women face significant challenges in land ownership, with cultural norms, especially in regions like Haryana, often preventing them from inheriting property.
  • Limited Access to Credit: Unclear land titles and insecure tenure make it difficult for farmers to secure loans.
  • Administrative Inefficiencies: Bureaucratic hurdles and corruption further complicate land transactions.

Limitations of Digitisation in Land Reforms:

  • Incomplete Data: Many digitised records are outdated or inaccurate. In some states, only 30-40% of land records have been digitised, leaving substantial gaps.
  • Legal Ambiguities: While records may be digitised, they do not necessarily resolve existing legal disputes.
  • Access and Digital Divide: Digital platforms are not accessible to all communities, particularly in rural areas where internet connectivity is limited.
  • Lack of Training: Many users lack the necessary skills to navigate digital systems effectively.
  • Resistance to Change: Fear of losing traditional practices may cause stakeholders to resist digitisation efforts.
  • Data Security Concerns: Digitisation raises concerns about data privacy, with reports of unauthorised access to land records undermining trust in the system.

Way Forward:

  • Comprehensive Legal Reforms: Modernising land laws and simplifying processes, as seen in Rajasthan’s single-window registration system.
  • Enhancing Digital Infrastructure: Expanding digital platforms, like Karnataka’s Land Records Management System, which provides farmers with online access to land information.
  • Community Engagement and Training: Implementing training programs for farmers, similar to those in Madhya Pradesh, to help them use digital land services effectively.
  • Gender-Sensitive Policies: Strengthening women’s land rights through initiatives such as Landesa in Odisha, which has had a positive impact on rural livelihoods.
  • Public-Private Partnerships: Encouraging collaboration with private entities; for example, the Mahindra Group’s partnership with the government in Maharashtra has helped streamline land record processes.

 

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