Land rights denied

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Continuing with the debate of deprivation of rights of the tribals or the hill people in the state of Manipur, we would like to stress once again on the question of the rights of the individual with regard to land … Continue reading

The post Land rights denied appeared first on  KanglaOnline.com.

The post Land rights denied appeared first on  KanglaOnline.com.

Continuing with the debate of deprivation of rights of the tribals or the hill people in the state of Manipur, we would like to stress once again on the question of the rights of the individual with regard to land ownership in the hill areas of the state. This issue has been put on the backburner by both the state and various civil society groups. The issue of individual land ownership in the hills had long been delayed because of the negative approach of the state and the resistance in the name of customary laws. There is an urgent need today to revisit and re-examine whether the traditional laws and customary practices with regard to land ownership is democratic or not and whether the present land ownership system is helping in the sustainability of the land in question. Land is used for so many purposes, land and property rights have broad impact on people’s lives and livelihoods. Land and property rights are key for a life with dignity; they are the basis for entitlements which can ensure an adequate standard of living and economic independence and thus, personal freedom.

How do property rights contribute to better landuse and improved livelihoods? If farmers cannot rely on their property rights or that their use of the land its produce is temporary they will invest less and will try to extract the maximum value from the resource in a shorter period of time, not knowing how long they may hold the right. They will thus jeopardize the future productivity of the soil. In this way, insecurity of property rights directly affects the sustainability of the use of the resource, its productivity and eventually its value. The set of rights held by an individual enables that individual to make management decisions on how land or other assets will be used for his or her immediate needs and long-term sustainable investment. If a given property right is clear and secure, the person will be encouraged to invest in and improve the resource; land can be used as collateral for credit, which can increase the productivity and efficiency of its use, and can contribute to economic growth. Access to other productive resources such as water, irrigation systems and forest products is tied to land rights as well. Strong land and property rights are relevant for allowing people to live in dignity, access resources and credits they need to ensure their livelihoods, develop their capabilities and make choices necessary for the enjoyment of an adequate standard of living and other fundamental human rights.

The hill communities have their own system of land holding based on customary and traditional practices. Among the Naga groups despite the absence of patta system, there is definitely an ownership system at the community level and also at the individual level among the Nagas varying according to tradition. With regard to the Kuki-Chin-Mizo group of people, the chief is all in all. He is the supreme authority. He owns the entire land within his jurisdiction. There is neither clan land nor individual. He distributes land for cultivation and plot for dwelling house construction. The villagers dwell or toil at his pleasure. The Kuki chief has the authority to expel any villager from the village. The Kuki administration is feudal and the chief is the autocrat and a landlord. Such a practice had in time reduced the poor villagers to the status of some kind of tenants who paid certain fixed amount of paddy for tilling the land. And such, there is no individual land ownership system in the hills of Manipur which has resulted in the denial of life with dignity for the hill individuals while seriously affecting the fertility and land-use pattern among the tribals. The individual have been exploited or dispossessed of his democratic right in the name of traditional law or customary practices.

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