Earlier this week I had an opportunity to speak with one of Ashoka’s early fellows from India – Mr. Aromar Revi. Mr. Revi has spent over 20 years working on settlement rights, public housing, and institutional reform around the globe. Currently, he is leading the process to build a national university focused on how to transform the country (among other things).
We had an interesting discussion about property rights in India – below is the summary of our conversation:
Why are property rights and land reform important issues?
India is a country of over 1.25 billion people, and ran out of agrarian land 50 years ago. Over 50% of the population resides in urban areas, where there is little to no access to water. In rural areas, the most valuable asset is access to land. Unfortunately, while laws exist to manage these issues, they are outdated and do not speak to the pressures of modern life.
… almost 60 % of the population lives in informal settlements … this is not a marginal question, it’s a CENTRAL question.
Mr. Revi described the situation as “confounded” and highly political. Conflict over land titles is occurring all over India – especially in central and eastern India where the displacement of people in tribal areas is a growing issue. And while rural areas are seeing the bulk of visible conflict, urban India is not much different: in Mumbai almost 5 million people have been displaced through efforts to create world-class cities.
Most of the legal reforms happened in the 1950s … but since then, there has not been much done – this is not sustainable.
What is it that sets India apart when it comes to property rights?
Mr. Revi’s response is simple and sobering …
The scale of what happens in India is sometimes quite numbing
What are some major obstacles to progress?
The central question is a political one – the legal system must protect property as a fundamental right. In India, the constitution identifies property rights as a legal right, rather than a fundamental right. The distinction between legal and fundamental is enormous … and as a result, land has become a legal battle. Beyond this distinction, numerous other problems exist including the lack of a functional land title system, lingering pre-colonial settlement overlays, and little information available in the public record.
In fact, most of the land records available are around Bangalore and southern India – and other states are beginning to follow suit.
One would expect that in the cities it would be better, but it is not.
Yet even with a functional land title system in place, the process is cumbersome, and the people who are most vulnerable still have the least access.
It’s not only important to protect people, but also the environment and delicate ecosystems
Within urban areas more regulations are present, with the intention of protecting the poor, but “projects” and public works are a big point of contention. When people are forced to give up land, there is a feeling that they should somehow benefit from whatever project is being built there.
Are any efforts being made to improve the situation in India?
Sure – there is a current program underway to give every resident an identification, regardless of where they live. This is critical because it makes it easier to access things that are mandated to them. For example, when a child is registered in school, she/he cannot get her entitlement because there is no proof of where the child lives.
… you cannot address this question simply through a project or program – it is a deeper structural problem.
If the most important capital assets are not equitably accessible then you cannot establish systems for the people that use them. We’ve had millions of initiatives, but this is truly a systemic issue. Efforts are being made, but the need is deep and requires significant shifts in the underlying system.
What do you see as the role or impact of programs such as the Omidyar Network and Ashoka Changemakers competition Property Rights: Identity, Dignity & Opportunity For All?
Any kind of innovation that is deep and scaleable is of interest – the fact that someone has been able to accomplish even something minor in India makes others realize that something can be done, and that it is within their power to create change. And it is these same changemakers who must inevitably become more politically engaged – as it is in policy and the legal system that the foundations of this problem exist.
Are you a working to support property rights? Join our movement!
Photo courtesy of Meanest Indian Flickr
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