Overview of Land Rights in Inda - The Greens | European Free

Land Grabbing in India and the Movement for Food Security Shivani Chaudhry Housing and Land Rights Network & Ekta Parishad, India 1

India: Socio-Economic Indicators 

One-fifth of world’s poor live in India – the largest for any country.

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India has one-fourth (208 million) of world’s 800 million under-nourished people.

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Child malnutrition is the world’s highest.

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Human Development Index: 119 of 169 countries.

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GDP growth rate: +7% over 3 years.

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Land Distribution & Ownership 

India is 70% rural with high dependence on land: agriculture, fisheries and forests.

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83% of farmers are small farmers 50% of all agricultural work.

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35% of rural households are women-headed, but less than 2% women hold titles to land.

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Migration of men to urban areas – resulting in ‘feminisation of agriculture.’

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Women largely not recognised as farmers. 5

Land Reform 

Post-independence land reform focused on:  Abolition

of system of feudal landlords (zamindars).

 Tenancy

reforms to transfer ‘land to the tiller.’

 Redistribution

of land via ‘ceiling’ on holdings.

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Failure of Land Reform 

Land reform not successfully implemented in most states.

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No focus on gender equity.

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2 million acres of land declared surplus but not yet distributed because of litigation /other reasons.

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Post-1991: pro-liberalisation agenda.

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Push for removal of land ceiling restrictions.

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No political will to implement land reform.

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Draft Twelfth Five Year Plan (2012-2017): does not mention land reform. 7

What is ‘Land Grabbing’? 

Phenomenon of takeover of people’s land by both State and non-State actors.

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Generally forceful / involuntary.

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Largely unregulated/ illegal/ without due process.

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Often justified with ‘public purpose’ clause.

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People generally left with no legal recourse/ access to remedy. Occurring at an unprecedented scale in rural and urban areas. 8

Land Grabbing: Key Factors (1) 

‘Development projects’ – dams, mining, natural resource extraction, ports, roads, infrastructure projects, mega-events…

Special Economic Zones (1 million face threat of eviction).  Slum demolitions/ ‘urban renewal.’ 

India is estimated to have the highest number of people displaced annually as a result of ‘development’ projects: since independence (1947) almost 65 million displaced 9

Land Grabbing: Key Factors (2)   

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Industrialization of agriculture. Reduction in agricultural subsidies. High prices of patented /GM seeds & fertilisers. Bio-fuel production (3.2 million hectares). Creation of carbon stocks for ‘climate mitigation.’ National Parks/ Eco-tourism.

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Land Grab Facilitated by : (1) 

Use of Land Acquisition Act (1894) which allows state takeover of land under guise of ‘public purpose.’

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Neo-liberal economic policies and obsession with ‘GDP growth.’

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Changes in land laws to facilitate conversion of agricultural land and to ease land sale.

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Land Grab Facilitated by: (2) 

Manipulation of laws and takeover of land by the state for companies (Indian and foreign), often using violence:  State acquiring land for foreign investors under leasing arrangements – e.g. Vedanta Aluminium/ Lafarge.  6,000 acres land acquired for Yamuna Expressway in Uttar Pradesh (1,225 villages) – 4 farmers killed in clashes.  POSCO (South Korea) Steel Plant, Odisha: state using police force to suppress resistance / destroy betel vines / threaten villagers. 12

Land Grab Facilitated by: (3) 

Alienation of tribal lands.

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Violation of ‘ceiling’ laws in rural areas.

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Failure to implement progressive laws:  Panchayat (Extension to Scheduled Areas) Act, 1996.  Forest Rights Act, 2008.

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Failure to implement positive court orders.

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Lack of human rights-based laws and policies (e.g. Rehabilitation Policy). 13

Urban Land Grab Caused by: 

Unplanned urbanization.

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Repeal of Urban Land (Ceiling & Regulation) Act.

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Inequitable land use policies : lack of space for urban poor in cities/towns.

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Unchecked real estate speculation.

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Absence of housing, health, employment schemes for the urban poor.

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Trade & Investment Agreements:     

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India has signed 21 bilateral investment treaties with 22 of 27 EU states. EU-India FTA: ‘investor protection chapter’ - conflicts with human rights obligations. Risk of takeover of community land for large-scale investment by European companies. Obligation of Fair and Equitable Treatment (FET) – against human rights /no ‘public interest’ exemption. ‘Free and Prior Informed Consent’ not required. Lease of 99 years – could interfere with land reform. Investor-State dispute settlement – gives foreign investors undue rights over Constitution of India & int’l law. 15

Impacts of Land Grabbing (1):       

Increased forced evictions : 40-50% of displaced are tribal/ indigenous peoples. Increasing landlessness/ homelessness. Acute agrarian crisis. Growing indebtedness of farmers. Rise in farmer suicides (+ 250,000 in 15 years). Forced migration to urban areas. Deepening poverty and hunger. 16

Impacts of Land Grabbing (2): 

Arbitrary arrests /attacks/ detention of human rights defenders.

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Criminalisation of social movements .

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Social unrest and violence: rise of insurgency and counter-insurgency movements.

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Disproportionately severe impacts on women.

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Violation of multiple human rights.

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Movement of Small Peasants 

People uniting to struggle against forceful land acquisition and corporate agriculture.

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Growth of organic farming & small farmer cooperatives.

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Women leading movements to occupy village ‘wastelands’ & promote collective farming/ rights.

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Non-violent social movements like Ekta Parishad are mobilising thousands and spreading awareness on the importance of land reform and redistribution to promote food security, self-governance and dignity. 18

Recommendations for Govt. of India (1)  

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Adopt a strong human rights approach in all laws/policies/programmes. Implement human rights-based agrarian reform => land redistribution + agricultural resources (including seeds), water, information, & access to markets. Adopt urban reform measures + provision of homestead land in urban areas. Provide legal security of tenure & recognise collective rights. Strengthen National Land Reforms Council. Strengthen Public Distribution System (PDS). 19

Recommendations for Govt. of India (2) 

Accord women equal rights to land and other natural resources, property, housing, inheritance.

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Control real estate speculation.

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Repeal Land Acquisition Act (1894).

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Develop a comprehensive National Land Reform Policy.

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Recommendations for Govt. of India (3) 

Implement good laws:    

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Panchayat Act (1996) & 73rd Amendment Act – devolves powers to local self governing bodies. Forest Rights Act (2008). Directives on joint registration of land – names of men & women. Hindu Succession Amendment Act 2005 - equal inheritance rights for men & women.

Enforce:  

International human rights law. Concluding Observations of UN treaty bodies & Special Rapporteurs. 21

Recommendations for EU (1) 

Ensure strong human rights protection clause is included in the EU-India FTA.

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Call for Human Rights Impact Assessments to be conducted ex-ante and ex-post – for all trade & investment agreements (requested by European Parliament in November 2010).

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Call for implementation of guidelines proposed by Special Rapporteur on right to food regarding land acquisitions & the UN Basic Principles and Guidelines on Development-based Evictions and Displacement.

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Recommendations for EU (2) 

Issue guidelines for European investors in India that ensure protection of human rights.

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EU and India should respect rights of urban and rural poor, and protect small farmers and informal workers.

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Use Universal Periodic Review (UPR) of India at the Human Rights Council (May 2012) to promote the realisation of human rights to food/land in India.

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Conclusion Guaranteeing rights of people to own, control and manage their land and other natural resources is critical to promoting food security and well-being, and to protecting multiple human rights

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