Land Reforms in India Flashcards

1
Q

Introduction

A

Land reforms constitutes the most important package of measures for the economic development of agricultural tenants. Land reforms refers to the redistribution of land from rich to poor. Land reforms include regulation of ownership, operation, leasing and sale, and inheritance of land.
In an agrarian economy like India, with massive inequalities in income and wealth, great scarcity and unequal distribution of land, coupled with a large mass of people living below poverty line, there are strong economic and political arguments for land reforms.

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2
Q

Arguments in favour of land reforms

A
  1. Equity and equality: In a land scarce country with a significant section of rural population living below poverty line, a case ensuring that everyone has access to some minimum amount of land seems compelling.
  2. Small farms tend to be more productive than large farms.
  3. Owner-cultivated plots of land tend to be more productive than those under sharecropping tenancy.
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3
Q

Objectives of Land Reforms

A

The objectives of implementing land reforms in India are as follows:

  1. Redistribution of land across society so that land is not held in the hands of few.
  2. Land ceiling to disburse land among small and marginal farmers.
  3. Removal of poverty
  4. Proliferating socialist development to lessen social inequalities.
  5. Developing cooperative farming
  6. Tribal protection by ensuring that their traditional land is not taken over by outsiders.
  7. Abolition of intermediaries
  8. Tenancy reforms
  9. Consolidation of land holdings and prevention of land fragmentation
  10. Land reforms were also for non-agricultural purposes like development and manufacturing.
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4
Q

Measures of Land Reforms

A

The Britishers in India were not at all keen in adopting progressive land reforms measures for rural farmers. This gave the Zamindars and the big landlords a golden opportunity to exploit the rural poor to a great extent
It was only after independence that serious efforts were made to introduce land reforms measures. They are as follows:
1. Abolition of Intermediaries
2. Tenancy Reforms
3. Ceiling on Land holdings
4. Consolidation of holdings
5. Cooperative farming

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5
Q

Abolition of Intermediaries

A

In India, before the colonial rule, land used to be in the hands of the community as a whole. However, this changed during the British rule.
Lord Cornwallis introduced the Permanent Land Settlement in Bengal, Bihar and Orissa, in 1793. According to this, a farmer appointed by the British was a landlord. Under this rule, they had to pay a fixed commission to the East India Company. Thus, these intermediaries were formed and called Zamindars. Small farmers, tenants and farm hands paid tax to Zamindar and Zamindar to British Government. The Zamindar’s exploited these people by collecting huge taxes from them.
It was widely recognized that the main cause of stagnation in agriculture economy was due to these exploitative agrarian relations. Around 60% of the land under cultivation was under the Zamindari system. The state governments took the task of abolishing these intermediaries by passing legislations.
The government estimates state that during the first four Five Year Plans, 173 million acres of land was acquired from the intermediaries and 2 crore tenants were given land for cultivation.
The abolition of intermediaries had both advantages and disadvantages

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6
Q

Advantages of Abolition of Intermediaries

A
  1. As a result of abolition of intermediaries, about 2 crore tenants came into direct contact with the state making them owners of the land.
  2. The abolition of intermediaries has led to the end of the parasitic class. More land has been brought into government possession for distribution among landless farmers.
  3. A considerable area of cultivable wasteland and private forest belonging to intermediaries has been vested in the State.
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7
Q

Disadvantages of Abolition of Intermediaries

A
  1. The abolition of intermediaries has resulted in a heavy burden on the state exchequer. The intermediaries have been given compensation amounting to Rs. 670 crore in cash and in bonds.
  2. It has led to a large scale eviction. Large scale eviction, in turn, has given rise to several problems - social, economic, administrative and legal.
  3. Instead of abolition of official landlords, absentee landlords, as a class, have emerged. Hence, the claim of the official documents pertaining to the abolition of intermediaries has no logical foundation. The truth is that it has only changed its garb.
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8
Q

Tenancy Reforms

A

Tenants in India can be classified into two-
1. Permanent or Occupancy Tenants- They enjoy permanent rights over the land and cannot be evicted easily.
2 Tenants-at-will- They do not enjoy any rights over the land and can be evicted by the landlord anytime.
Therefore, to protect the tenants-at-will and subtenants, tenancy reforms have been passed by the various state governments.
Tenancy reforms include the following set of measures-
1. Security of tenure
2. Regulation of rent
3. Right to ownership

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9
Q

Security of Tenure

A

Sir Arthur Young rightly observed “Give a man the secure possession of a bleak rock and he will turn it into a garden: give him nine years lease on a garden and he converts it into a desert.” This remark pithily sums up the need for providing security of tenure. Security of tenure creates an interest among the cultivators to improve their land. Further, it helps in attainment of two basic objectives of land reforms namely increase in productivity and promotion of social justice.

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10
Q

Essential Features of Security of Tenure

A

To protect the tenants from ejectment and to grant them permanent rights on lands, laws have been enacted in most states. They have three essential features:
1. Tenants cannot be evicted without any reason. They can only be evicted in accordance with law.
2. Land can be resumed by the landlord only on the ground of personal cultivation. But the landlord can only resume land up to maximum limit.
3. The landlord should leave some area to the tenant for his own cultivation. The tenant, in no case, should be made landless.
However, the tenancy legislations in India are not uniform throughout the country. Each state has its own legislations.

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11
Q

Regulation of rent

A

In pre-independent India, rents were high. Fifty per cent of the produce was paid as rent. In some areas, the rent was as high as seventy per cent.
So, at the beginning of the First Five Year Plan, the Central Government insisted on the regulation of rent by the State Governments. It was laid down that the rent to be paid to the land should not be more than 20 to 25 per cent.
Accordingly, the State Governments passed tenancy legislations regulating rent. The main objective of this Acts was to make rent fair and reasonable. However, the maximum rent is differs from state to state. The rates also vary within states because of the difference in the fertility of land.

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12
Q

Right to Ownership

A

So far as right to ownership is concerned, the tenants have been declared as the owners of the land they cultivate. They have to pay compensation to the owner. The compensation should not exceed the level of fair rent.
In some states, provisions have been made allowing the tenant to purchase the leased land on payment of a price to the landlord. If any dispute arises between the tenant and the landlord over the payment of the price, this may be referred to a land tribunal. The tribunal will decided the price to be paid by the tenant to the landlord.

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13
Q

Ceiling on Land Holdings

A

Land ceiling on agricultural land means the statutory maximum limit on the quantity of land which an individual may hold. Land ceiling has two aspects:
1. The fixation of ceiling limit
2. The acquisition of surplus land and its distribution among small farmers and landless workers.
The imposition of ceiling on agricultural holdings is pre-eminently a redistributive measure.
The most compelling case of land ceiling arises from the absolute and permanent shortage of land in relation to the population dependent on it, the limited prospect of transfer of population to non-agricultural occupation and the need to step up the production along with increase in employment.
Small farms provide more employment opportunities. They require less capital than large farms. Small farms can be made into large farms through cooperative efforts so as to have scale economies.
It is socially unjust for a small number of people to have a large part of land. It is against justice, equality and prosperity of the majority of people.
It is socially justifiable to impose ceiling on land and distribute it to the actual users of land, making the tenants as owners.

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14
Q

Important Provisions of Ceiling Laws

A

The important provisions of ceiling legislations constitute:
1. Unit of Application
Family has been accepted as the unit of application for ceiling. The family is defined as a unit consisting of a husband, wife and children.
2. Upper limit for holding
For lands which have assured supply of water, and where at least two crops are raised, the upper limit is fixed to 10 to 18 acres, depending on the productivity of the land.
In areas where there is irrigation provision for only one crop, the ceiling is fixed at 27 acres. However, for remaining types of land, the ceiling limit is fixed at 54 acres.

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15
Q

Consolidation of Holdings

A

Consolidation of holdings means bringing together the various small plots of land of a farmer scattered all over the village as one compact block, either through purchase or exchange of land with others. This measure was adopted to solve the problem of land fragmentation. The land consolidation program required the granting of one consolidated land to the farmer, which is equal to the land holdings in different scatters under the farmer’s possession. It simply means that instead of holding multiple small lands in different places, the farmer will be given a single big piece of land.

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16
Q

Co-operative Farming

A

Co-operative farming is advocated to solve the problem of sub-divisions of land. The idea was to make farming profitable for small and marginal farmers having small pieces of land.
Under co-operative farming set-up, the farmers having small land holdings come together and pool their lands for the purpose of cultivation. Pooling of farms helps in increasing production and the farmers can have more produce to sell in the market after taking out their subsistence need.
Co-operative farming can also help with the mechanization of agriculture as the owners of multiple small farms can pool their money and buy a mechanical tractor or any other equipment which they could not afford otherwise.

17
Q

Reasons for the Failure of Land Reforms

A

There are a number of causes for the failure of the programs of land reforms. They are as follows:

  1. Undue advance publicity and delay in enacting laws
  2. Loose definition of the term ‘personal cultivation’
  3. Optional nature of laws
  4. Mala fide transfer of land
  5. State siding with big farmers
  6. Lack of strong political will
  7. Bureaucratic corruption
  8. Surplus land is fallow and uncultivable
  9. Absence of Records
  10. Lack of uniformity in land reform laws
18
Q

Loose definition of the term “Personal Cultivation”

A

The term “personal cultivation” is quite loose. One could resume the land for personal cultivation under the definition while sitting at a distance of 200 miles. The Zamindars have been permitted to possess substantial areas of land for cultivation. Again, the law provides many exemptions in the form of land awarded for gallantry, land under orchards, tea-estates, well-run farms, etc.

19
Q

Optional nature of laws

A

Most of the laws granting ownership rights to the tenants are not mandatory. They are rather optional. The tenants have to approach the government for the grant of ownership rights. They will not get them automatically. On many occasions, the tenants hesitate to approach the court for this purpose, merely out of fear of the landlord.

20
Q

Mala fide transfer of land

A

To escape the laws relating to land ceilings, the Zamindars indulged in large scale transfer of land to their family members and kinsmen. Such mala fide transfers do not make any change in the operational aspect of agriculture.

21
Q

State siding with big farmers

A

The State which control the operation of the land have moved favorably towards big farmers. The interests of small farmers have been vitally affected.

22
Q

State siding with big farmers

A

The State governments which control the operation of the land have moved favorably towards big farmers. The interests of small farmers have been vitally affected.

23
Q

Lack of strong political will

A

The program of land reforms necessitates adequate political desire, zeal, and support. Unfortunately, the political leader only wear a mask of socialistic development.
The lack of a strong political will is amply demonstrated through the large gaps between policy and legislation and between law and its implementation.

24
Q

Bureaucratic Corruption

A

It is an acknowledged fact that whenever some honest officials implement the laws relating to land reforms sincerely, the incur the wrath of political leaders who put them in unnecessary difficulties.
Land reforms provide a golden opportunity to the Patwari and other functionaries of the revenue system to make money. Also, in many cases, the highly placed officials, themselves, are landlords.

25
Q

Surplus land is fallow and uncultivable

A

The holders of surplus land manipulate data in such a way that the land in excess in their possession is barren and uncultivable. Such land does not yield any benefit to the landless peasant. In this way, the very purpose of land reforms is defeated.

26
Q

Absence of Records

A

Absence of records regarding ownership and possession of land and its actual cultivators stands in the way of identifying the beneficiaries of land reforms.

27
Q

Lack of uniformity in land reform laws

A

Land reforms laws are not uniform throughout India. They vary in different states. This also accounts for the slow progress of land reforms measures.