Thursday, December 23, 2010

A History of Land Tenure in the Subcontinent

Land tenure is the legal or customary relationship between the landowner, tenant or cultivator who has an interest in the land. The owner cultivator has a special bond with the land and takes good care of it. The tenant cultivator, on the other hand, is more interested in the productivity of the land, even if the quality of the land is affected in the process.
Land tenure has a direct relationship with agricultural practice and production. In ancient times, land tenure was communal, and individual proprietorship did not exist. The Aryans, who came to the subcontinent in 15000 BC, first introduced the concept of family ownership of land, paving the way for individual ownership. During the Muhghal period, three land tenure systems were in place, village tenancy, family ownership and individual proprietorship.Taxes were collected by government-appointed tax collectors who either kept a part of the amount as remuneration or were allocated rent free land. Later, this rent collection system became hereditary, signalling the beginning of the zamindari system. The Mughals also bestowed jagirs or rent free land on their subjects.
During the period of political instability just prior to the extension of British rule in the Punjab and in the NWFP, influential landlords managed to acquire large estates. When the British came to power, they recognized their proprietary rights. The British also granted large jagirs to those individual who had helped them conquer the region. The landlords and jagirdars could rent land to tenants. The mahalwari system was practiced in the eastern parts of Punjab. In this system, the peasants of village were collectively and individually responsible for the payment of land revenue. This system was also practiced in the NWFP, where it was known as bhaichara.
In sindh, most of the land was allocated by the Mughals to local chiefs. The British also recognized their proprietary rights. The pattadari system was practiced in the northern parts of Sukkur, Shikarpur. In this system, land was held by individuals on payment of a nominal rent to the government. In addition, there were zamindari and peasant holdings in which the ownership of the land was vested in the state but the occupants were allowed to inherit, divide and transfer the property as long as they paid revenue to the government. The British also introduced the ryotwari system in which the state retained proprietory rights to the land but leased it to tenants at will called haris. The haris only paid rent for the years that they ploughed the fields. By 1932, after the construction of the Sukkur Barrage and the laying of perennial canals, wealthy people purchased land at high prices and rented them out to poor cultivators. As a result, a large class of big landowners emerged.
Pakistan has inherited all of these land tenure systems, making the issue of land ownership in the country a very complicated one. These systems are still in current usage. In recent times, absentee landlordism has led to the development of occupancy tenants and tenants at will Under occupancy tenure, the occupants have the right to cultivate the land on payment of a small rent. Although they do not own the land, their right over it is inheritable and irrevocable. Tenants at will, on the other hand, are hired by the landlord and have no occupancy rights. It is estimated that about 50 percent of the cultivated land in Pakistan is held by occupancy tenants and tenants at will.

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