Customary Land-Tenure and the Poor: A Study of Jharkhand and Meghalaya

Social Change ◽  
2020 ◽  
Vol 50 (3) ◽  
pp. 430-446
Author(s):  
Ankita Goyal
Keyword(s):  
Land Tenure ◽  
Agricultural Land ◽  
Primary Data ◽  
Disadvantaged Communities ◽  
The Status ◽  
Land Tenure System ◽  
Customary Laws ◽  
Customary Land ◽  
And Control ◽  
Individual Ownership

For most people living in rural India having access and control over land is crucial for their livelihood, more so in the case of tribals. This article analyses the nature of the customary land-tenure system in some districts of Jharkhand and Meghalaya and their impact on livelihood patterns, food security and poverty. Based on both secondary and primary data, the article seeks to examine the nature of the customary land-tenure systems in selected scheduled areas; specifically identifying the status of locals versus non-locals in managing land resources and analysing the extent to which women have been able to secure land rights under customary laws. The article concludes that though there are both positive and negative aspects to community and individual ownership of agricultural land, but on the whole the prevailing system does not helping in bettering the conditions of disadvantaged communities.

scholarly journals When Tradition Meets Modernity in Land Registration: Evidence from Dagbon, Ghana

Land ◽  
2020 ◽  
Vol 9 (11) ◽  
pp. 416
Author(s):  
David Asante Edwin ◽  
Evam Kofi Glover ◽  
Edinam K. Glover
Keyword(s):  
Land Tenure ◽  
Research Question ◽  
Land Ownership ◽  
Registration System ◽  
Land Registration ◽  
Tenure System ◽  
Title Registration ◽  
Land Tenure System ◽  
Customary Land ◽  
And Control

Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.

scholarly journals The Solution for Narrow Land Agriculture to Obtain Profit in Deli Tua, Indonesia

2018 ◽  
Vol 1 (4) ◽  
pp. 369-375
Author(s):  
Wahyunita Sitinjak
Keyword(s):  
Financial Institutions ◽  
Land Tenure ◽  
Agricultural Land ◽  
Rural Poverty ◽  
Income Level ◽  
Primary Data ◽  
Land Area ◽  
Head Of Household ◽  
The Family ◽  
The Status

Rural poverty is influenced by the level of education of the head of the family, mastery of the base of the land area, and natural conditions (agricultural land). Likewise, in this study of 'Analysis of the Factors Causing Poor Farmers' Revenues in Deli Tua District', it is assumed that farm household income is influenced by factors of education of the head of household, extent of land tenure, access to financial institutions, existence of alternative business and family dependents. The purpose of this thesis research is; (I) to find out whether the extent of land tenure, education level, number of family dependents, accessibility to financial institutions and the existence of business alternatives affect the income level of farmers, (2) to find out whether there is an influence of land area differences on income levels, (3) find out whether there is an influence of the differences in the status of own land and rent to income level, and (4) to find out the income distribution between farmers who control the 0.5 ha cultivated area and farmers who control the cultivated area greater than 0.5 ha. The research was conducted using descriptive method Primary data was collected by distributing 68 questionnaires in 6 (six) villages and villages in Deli Tua sub-district, Deli Serdang district, namely Deli Tua sub-district, Deli Tua Barat and Deli Tua Timur and Mekar Sari village, Kedai Durian and Suka Makmur.

Syed Nawab Haider Naqvi, Mahmood Hasan Khan and M. Ghaffu Otaudhry (edt.). LaJld Reforms in Pakistan, A Historical Perspective. Islamabad: Pakistan Institute of Development Economics 1987. viii+216 pp.Price: Rs 220 (USS 35) for hardcover; Rs 140.00 (USS 20) for soft-cover.

1988 ◽  
Vol 27 (2) ◽  
pp. 217-218
Author(s):  
Luther Tweeten
Keyword(s):  
Land Tenure ◽  
Land Reform ◽  
State Ownership ◽  
Land Reforms ◽  
Policy Makers ◽  
Rural Pakistan ◽  
The Status ◽  
Land Tenure System ◽  
Ownership Of Land ◽  
High Degree

The authors describe how Pakistan has grappled with land reform, surely one of the most intractable and divisive issues facing agriculture anywhere. The land-tenure system at independence in 1947 included a high degree of land ownership concentration, absentee landlordism, insecurity of tenant tenure, and excessive rent. Land reform since 1947 focused on imposition of ceilings on landholding, distribution of land to landless tenants and small owners, and readjustments of contracts to improve the position of the tenant. These reformist measures have removed some but by no means all of the undesirable characteristics of the system. The authors list as well as present a critique of the reports of five official committees and commissions on land reform. The reports highlight the conflicts and ideologies of the reformers. The predominant ideal of the land reformers is a system of peasant proprietorship although some reformers favoured other systems such as communal farming and state ownership of land, and still others favoured cash rents over share rents. More pragmatic reformers recognized that tenancy is likely to be with Pakistan for the foreseeable future and that the batai (sharecropping) arrangement is the most workable system. According to the editors, the batai system can work to the advantage of landlord and tenant if the ceilings on landholding can be sufficiently lowered (and enforced), the security of the tenant is ensured, and the tenant has recourse to the courts for adjudication of disputes with landlords. Many policy-makers in Pakistan have come to accept that position but intervention by the State to realize the ideal has been slow. The editors conclude that" ... the end result of these land reforms is that they have not succeeded in significantly changing the status quo in rural Pakistan" (p. 29).

scholarly journals APPLICATION OF UAV SURVEYS FOR EVALUATING THE PRODUCTIVITY LEVELS OF TRADITIONAL AND MECHANISED FARMERS IN A CUSTOMARY LAND TENURE SYSTEM

2021 ◽  
Vol XLIII-B3-2021 ◽  
pp. 617-622
Author(s):  
D. N. Olayinka ◽  
K. L. Omolaye ◽  
A. J. Ilesanmi ◽  
C. J. Okolie ◽  
I. D. Arungwa
Keyword(s):  
Rural Communities ◽  
Land Tenure ◽  
Open Data ◽  
Farming Systems ◽  
Aerial Survey ◽  
Crop Field ◽  
Land Tenure System ◽  
Land Holdings ◽  
The Government ◽  
Customary Land

Abstract. In most of Nigeria’s rural communities, land holdings are small and uneven; and this impacts significantly on their mechanisation potentials. This fragmented nature of the farmlands also inhibits the creation of an effective land market. This study utilised a digital orthomosaic generated from an Unmanned Aerial Vehicle (UAV) survey in evaluating the productivity levels of traditional and mechanised farmers in Okeho Community of Oyo State, South-Western Nigeria. The aerial survey was conducted with a DJI Phantom 4 Professional UAV covering 250 acres of traditional and mechanised farmlands to produce a very high resolution orthomosaic at 6 cm spatial resolution. Sixty-three respondents (61 traditional farmers and 2 mechanised farmers) were also interviewed using questionnaires. Their responses were keyed into a database with the Open Data Kit (ODK) data collector. The orthomosaic was classified into farmland units and a database of the farmers land holdings was created in ArcGIS software. Some parameters influencing their productivity were computed – Crop Field Fraction (CFF) and Crop Yield Index (CYI). The results showed that very few farmers had a shared equity on land (only 3%); most farms were acquired under freehold or lease. Also, only 1% of their farm sizes was larger than 5 acres. There was a sharp disparity in the crop field fraction (traditional farms – 32.2; mechanised farms – 68.8), and the productivity from the mechanised farmers surpasses that of the traditional farmers. It is recommended that the Government should support cluster farming systems among farmers to boost productivity.

scholarly journals Towards Responsible Consolidation of Customary Lands: A Research Synthesis

Land ◽  
2019 ◽  
Vol 8 (11) ◽  
pp. 161 ◽  
Author(s):  
Kwabena Asiama ◽  
Rohan Bennett ◽  
Jaap Zevenbergen
Keyword(s):  
Land Tenure ◽  
Land Consolidation ◽  
Research Approach ◽  
Land Fragmentation ◽  
Land Administration ◽  
Tenure System ◽  
Food Productivity ◽  
Land Tenure System ◽  
Land Reallocation ◽  
Customary Land

The use of land consolidation on customary lands has been limited, though land fragmentation persists. Land fragmentation on customary lands has two main causes—the nature of the customary land tenure system, and the somewhat linked agricultural system. Since attempts to increase food productivity on customary lands have involved fertilisation and mechanisation on the small and scattered farmlands, these approaches have fallen short of increasing food productivity. A study to develop a responsible approach to land consolidation on customary lands using a design research approach is undertaken and reported here. Based on a comparative study, it is found that three factors inhibit the development of a responsible land consolidation approach on customary lands—the coverage of a land administration system, a land valuation approach, and a land reallocation approach the fits the customary land tenure system. To fill these gaps, firstly, this study developed the participatory land administration that brought together traditional land administration approaches with emerging bottom-up approaches, as well as technological advances that drive these approaches together with the growing societal needs. Secondly, a valuation approach was developed to enable the comparison of the farmlands in rural areas that are without land markets. Finally, a land reallocation approach was developed based on the political, economic and social, as well as technical and legal characteristics of rural customary farmlands. This study concludes that though the land consolidation strategy developed is significantly able to reduce land fragmentation, both physical and land tenure, the local customs are an obstruction to the technical processes to achieve the best form of farmland structures.

Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure

1992 ◽  
Vol 36 (2) ◽  
pp. 140-167 ◽  
Author(s):  
Clement Ng'ong'ola
Keyword(s):  
Land Tenure ◽  
Significant Proportion ◽  
Customary Law ◽  
African Countries ◽  
Colonial Era ◽  
Land Tenure System ◽  
Tribal Land ◽  
Customary Land ◽  
Land Control ◽  
Crown Lands

In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with common law notions and conceptions imported into the country with colonial rule. To some extent both State land and freehold land are held under or governed by “received law”, in contradistinction to tribal land which is largely held under customary law.In 1968, barely two years after independence, the Botswana parliament enacted legislation which attempted to reform customary land tenure by replacing existing customary or tribal institutions of land control and administration with statutory land boards. These started operating in 1970, and it soon became apparent from early assessments that even this limited and cautious programme of reform would not escape some of the problems associated with land transformation exercises elsewhere in Africa.

scholarly journals Identification, Prioritization and Mapping of Ecosystem Services in the Panchase Mountain Ecological Region of Western Nepal

Forests ◽  
2018 ◽  
Vol 9 (9) ◽  
pp. 554 ◽  
Author(s):  
Shankar Adhikari ◽  
Himlal Baral ◽  
Craig Nitschke
Keyword(s):  
Ecosystem Services ◽  
Agricultural Land ◽  
Secondary Data ◽  
Well Being ◽  
Primary Data ◽  
Cultural Services ◽  
The Status ◽  
Ecological Region ◽  
Forest Users ◽  
Provisioning Services

Ecosystem services (ES) are critical to human well-being, especially in developing countries. Improved understanding of the status of ES is required to help people improve their quality of life. The status of ES is largely unknown in many regions of Nepal. This study was carried out in one of Nepal’s biodiversity hotspots, the Panchase Mountain Ecological region (PMER), to identify, prioritize and map the major ES in the region. Primary data for the study were collected through key informant interviews, focus group discussions, a transect walk, and field observations. Similarly, secondary data were obtained from published and unpublished reports and satellite images of the study area. The data were analyzed both qualitatively and quantitatively. Thirty-seven ES were identified from the study landscape. Among them, nine were provisioning services, thirteen regulating services, nine cultural services, and six supporting services. Interestingly, the prioritization of ES among stakeholders differed on the basis of their background, particular features of their landscape, professional engagement, and individual interests. For instance, forest users prioritized provisioning services for their daily needs whereas forest managers prioritized regulating and cultural services for overall ecosystem management and aesthetic values. Mapping of the ES from the landscape for 1995 and 2015 identified that forest area and associated ES have likely increased, especially in the upland regions, while agricultural land and their associated ES have decreased. The study can be used as a reference by planners and policy makers in managing ES in the PMER to increase synergies and reduce trade-off among various services.

scholarly journals Struggles of Women to Access and Hold Landuse and Other Land Property Rights under the Customary Tenure System in Peri-Urban Communal Areas of Zimbabwe

Land ◽  
2021 ◽  
Vol 10 (6) ◽  
pp. 649
Author(s):  
Emaculate Ingwani
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Social Systems ◽  
Urban Context ◽  
Tenure System ◽  
Communal Area ◽  
Land Tenure System ◽  
Communal Areas ◽  
Customary Land ◽  
Land Property Rights

The struggles of women to access and hold landuse and other land property rights under the customary tenure system in peri-urban communal areas is increasingly becoming a cause for concern. These debates are revealed using a case study of a peri-urban communal area called Domboshava in Zimbabwe. Women living in this peri-urban communal area struggle to access and hold landuse and other land property rights registered under their names. The aim of this paper is to present an analysis of the struggles faced by women to access and hold landuse and other land property rights in Domboshava. This paper is a product of a literature review on land property rights, land tenure systems, and peri-urbanity more generally. Field data was intermittently collected in the peri-urban communal area of Domboshava over a period of four years from 2011 to 2014, as well as through post-research social visits stretching to 2019. Thirty-two women were conveniently selected and interviewed. I applied Anthony Giddens’ structure-agency theory as a framework of analysis. The struggles to access and hold landuse and other land property rights by women are rooted in land transactions, social systems including the customary land tenure, patriarchy, as well as the peri-urban context of Domboshava. Responsible authorities on land administration in communal areas need to acknowledge the existence of new and invented ways of accessing and holding landuse and land property rights under the customary land tenure system, as well as to find ways to mobilize more opportunities for women on the peri-urban land market.

scholarly journals Poverty Alleviation And Microcredit In Sub-Saharan Africa

2011 ◽  
Vol 8 (1) ◽  
Author(s):  
Wali I. Mondal
Keyword(s):  
Land Tenure ◽  
Poverty Reduction ◽  
Sub Saharan Africa ◽  
Primary Data ◽  
Recent Effort ◽  
Extreme Poverty ◽  
The World ◽  
Land Tenure System ◽  
Development Goals ◽  
Sub Saharan

Sub-Saharan Africa (SSA) continues to be the most poverty- stricken region of the world. Concerns about poverty in SSA and poverty reduction efforts for this region have been documented extensively. The most recent effort aimed at global poverty reduction is known as the Millennium Development Goals (MDG). The first of the eight goals of the MDG calls for eradication of extreme poverty and hunger with a target to halve, between 1990 and 2015, the proportion of people whose income is less than $1 a day. An evaluation of this goal in 2005 reveals that SSA countries have failed to reduce the incidence of extreme poverty while other regions of the world have achieved success in this effort. This paper analyzes the incidence of extreme poverty in SSA in relation to the socio-economic infrastructure of the region, its land tenure system, and particularly the growth of microcredit and microentrepreneurship. Using primary data, the paper analyzes the growth of microcredit which operates through 297 microfinance institutes in 34 countries of the region. Extensive use of microfinancing has shown to reduce extreme poverty among the users of microcredit. Use of microcredit at the grassroots level creates a class of microentrepreneur with characteristics similar to the model of entrepreneurship developed by Schumpeter. The study concludes that there is a prospect for the growth of microentrepreneurship in at least 13 countries of SSA allowing for new employment opportunities, savings among borrowers, and reduction of extreme poverty.

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