Land to the Tiller:
Towards Socio-economic Rights

John Samuel


Right to land is a livelihood right. A comprehensive land reform is a step towards the Economic, Social and Cultural Rights of the most marginalised. It is not a coincidence of history that the Dalit and Adivasi communities constitute the majority of landless laborers. These very people who contribute to productivity and economic growth of India are among the poorest in the world. Unequitable distribution of land and the unabated alienation of tribal land are among the foremost causes of the vicious circle of poverty, rural-urban migration of the poor and the increasing violence. In the context of the new economic regime and opening up of the tribal areas for multinational corporations and development projects, the rural poor, particularly the Adivasi communities are being displaced from their land, livelihood and dignity.

The Land reforms (Fixation of Ceiling on Land) Acts were enacted during 1960s to further the directive principles of State policy. The Constitution of India provides in Article 39 (a, b &c) that the ownership and control of material resources are so distributed as best to serve the common good. A singular lack of political will, except in the case of Kerala and West Bengal, ensured that the very spirit of the Constitution and the policy proposal for land reforms were consistently undermined.

Despite the flourish of legislation and policy guidelines, there has been deliberate attempts by a nexus of bureauctrats and land elites to sabotage the very process of land reform in almost all states. Thus the land is concentrated in the upper strata and often upper castes of the society. In India,91% of employment is in the unorganized sector. Landless constitute a majority of the laborers in the unorganized sector. The new economic regime promised more employment opportunities and 'economic growth with justice'. However, the fact is that during the last ten years the tribal land alienation and displacement has substantially increased. The casualisation of labour has increased. As a result of migration of landless poor to the urban areas, urban poverty is on the increase. The skewed agricultural policy, lack of comprehensive price structuring, import liberalisation and the WTO-led trade regime have contributed towards the impending crisis of the entire agricultural sector. This will further strengthen the marginalisation of the landless poor.

It is in this context that the forgotten promises for Land Reforms acquire a sense of urgency. The two important steps towards a more equitable distribution are a time-bound programme for Land Reforms, and strong measures to effectively halt the process of land alienation of tribals. There is enough evidence to prove that countries with more equal land distribution experience higher rates of economic growth. The experience of China, Japan and South Korea clearly show that land reform can potentially increase agricultural productivity. There are four key factors that contribute to the increase in agricultural productivity resulting from land reform. First, smaller holdings generally outproduce larger ones. Second, on any given holding, a cultivator with ownership is far more likely to make long term capital and 'sweat equity' investments that improve and conserve the land than a cultivator with insecure tenure. Third, a cultivator with ownership is more likely to use more improved seeds, fertilizer etc. Finally, small scale , self-cultivated farms are more likely to substitute labour and on-farm inputs for hard-currency-intensive alternatives However, it should be noted that land reform will have to be supplemented by other measures like access to rural credit and agricultural support system that would enhance the viability of small land holdings.

A more equitable distribution of operational land holding will create more equitable pattern of demand. This would in turn enhance growth of rural market. Land reform can create a more empowered and confident section in the lower strata that would strengthen the political participation and substantive democracy.

Lack of land reforms has been one of the major causes of rural unrest. Many of the violent civil conflicts of this century have been due to unjust and unequal distribution of land. The increasing violence in Andhra Pradesh, Bihar and parts of Madhya Pradesh clearly shows the correlation between violence and skewed pattern of land distributions. One of the reasons for the increasing atrocities against Dalit and Adivasi communities is land disputes and relatively stronger assertion of their rights by these communities. Hence, Land reform has important consequences for reducing political instability by eliminating the chances of violent conflict over the unjust land distributions.

Land distribution has a positive environmental impact. The land distribution decreased instances of landless peasants from cutting down and burning forests in search for a piece of land. Effective land reforms strengthen the livelihood of the poorest in the village and prevent millions from migrating to cities.

Thus measures for comprehensive land reforms and eradication of land alienation can provide potential opportunities for economic growth, reduction of poverty, ecological sustainability, political participation at the grassroots level, decreasing violent conflicts and the rural-urban migration.

Policy Implications:

The most effective policy strategies show that, given an opportunity, small landholders can produce their way out of poverty. Right to land, investment in rural and agricultural infrastructure, access to saving and credit institutions and protection from unfair completions are very important to make optimum impact of any reform measures. It is important to consider the following policy prioritisation for any effective Land Reform:


1. A time-bound action plan, not exceeding three years, to implement the Land Reform legislations in all the states of India. As a part of this action, all the excising land ceiling legislations should be reviewed to ensure that the surplus land goes to the landless. The present Land legislations should be reviewed to confer land rights to women. All the surplus land should be redistributed to the landless, particularly the Dalit and Adivasi Communities. There should be uniform limit of land ceiling in every state. The land for redistribution should be cultivable land.


2. All the Land Records should be systematised and computerized to avoid the manipulation of records.

3. The customary rights of tribals on forest land should be recognised.The land in possession of tribal communities, should be regularised within a period of two years.

4. There should be strict implementation of the Laws that prohibit the transfer of tribal lands to the non - tribals.


5. Instead of the proposed Amendment in the Land Acquisition Act (1894), a comprehensive draft Land Acquisition, Rehabilitation and Resettlement Bill, proposed by the National Campaign for People's Control over natural resources, should be considered.

6. The proposed amendment in the Vth schedule of the constitution by the present government would further marginalised the adivasi communities. Hence the proposal for the Amendment should scrapped.

7. A detailed action plan and strategy to support the small land holders, in terms of access to saving and credit institutions, agricultural infrastructure and measures to protect the price of the Agricultural products.