Need for Comprehensive Land Law Reform in India

Issues in India’s Land Governance Framework

1. Complex Legal Landscape: India has over 1,500 land-related laws, causing confusion and inefficiencies.
2. Unclear Land Titles: About 70% of land records are outdated or inaccurate, leading to disputes.
3. Land Fragmentation: Approximately 90% of farm households own less than 2 hectares, limiting agricultural productivity.
4. Inadequate Tenancy Laws: In Punjab, many states prohibit land leasing, restricting optimal land use.
5. Gender Disparities: Only 13% of landowners are women, highlighting inequalities in property rights.
6. Limited Judicial Oversight: Laws in the Ninth Schedule are exempt from judicial review, allowing arbitrary enforcement and undermining property rights.

Causes

1. Conflicting Laws and Regulations: Overlapped laws, such as inconsistencies between state and central regulations, can delay infrastructure projects.
2. Insecure Land Tenure: In rural areas, informal agreements often result in disputes, as seen in states like Uttar Pradesh, where land disputes are common.
3. Fragmentation of Land Holdings: Small landholdings limit agricultural efficiency, with 90% of farmers owning less than 2 hectares. This hinders economies of scale and impacts productivity and profitability.
4. Gender Discrimination: Women face significant barriers in land ownership, with only 13% of landowners being female. Cultural norms also prevent women from inheriting land, as seen in parts of Haryana.
5. Lack of Access to Credit: Unclear land titles and insecure tenure hinder farmers’ ability to secure loans. 
6. Administrative Inefficiencies: Bureaucratic delays and corruption complicate land transactions.

Limitations of Digitisation in Addressing Land Issues

1. Incomplete Data: Digitisation often relies on outdated or inaccurate records. For example, in many states, only 30-40% of land records are digitised, leaving significant gaps.
2. Legal Ambiguities: Digitised records do not resolve underlying legal disputes
3. Access and Digital Divide: Not all communities have equal access to digital platforms. In rural areas, internet connectivity can prevent farmers from accessing vital information.
4. Inadequate Training: Users often lack the necessary training to navigate digital systems.
5. Resistance to Change: Stakeholders may resist transitioning to digital systems due to fear of losing traditional practices.
6. Data Security Concerns: Digitisation raises concerns about data privacy and security. Data breaches can undermine trust, for example, reports of unauthorised access to land records.

Way Forward

1. Comprehensive Legal Reforms: Update land laws to streamline processes, as seen in Rajasthan’s single-window registration clearance system.
2. Strengthening Digital Infrastructure: Invest in digital platforms; Karnataka’s Land Records Management System allows farmers online access to land information.
3. Community Engagement and Training: Implement training programs for farmers, like those in Madhya Pradesh, to help them use digital land services effectively.
4. Gender-Sensitive Policies: Promote women’s land rights through initiatives like Landesa in Odisha, which has positively impacted rural livelihoods.
5. Public-private partnerships: These foster collaboration with private entities; the Mahindra Group’s partnership with the government has streamlined land record processes in regions in Maharashtra.

Author: Arjun Kr. Paul