Causes of failure of land reforms:
There are a number of causes for the failure of the programmes of land reforms. They are as follows:
1. Undue advance publicity and delay in enacting land laws:
Much publicity has been given in advance by the leaders of the ruling party to the proposed land reforms after independence. Again, the time taken for a bill to become an Act in many states has been unusually long.
This has enabled the landowners to make necessary adjustments so as to be able to evade various provisions of land reform legislation. According to the Wo World rld ank, !We have, for an unduly long time, continued to preach land reforms rather than practise them and this has proved counterproductive."
2. Loose definition of the term “personal cultivation”:
The term !#ersonal cultivation$ is %uite loose. &ne could resume land for personal cultivation under the definition even while sitting at a distance of '(( miles. The )amindars have been permitted to possess substantial areas of land for cultivation. Again, the laws have h ave provided for many e*emptions in the form of land awarded for gallantry, land under orchards, tea estates, well+run farms etc.
There are instances when people have availed benefits from some of these concessions, e.g., e*emption on the basic of the land being under orchard, by growing only a few berry trees in a particular plot. n this way, loose definition of the term !#ersonal cultivation$ has given chances ch ances to )amindars to eject large areas of land by defying the law.
. !ptional nature of the laws:
Most of the laws granting ownership rights to tenants are not mandatory. They are rather optimal. The tenants have to move the government for grant of ownership rights. They will not get them automatically. &n many occasions, tenants hesitate to approach the law courts for this purpose merely out of fear of the landlords.
-ohen rightly observes, !The e*isting lower or weak position of the tenant would not have been a handicap in the amelioration of his conditions if the law had been a bit kind to him. The law drags him into the court on every occasion".
". #alafide transfer of land:
To escape the laws relating to land ceilings, the )amindars have indulged in large scale transfer of land to their family members or kinsmen. uch Malafide transactions do not make any change in the operational aspect of agriculture.
$. Lac% of social consciousness among the tenants:
#rof. /husro in his study entitled !0conomic and ocial 0ffects of 1agirdari Abolition$ has emphasised the importance of social consciousness of the tenants as a factor responsible for the successful implementation of land reforms.
The capacity of the tenants to fight for their right also counts a lot in the conte*t of land reforms. M.2. 3antwala rightly observed, !2arge holders, articulate and capable, organised pressure in defence of their interests and the small cultivators and the landless were not only unorganised but in most cases, ignorant of legal and constitutional process4 the former were very often successful in getting the land reforms modified or even nullified both at the stage of legislation as well as implementation".
&. 'tate side with the big farmers:
5. -. a*ena has rightly observed that the state governments which control the land operations have moved favourably towards the big farmers. The interests of the small farmers have been vitally affected.
(. Lac% of strong political will:
The programme of land reforms necessitates ade%uate political desire, 6eal and support. ut unfortunately the political leaders only wear a mask of progressive socialistic outlook. n this regard, the report of the Task 7orce on Agrarian 8elations deserves mention. The report says !0nactment of progressive measures of land reforms and their efficient implementation call for hard political decisions and effective political support, direction and control".
ut in reality, this important factor is lacking and often standing in its way. The lack of political will is amply demonstrated by the large gaps between po licy and legislation and between law and its implementation.
n no sphere of public activity in our country since independence has the hiatus between precept and practice, between policy pronouncements and actual e*ecution been as great in the domain of land reforms.
). *ureaucratic corruption:
t is an acknowledged fact that whenever some honest officials implement the laws relating to land reforms sincerely, they incur the wrath of the political leaders who ultimately put them in unnecessary difficulties.
2and reforms provide a golden opportunity to the #atwari and other functionaries of the 8evenue 3epartment to make money. Again in many cases the highly placed officials are themselves landlords.
Moreover, the lands which are ac%uired to be distributed among landless farmers are engrabed by the politicians and bureaucrats at cheap rate. ndian 8ural 3evelopment 8eport 9;;;< rightly observes, !t is parado*ical that a bureaucracy created to govern a colonial feudal system was entrusted to implement agrarian reform and element of all those policies which were inherently anti+feudal, progressive and democratic".
+. 'urplus land is fallow and uncultivable land:
The holders of surplus land manipulate the land data in such a way that the land in e*cess in their possession is usually barren and uncultivable. uch a surplus land does not yield any benefit to the landless peasants. n this way the very purpose of land reforms legislation is defeated.
1,. -bsence of records:
Absence of records regarding ownership and possession of land and about its actual cultivators stands in the way of properly identifying the beneficiaries of land reforms.
11. Lac% of uniformity in land reforms laws:
2and reforms laws are not uniform throughout ndia. They are different in different states. This also accounts for the slow progress of land reforms measures.
12. mergence of new agriculture technology:
The new seed+cum+fertili6er technology, for its successful adoption, needs ample resources and dynamic entrepreneurship. &nly large farmers can fulfill these conditions. =ence on this count many economists have come out in favour of the abolition of ceiling on land holdings.
A number of remedial measures have been made to remove the difficulties and structural constraints pertaining to land reforms in ndia. They are as follows:
. The definition of personal cultivation in land legislation should be changed keeping in view the interests of landless farmers.
'. The residential %ualification should be made compulsory for holding land.
>. 0*cess land taken over from big landholders should be distributed e*peditiously. To assist the land reform beneficiaries, there is a strong need to link them for timely supply of inputs and investment to 1awahar 8o6gar ?ojana #rime Minister$s 8o6gar ?ojana.
@. pdating and computeri6ation of land records should be accorded top priority. 5ecessary funds should be made available to the states for this purpose. -ertified e*tract of the record should be issued in the form of updated " 7armers #assbook$.
B. pecial attention should be paid to tribals. All left out agricultural land held by the tribals should be regulari6ed at the earliest opportunity.
C. 5o transfer of agricultural land should be permitted to a non+agriculturist.
D. The state should identify wastelands, both public and private, and take up reclamation measures in these wastelands and distribute them among the poor.
E. 2oans should be granted to the farmers under easier terms and conditions so that they can purchase the lands which are due to them.
;. 1oint or community farm management among the marginal land holders and marginal farmers in the country should be encouraged.
(. The administrative machinery should be kept free from unnecessary political interference and harassment.
. The poor peasants should be provided legal aid upto the level of the upreme -ourt. The 2ok Adalats should be empowered to dispose of land reform litigations along with prompt disposal of cases by rural courts, i.e., 5yaya #anchayatF8ural 5yayalaya.
'. trong political will should be created so that the government can achieve the goal of egalitarian society through the instrumentality of land reforms.
>. 2andless, small and marginal farmers$ representatives should be given representation in local #anchayat bodies and ministries so that they are associated at each decision making level.
@. The rural peasants should be made conscious about their on rights through different educative programmes and media.
B. #easant organisations should be formed to protect the interests of small and marginal farmers. Through such organisations they can file claims for conferment of ownership right and can fight against e*ploitation.
C. cientific studies of agrarian structure of different areas separately should be conducted at regular intervals. ince the problems of one region differ from that of the other, the findings of these studies should be utilised to bring about a change in desired direction.
n fine, in a country like ndia characteri6ed by a tradition of ine%uality and e*ploitation of the poor, the land reform measures can !lead to a real burst of enthusiasm, a genuine release of energy among the working peasantry". What it needs is the proper implementation of land reforms. There are two barriers that hinder proper implementation G 9i< ignorance of the poor, and 9ii< selfishness of the rich.
n order to remove these hindrances the poor should be motivated through education and persuasion and the rich should be compelled to cooperate through coercion, it certainly re%uires a government with strong political will and a bureaucracy with commitment to achieve the desired results.
