Ep 2: Land Laws Labyrinth - a podcast by Adarsh Kumar

from 2020-09-26T12:00

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Dr. K.P. Krishnan, Prof. at NCAER and former Secretary of Land Resources, introduces great clarity to the black box that is land reforms in India. 

Land laws and legislation are a labyrinth in India. They have historically posed nightmares for landholders and farmers who have been the victims of land-grab by the government using its eminent domain powers. Protests and agitation sparked by such incidents (such as the one against the Tata Nano factory in West Bengal) led to the 2013 Land Act being passed, replacing the archaic 1894 Law. However, some experts and economists feel that land is now too time-consuming, expensive, and cumbersome to acquire, which holds back economic growth.

To help us navigate this labyrinth and such inherent tensions, I speak with a former veteran IAS bureaucrat and a current economics professor at NCAER- Dr. KP Krishnan. Dr. Krishnan has held in Secretary-level positions in crucial ministries such as Land Resources. He also holds a Ph.D. in Economics from IIM and has produced extensive literature on the issue of land's role in India's economy and related policy prescriptions. 

The bulk of the conversation related to such legislation revolves around Land Acquisition, aka the government's eminent domain powers over land. We start by unearthing the 2013 Land Act and understanding its impact on land-grab and whether it has come at the expense of economically beneficial land acquisitions. 

We discuss attempts of reform since the 2013 Act by the Modi government as well as State governments. Specifically, Dr. Krishnan, who was Additional Secretary of Land Resources between 2014 and 2017, helps shed light on why Modi's land reform attempts at the time went bust. 

Finally, as Dr. Krishnan mentions in the very first answer, there is an excessive focus on land acquisition. The real question is: why don't private markets work for land, as they do for labor or capital? We discuss in-depth one of the big reasons: poor titling and land records in a country where almost 90% of the land parcels face legal disputes. What are the solutions to this issue? Are there short-cuts we can take to expedite the process?

Timestamps: 
1. 0.00: Introduction
2. 6.20: Contextualizing the 2013 Land Acquisition Act
3. 10.05: There is an excessive focus on Land Acquisition.
4. 16.15: Does the 2013 Act address the issue of land-grab and find the right balance?
5. 23.00: Does the 2013 Act stifle economic activity?
6. 37.35: Context behind the 2014/15 Modi govt land reform attempts. Why did they fail?
7. 47.50: States like Tamil Nadu, Maharashtra have passed amendments in line with the 2014-15 Central level reform attempts. How has land acquisition and land-grab fared in such states?
8. 51.40; Karnataka recently allowed farmers to sell their land to non-farmers. Is this the right move?
9. 56.05: Why does a private market for land not exist? 
10. 1.03.55: Impact of land titling and land market distortions on credit levels in India. What are the solutions?
11. 1.08.00: NITI Aayog has a draft Land Titling law out focussed on conclusive land titling. Is this the right set of legislation needed to solve the problem?
12. 1.10.30: Assessing the Digital India Land Records Modernization Program. Where are the successes and what's further needed?
13. 1.13.40: A Nifty solution to the issue of land records using data from financial institutions/lenders.
14. 1.18.00: What would your plea be for the government to focus on now?

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