LAND REFORMS IN KASHMIR SINCE INDIAS INDEPENDENCE
Irshad Ahmad Dar, C. Lecturer in History, Govt. College for Women Nawakadal Srinagar
Abstract
The most important natural source of Kashmir Valley is land, which is the base
for agriculture. Land reform is one of the most significant of our agricultural
development. Since agriculture occupies an important place in the State s economy, as
the national economy, due emphasis placed on land reforms since independence. After
Indias independence the agrarian system of the state had gone through rapid
transformation, with the introduction of land redistributive measures under leadership of
Sheikh Abdullah. With the introduction of various reform measures introduced by the
government of India and as it was implemented by the state, peasants have got ownership
over the land which they were cultivating for others. With the passage of time peasants
have started replacing traditional crops with new cropping patterns. Then the re-
organizational and development of valleys economy, land reforms have a place of
special significance. The present study shall provide a detailed account of land reforms
and its impact on the agrarian economy of Kashmir.
Keywords: Agrarian, Articulated, Landlords, Manifesto, Peasants, Transformation.
Introduction
The most important natural source of Kashmir Valley is land, which is the base
for agriculture. The system of land tenure refers to the system of ownership of land and
the terms and conditions under which land is leased to the tiller by the landlord. The
tillers of the soil were getting frustrated because they did not have security on their farms
and they have forced to pay high rents to the landlord. The landlords were mere rent
receivers and did nothing for increasing the productivity of land hold by their tenants.
The landlords grew richer and the intermediaries continued to flourish in the valley.
Therefore in the re-organizational and development of valley s economy, land reforms
have a place of special significance. Among all the States of Indian Union, Jammu and
Kashmir has the distinction of having introduced land reform legislations of a
considerable magnitude and earned the reputation of ushering in agrarian revolution.
Since the time of introduction of land reform measures in the state in early 1950s,
peasants were cultivating land for the landlords. With the introduction of various reform
measures introduced by the government of India and as it was implemented by the state,
peasants have got ownership over the land which they were cultivating for others. With
the passage of time peasants have started replacing traditional crops with new cropping
patterns. After 1980s introduction of horticultural sector has brought major changes in
process and patterns of crop cultivation.
Land reform means abolishing the existing defective structure of landholding by
introducing a rationalized structure in order to increase the agricultural productivity 1.
Land reforms usually refer to redistribution of land from rich to poor. More broadly it
includes regulation of ownership, operation, leasing, sale and inheritance of land, in an
agricultural economy such as Kashmir, with great scarcity and an unequal distribution of
land, coupled with a large mass of rural population below the poverty line. There are
compelling economic and political arguments for land reform. It received top priority on
the policy agenda at the time of the Indias Independence and in the decades following
Independence.
Need and Objectives of land reforms
1. The removal of all restrictions for agricultural development.
2. The elimination of all forms of land exploitation.
3. To provide social justice with agrarian system.
4. To increase agricultural production by implementing land development activities.
At the time of Indias independence, when the Dogra rule virtually came to an
end, the economy of the state was wedged in vicious circle of poverty characterized by
one of the lowest per capita income and consumption levels among the states of the sub-
continent. In 1948 the first govt. under Sheikh Abdullah took steps towards the
reconstruction of the economy. Sheikh Abdullah framed a comprehensive plan for the
political, social, economic and cultural upliftment which was adopted in 1944, which
came to be known as New Kashmir manifesto. The New Kashmir manifesto was divided
into two parts, the Constitution of the state and the National Economic plan. The three
most noteworthy goals enunciated in it geared to the interests of Kashmir
agriculturalists, were the abolition of landlordism, land to the tiller and cooperative
association. The new Kashmir manifesto entailed a complete reconstructing of agrarian
relations in the interests of both emancipation of the peasantry from the semi-feudal
system and fostering the agricultural development. It was towards this commitment that
the National government embarked upon a series of land reforms proceeding from new
economic plan 1944 and elaborated in New Kashmir manifesto 2. The land reforms in
Kashmir since Indias Independence can be best understood under the following three
headings.
The first phase of land reforms
In the early days in 1948 the start was made with the resumption of all Jagirs,
Muafis, and Mukarasis, except those made for religious purposes 3. The inherited
character of the lambardari institution was also abolished. The appointment of headmen
was also thrown open to election4.
Moreover, the government in order to rationalize agricultural production adopted
measures towards extensive and intensive development of agriculture. Accordingly the
Grow more food5 scheme was launched in 1948 under which about 185583 kanals of
cultivable waste lands were allotted to the landless peasants during the year 1948-49.
Better seeds and manure was also introduced which resulted an increase of about 2 lakhs
mounds in the food production6. Furthermore, to popularize the self-sufficiency, Sheikh
Abdullah even told the people to consume potatoes than to be dependent on imports thus
earning the name of Aaloo Baap.
The second phase of land reforms
The second phase of land reforms enacted in 1948 was mostly related to the
fixation of rent, fixity of the tenure and protection from ejectment of the tenants. The
tenancy law as administered by the old government had little provisions for the adequate
protection of the cultivator. In fact it safeguarded the interests of the landlord 7. Any
arrangement or deal in respect of rent between the landlord and the tenant was generally
considered to be legally valid and it was believed that the government could not interfere.
The state tenancy Act was amended by the government in October 1948. Amongst other
things, the Act guaranteed fixity of the tenure to the tenant in respect of tenancy holdings
not exceeding 2 1/8 acres (17 kanals) of wet land 4 1/8 acres (33 kanals) of dry land in
Kashmir Province and almost doubled the size in Jammu province8.
Further to lessen, the distress of the poverty stricken people of the valley
especially agriculturalists, the distressed Debtors Relief Act, (1948) was enacted. Two
Debit conciliation boards were appointed in the districts of Anantnag and Baramulla is to
bring about voluntary pacification between the debtors and creditors. Debt claims of
about Rs.175 lakhs were conciliated by them and sealed down to Rs.85 lakhs9.
The government of Jammu and Kashmir was adamant to follow the New Kashmir
programme and in April 1949, appointed land reforms committee under the
chairmanship of Mirza Mohammed Afzal Beigh, to examine and report on various issues
connected with the implementation of the declared policy of giving land to the tiller. The
committee draw up a tentative agricultural plan which besides other things, proposed that
the ownership of all lands would vest in the state which would recognized every occupier
of land as holder10.
The third phase of the land reforms
The third phase of the land reforms programme was launched in 1950 and aimed
at the abolition of landlordism and the transfer of land to the tiller. In order to achieve the
goal of social justice as envisaged in the New Kashmir Manifesto and as promised to the
property stricken rural population, the government had to radicalize the programme of
land reforms11.
On the 13 th July, 1950, the 19th anniversary of the Martyrs Day of Government
made the historic decision of transferring land to the tiller and on the 17 th October, 1950,
the Big landed Estates abolition Act was passed 12 which brought a significant change in
land relationship, also called as Magna Charta of the peasants, which revolutionized the
whole agronomic organization of the state transferring land to the tiller 13. The most
important features of the Act were14
1. Fixation of ceiling on the holding of proprietors at 22 .75 acres equal to 182 Kanals
of land excluding orchards, fuel and fodder resources and uncultivable waste.
2. Expropriation of proprietors from areas exceeding the ceiling.
3. Transfer of tenanted areas from which owners were expropriated to tillers in
cultivating possession thereof.
4. Every proprietor retained only 22.75 acres of land. He was allowed to choose his
retainable land.
5. Such lands from which owners were expropriated, and were not in cultivating
procession of any person, went to the state and were made available for the
settlement of landless peasants and field labourers.
6. The act also provided restrictions on the transfer of land. All transfers after 13
April 1947 were declared null and void lest they should defeat the spirit of the
law.
The important aspect of the Act was transfer of excess land to the actual cultivator,
without any compensation, rationalization of untenanted land, recognition of right of
selection and restrictions on transfer of partition of land 15. Though Kashmir was not the
only state in India where landlordism and Jagirdari system was abolished, but land
reforms in Kashmir were definitely bolder than in any other parts of India. Whereas the
other states of India paid compensation to the expropriated landlords, in Jammu and
Kashmir, the landlords did not get any compensation 16. Further a ceiling of 22¾ acres for
the proprietor had been imposed, whereas there was no such imposition in India.
However a detailed examination of the existing land laws and also the states
agrarian structure was undertaken by the land commission setup in 1963. The
commission proposed basic changes in the agrarian structure of the state with a broad
objective of increasing agricultural production, utilizing manpower resources in fuller
measure and ensuring distributive justice
In 1967 the government made another special consideration by amend the land
revenue Act 1966, thereby, exempting all land Holdings assess to revenue not more than
Rs. 9 from payment of land revenue which was estimated to result in the lessening of
annual land revenue to the state by about 30 lakhs. The state came with a new legislation
in 1972 which opened a new phase of reform programme in the state in conformity with
the objective of rationalizing the existing ceiling, abolition of system of absentee
landlordism and conferencing ownership rights on the Tillers of land, a bill known as,
the Jammu & Kashmir Agrarian reforms Bill was introduced in the assembly in March
1972 to bring Tiller in direct relationship with the state by abolishing all intermediary
interests in land. The bill was referred to a joint select committee and after many
amendments it was adopted in October 1972 by the legislature and came to be called as
state Jammu and Kashmir agrarian reforms Act of 197217.
Subsequently changes were made in the proceeding Act and a new Act was
passed which came to be known as the Jammu and Kashmir agrarian reforms Act 1976.
Some of the important features of the Act were18:
1. To abolition absentee landlordism.
2. The Act fixed a ceiling of 12.5 standard acres varying in terms of ordinary acres
depending upon the quality of soil, availability or unavailability of irrigation and the
region where the land is situated.
3. The Act made provisions for the resumption of land.
4. To provide a land to landless persons.
5. The Act prohibited the alienation of land by way of sale, gift, and mortgage with
possession, bequest and exchange.
6. To allow cultivation of land in genuine cases.
7. To impose ceiling on agriculture and orchards.
8. To protect the interests of mortgagor and mortgagee.
On the basis of the provincial estimated of Agricultural census (1970-1971) 29
percent peasants were except to benefit from 1976 Agrarian reforms Act. As a result of
the implementation of the Act, about 4000 acres of land was recovered for redistribution
among landless labourers and tillers of the soil19.
Impact of the land reforms
Land reforms undertaken in the Kashmir valley have proved to be the most
important single factor, which engineered the basic changes in the rural sector of the
economy of Kashmir. The far-reaching land reforms registered a land mark in the history
of Kashmir. The previously feudal setup was eliminated in all its forms and
manifestations. Land was transferred to the actual tiller with a bundle of rights of
permanent nature, without any compensation being paid to the original owner of the land.
Because of the land reforms the position of the peasants raised and had begun to
extinguish Kashmirs kaleidoscopic hierarchies. The drastic nature of land reforms had
significantly liberated the peasantry of the state from repression of institutional
depressants which increased the agricultural production. The peasant now was very keen
to make investments in land.
Although the peasants continued with almost the same seeds and techniques of
cultivation as in pre-reform (pre-Independence) period, and despite that land reforms led
to the disintegration of land which is considered to be inversely related to productivity by
some economists believing in the economy of scale, yet the agricultural production in the
state increased substantially since Independence.
The peasant was now master of his land and could take decision having utility.
Therefore it is not amazing to see that peasant restored to the cultivation of high value
market crops, hence changing the cropping pattern of state. It is important to mention
that, economically land reforms produced mixed results. No doubt it succeeded in
empowering a large section of peasantry by transferring land to them but the random
nature of distribution lead unequal distribution of land. Since Independence, land was
transferred to the Tillers, the landless labourers did not get any land and in most cases
peasants got very less land than others. This further created class struggle in society. It is
however important to mention that exemption of orchards from the ceiling limits and
inducement for horticultural development also a key role played in giving agriculture a
commercial orientation. Orchardization in Kashmir with high remunerative value was
therefore to a considerable extend the direct and long drawn effect of land reforms. The
considerable decrease in land revenue in the beginning and its consequent abolition under
the land reforms programme did improve the condition of peasant and enable him to save
and invest money on other basic necessities of life. The economic emancipation pave way
for the social advancement motivating the peasants to educate his children and avail
facilities of better health and cultured advancement.
References
1. S. Sankaran, Agricultural Economy of India, Madras: Progressive Corporation Pvt.
Ltd, 1980, p. 2.
2. P. N. Bazaz, The History of the Freedom Struggle in Kashmir, Karachi: National
book Foundation, 1976, p. 333.
3. Suresh K. Sharma, and S. R. Bakshi, Economic Life of Kashmir, New Delhi: Anmool
Publication, 1997, p. 94.
4. Government of Jammu and Kashmir, Report of the Land Commission, 1968, p. 6.
5. Government of Jammu and Kashmir, In Ninety days; a brief account of agrarian
reforms launched by Sheikh Mohammad Abdullahs Govt. in Kashmir, 1948, p. 21.
6. Government of Jammu and Kashmir, 1947-50, An Account of Activities of the Three
years of Sheikh Mohammad Abdullah, 1951, p. 68.
7. M. A. Beigh, On the way to golden harvest: Agricultural reforms in Kashmir in
Suresh K Sharma and S. R. Bakshi (eds.), Encyclopaedia of Kashmir, Vol. 10, New
Delhi: Anmool Publication Pvt Ltd., 1995, p. 220.
8. Government of Jammu and Kashmir; Land Reforms in Jammu and Kashmir,
Srinagar: Department of Information, 1976, p. 2.
9. Jasbir Singh, The Economy of Jammu and Kashmir, Jammu: Radha Krishn Anand
and Co., 2004, p. 138.
10. Govt. of Jammu and Kashmir, Land Reforms Committee, The Tentative
Agricultural Plan, 1950, p.24
11. Ronald J. Herring, Land to the Tiller; the Political Economy of Agrarian Reforms
in South Asia, Delhi: Oxford University Press, 1983, pp. 155-56
12. Suresh K. Sharma and S. R. Bakshi, Op., Cit., p.95.
13. Jasbir Singh, Op., Cit., p. 138.
14. Ibid.,
15. Government of Jammu and Kashmir, Report of the Land Compensation Committee
1951-52, pp. 25-27.
16. Jasbir Singh, Op., Cit, pp. 138-39.
17. Government of Jammu and Kashmir, Department of Information, Agrarian
Reforms Act 1972. Salient features p. 2.
18. Government of Jammu and Kashmir, Department of Information, Jammu and
Kashmir Agrarian Reforms Act 1976, p. 4.
19. Jasbir Singh, Op., Cit., p. 150.
