Technological Solutions Alone Are Not Enough to Address Land Governance Challenges in India

Source: The post technological solutions alone are not enough to address land governance challenges in India has been created, based on the article “Why digitisation is not enough to reform land laws” published in “Indian Express” on 28th September is 2024

UPSC Syllabus Topic: GS Paper 3 – Land reforms in India

Context: The article discusses how India’s land governance is complicated by conflicting laws, unclear property rights, and outdated records. While digitization efforts help modernize land administration, comprehensive legal reforms are essential to address deeper issues hindering land use and development.

What are the key challenges in India’s land governance?

1. Unclear land titles: Insecurity of tenure hinders investments and ownership transfers.
2. Fragmented landholdings: 90% of farm households own less than 2 hectares, limiting agricultural productivity.
3. Complex laws: Conflicting regulations, like Gujarat’s 40 types of land ceiling laws, create administrative difficulties and encourage rent-seeking.
4. Outdated land records: Poor record management delays infrastructure projects and limits credit access.
5. Gender inequality: Women face challenges in owning land and property.
6. Inability to use land efficiently: Leasing agricultural land is prohibited in many states, and complicated tenancy laws make land use risky.
7. Weak targeting of subsidies: Fertiliser subsidies aren’t integrated with land data, leading to inefficiencies.
8. Benami properties: The legal framework lacks clarity for regularising these properties, contributing to uncertainty in ownership.

For detailed information on Challenges of land reforms in India read Article 1, Article 2

Why are technological solutions alone not enough?

While the 2024 Budget proposed digitisation (like land records digitisation and Agri Stack integration), this is not enough:

1. The root problem is the complex legal framework, not just outdated records.
2. Simply digitising land records without legal reform won’t improve land markets or property rights.
3. Laws like the Ninth Schedule prevent judicial review, limiting property owners’ rights.
4. State-level legal complexities, like Gujarat’s land ceiling laws, create multiple regulations based on land quality and ownership.

What should be Done?

1. Legal Reforms: Comprehensive legal reforms should address the complex and conflicting land laws. These reforms must strengthen property rights and streamline regulations for more efficient land markets. For example, updating tenancy laws and land use regulations can help ensure better property rights and access to formal credit.
2. Digitization and Integration: Accelerate the digitization of land records and integrate these with platforms like Agri Stack. However, ensure these technological solutions are complemented by legal reforms. For instance, digitizing land records should go hand in hand with updating the laws that govern land ownership and use.
3. Enhance Land Banks: Improve the functioning of land banks to support infrastructure, renewable energy, and industrial projects by addressing legal hurdles that currently limit their effectiveness.
4. Targeted Subsidy Reforms: Link subsidies more closely to land ownership data to ensure efficient targeting and reduce misuse. This includes integrating Point of Sale devices for fertilizer subsidies with updated land records.
5. Promote Land Consolidation: Implement policies that facilitate land consolidation, particularly in rural areas where land fragmentation affects agricultural productivity. Nearly 90% of farm households own less than 2 hectares, leading to suboptimal economies of scale.

Question for practice:

Examine how legal complexities and fragmented landholdings hinder agricultural productivity and land use efficiency in India.