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DIGITISATION AND LAND REFORMS

30th September, 2024

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Picture Courtesy: https://indianexpress.com/article/opinion/columns/why-digitisation-is-not-enough-to-reform-land-laws-9591931/lite/

Context:

The Economic Survey 2023-24 highlighted the complex land Governance framework in India.

About Land Reforms  

Land reforms play a crucial role in a country’s economic growth and social equity. They are measures taken to redistribute land among the population, ensuring that everyone has access to this vital resource.

Land reforms are important because they can help reduce poverty and improve agricultural productivity. By giving land to the landless, the government aims to empower marginalized communities and ensure that wealth is not concentrated in the hands of a few.

Land Reforms in India

After independence, India faced the challenge of addressing historical injustices related to land ownership. Many people worked as tenants on land owned by wealthy landlords, leading to poverty and inequality. To tackle this, the Indian government initiated various land reform policies. These included measures like the abolition of zamindari (landlord) systems, setting ceilings on land holdings, and redistributing excess land to landless farmers.

These reforms aimed to create a more equitable society where everyone had the opportunity to improve their lives. However, the success of these reforms varied across states, and challenges like bureaucratic inefficiencies and corruption often hindered their implementation. However, the push for land reforms marked a significant step toward social justice and economic development in India.

Digital India Land Records Modernization Programme (DILRMP)

The National Land Record Modernization Programme (NLRMP) was launched by the Union  Government to improve the land records system across the country.  In 2016, the NLRMP was revamped as a central sector scheme and renamed the Digital India Land Records Modernization Programme (DILRMP).

Initiatives Taken

  1. Each land parcel is given a 14-digit Unique Land Parcel Identification Number (ULPIN) to help with real estate transactions and resolving boundary issues.
  2. National Generic Document Registration System (NGDRS) for registration helps citizens register documents online, pay fees, and track their documents easily.  
  3. Land records are translated into the 22 languages mentioned under the 8th schedule of the Constitution to overcome language barriers.
  4. Bhoomi Samman Certificate is awarded to states that achieve 99% completion in land record management components.

Achievements

  1. 95% of the Record of Rights (RoR) is complete. This means that land records for over 625,000 villages have been computerized.
  2. 68% of the cadastral maps (land maps showing boundaries) have been digitized.
  3. 95% of the registration process has been computerized.
  4. 87% of Sub Registrar Offices (SROs) are now linked with land records.

Significance of Digitisation

  1. Digitisation refers to converting information into a digital format, making it easier to store, manage, and access. In the context of land records and management, digitisation means creating electronic databases of land ownership and related documents. This process has the potential to revolutionize how land is managed in India.
  2. Digitisation makes land records accessible to everyone. People can verify ownership and check for disputes easily, reducing corruption and fraud. This transparency fosters trust in the system.
  3. Traditional land record management can be slow and prone to errors. Digitised systems allow for quicker processing of transactions, such as buying or selling land. This efficiency can significantly benefit farmers and businesses, as it reduces delays and red tape.
  4. Digital land records can be accessed online, making it easier for individuals to obtain necessary documents without having to visit government offices. This accessibility is especially beneficial for rural populations who may find it challenging to travel long distances.

The Benami Transactions (Prohibition) Act 1988 aims to prevent illegal property transactions where the actual owner hides their identity by buying property in someone else’s name. The act prohibits such transactions, allows the government to seize properties involved, and imposes penalties for violations. Together, land digitisation and this act promote transparency and integrity in property ownership in India.

Challenges

  1. Confusing Land Laws: India has many land laws that overlap and conflict. This makes it hard for people to understand who owns what land. When land titles are unclear, farmers hesitate to invest in their farms because they fear losing their land. This uncertainty hamper growth in agriculture.
  2. Economic Implications: According to the Economic Survey 2023-24, unclear land titles block economic progress. Farmers with unclear land rights struggle to access loans or make improvements. This situation limits their potential to increase their incomes and create jobs in rural areas.
  3. Digitisation Limitations: While putting land records online is a positive step, it does not change the legal status of land ownership. Digitising records does not resolve issues related to strict laws governing land sales and usage. Therefore, people may still face barriers when trying to establish ownership.
  4. Legal Challenges: Certain land laws are protected under the Ninth Schedule of the Constitution, preventing legal challenges, leaving them vulnerable to arbitrary decisions by authorities. 
  5. Land Fragmentation: Many farmers own small plots; nearly 85% of farmers possess less than 2 hectares of land. This small size makes it difficult for them to invest in modern farming techniques, leading to inefficiencies and lower profits. Simply digitising records won’t address the fundamental issue of land fragmentation. Legal reforms are needed to facilitate land consolidation.

Way Forward

  1. Modernising Laws: Updating land ownership and tenancy laws can enhance land utilisation. Reforms should also focus on empowering women by enhancing their rights to own land, promoting equity in ownership.
  2. Simplifying Processes: Streamlining legal processes will reduce confusion and make it easier for people to register their land. This simplification can improve access to loans and other financial services, encouraging investment in agriculture.
  3. Integrating Technology with Legal Systems: Technology should complement legal frameworks. For example, linking subsidy systems with land data can ensure that aid reaches those who need it most. This approach enhances the effectiveness of government support programs.
  4. State Evaluations: Each state should evaluate how technology interacts with existing laws. This assessment will help ensure that technological solutions are tailored to meet the specific needs of the local population, improving their effectiveness.

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Source: 

Indian Express

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PRACTICE QUESTION

Q.Discuss the potential benefits of a comprehensive and transparent land record management system and how it can reduce litigation and enhance trust among stakeholders. (150 words)