The Land Question in India - State, Dispossession, and Capitalist Transition (PDFDrive)
The Land Question in India - State, Dispossession, and Capitalist Transition (PDFDrive)
Edited by
Anthony P. D’Costa
and Achin Chakraborty
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Preface and Acknowledgments
The land question in India is a weighty subject and a single volume such as
this is unlikely to do justice to the complexities of the topic. Nevertheless,
there are some core dimensions around which land could be contextualized
and the place of land in economic development re-conceptualized as new
social forces impinge on the value and usage of land and the livelihoods that
depend on them. India, like many other developing countries undergoing
capitalist economic transition and transformation, offers a wide lens to view
such change through the land question. More distinctively, India, with its
particular form of democratic practices, provides a rich landscape in which the
conflict between the social obligation of the state to protect its vulnerable
small and marginal famers and the increasingly rapacious demand for land for
nonagricultural purposes has become highly pronounced.
The replacement of the 1894 Land Acquisition Act with the 2013 Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act is reflective of this democratic sentiment. While the state has
always exercised eminent domain and compensated those whose lands were
appropriated for “public purpose,” rehabilitation and resettlement have given
new meanings to land acquisition. The 2013 act has certainly altered the terms
and conditions by which land is to be transacted but has not eliminated the
process of dispossession. However, it has meant long, drawn-out negotiations
over “fair” prices and institutional demands for resettling and rehabilitating
the dispossessed or “project-affected people.” This has slowed the process of
land transfer and thus presumably nonagricultural-based accumulation, while
at the same time the Act has provided a legal apparatus by which the acqui-
sition of land would inevitably be facilitated.
The significance of land in capitalist transition is well documented. Land,
along with labor, is a vital factor of production. Historically, transforming the
role of land from a source of subsistence livelihood to a source of capital
accumulation has been fundamental to capitalist transition. Separating the
direct producers from their land has been a structural imperative for primitive
accumulation and agricultural sector dynamism and subsequent expansion and
diversification of a capitalist industrial economy. Postcolonial societies such as
Preface and Acknowledgments
vi
Preface and Acknowledgments
Achin Chakraborty
Institute of Development Studies Kolkata
June 2016
vii
OUP CORRECTED PROOF – FINAL, 27/2/2017, SPi
Contents
List of Figures xi
List of Tables xiii
List of Abbreviations and Acronyms xv
List of Contributors xix
10. Land Reform in Kerala and West Bengal: Two Stories of Left
Reformism and Development 242
Anirban Dasgupta
Index 331
x
List of Figures
xiv
List of Abbreviations and Acronyms
xvi
List of Abbreviations and Acronyms
xvii
List of Contributors
Shapan Adnan obtained a PhD in Social and Political Sciences from the University of
Cambridge. He is currently an independent scholar based in the UK. He has formerly
taught at the National University of Singapore and Universities of Dhaka and
Chittagong. He has been a visiting research fellow at the University of Oxford and is
currently an Associate of its Contemporary South Asian Studies Programme (CSASP).
He is a member of the international advisory board of the Journal of Peasant Studies and
the Chittagong Hill Tracts Commission. His research and publications cover political
economy, sociology, anthropology, and development.
Arindam Banerjee is Associate Professor in Economics at the School of Liberal Studies,
Ambedkar University Delhi. He has completed his doctoral degree from the Centre for
Economic Studies and Planning, JNU, New Delhi, on agrarian crisis and peasant accu-
mulation. He has earlier worked at the Centre for Development Studies, Trivandrum,
and Research and Information System, New Delhi. His primary areas of research
interest are agrarian change, food security, political economy, and colonialism.
Rajesh Bhattacharya is Assistant Professor in the Public Policy and Management
Group at the Indian Institute of Management Calcutta. He has also taught at South
Asian University, University of Calcutta, and Presidency University. He obtained his
PhD in Economics from University of Massachusetts, Amherst. His research areas
include capitalism and dispossession, informal economy, urban political economy,
and financialization of capital.
Snehashish Bhattacharya is Assistant Professor in the Faculty of Economics at South
Asian University, New Delhi. He has also taught at Franklin and Marshall College,
Pennsylvania, and The New School University, New York. His research interests include
the political economy of development and the informal economy.
Achin Chakraborty is Professor of Economics and the Director of the Institute of
Development Studies Kolkata (IDSK). Before joining IDSK in 2004 he had been an
Associate Professor at the Centre for Development Studies, Kerala. Chakraborty
received his PhD in Economics from the University of California at Riverside. He
was a visiting professor at Sciences-Po, Paris. He has published widely in journals
such as Economic Theory, Journal of Environment and Development, Social Indicators
Research, and Economic and Political Weekly in the areas of development economics,
welfare economics, and methodology of economics.
xix
List of Contributors
xx
List of Contributors
Development, Economic and Political Weekly, Journal of Peasant Studies, Journal of Agrarian
Change, Development and Change and The Hindu.
R. V. Ramana Murthy is Professor of Economics teaching at the School of Economics,
University of Hyderabad. His current areas of research are agrarian transition and
agrarian question in India, structural transformation, and political economy of
global capitalism, and neoliberalism. He teaches research methodology, agricultural
economics, and the Indian economy since independence.
Kenneth Bo Nielsen is a social anthropologist working at the Department of Sociology,
University of Bergen, Norway. He also coordinates the Norwegian Network for Asian
Studies hosted by the University of Oslo’s Centre for Development and the Environ-
ment. His most recent book is a co-edited volume on The Politics of Caste in West
Bengal (2016).
Alf Gunvald Nilsen is Associate Professor of Sociology at the University of Bergen,
Norway, and a visiting senior researcher at the Society, Work and Development Insti-
tute at the University of the Witwatersrand, South Africa. His research focuses on social
movements in the global south, with a particular concentration on India. He is the
author of Dispossession and Resistance in India: The River and the Rage (2010) and
co-author of We Make Our Own History: Marxism and Social Movements in the Twilight
of Neoliberalism (2014).
Malabika Pal is Associate Professor in Economics at Miranda House College, University
of Delhi. She obtained her PhD in Economics from Jawaharlal Nehru University,
New Delhi. Her research interests are in the fields of Law and Economics and Inter-
national Economics. She has worked on the economic analysis of tort law, the issues
related to the acquisition of land and on financial crises. She is a recipient of the
National Scholarship and the Ford Foundation Scholarship.
Mircea Raianu is a PhD Candidate in the History Department at Harvard University,
completing a dissertation entitled “The Incorporation of India: The Tata Business Firm
between Empire and Nation, ca. 1870–1960.” He was the recipient of a Fulbright-Nehru
Fellowship in 2013–14. His broader research interests include political economy and
the legal and intellectual history of capitalism in modern South Asia.
Asok Kumar Ray was a visiting fellow at Omeo Kumar Das Institute of Social Change
and Development, Guwahati. He works on political anthropology and institutions of
the tribes in Northeast India and has written extensively on these issues.
R. Vijay is Professor of Economics at University of Hyderabad. He has completed his
doctoral work on land markets with specific emphasis on peasant migration as a factor
for an alternate land use pattern. His main research interests are the process of agrarian
change in the rural economy and to analyze the impact of institutions on economic
performance. He has published extensively on changing rural economic structure and
nature of agrarian relations.
xxi
Prelude
Partha Chatterjee
It is well known that the people first emerged in the history of the modern
state sometime in the late eighteenth and early nineteenth centuries with the
French, the American, and the Bolivárian revolutions in the Spanish colonies
of South America. These were republican revolutions against monarchy and
empire. They shifted the locus of legitimate sovereignty from the divine or
dynastic rights of kings to that of the people. It is also well known that the idea
of the people in this new concept of popular sovereignty was entirely abstract.
In actuality, only a small part of the people was regarded as proper citizens
with the right to be consulted in matters of law making or administration. But
when new republican elites began to wield power, sometimes in thoroughly
authoritarian ways, they always did so in the name of the people. And when
the wave of democratic revolutions swept through Europe in the nineteenth
century and anti-colonial revolutions became victorious in Asia and Africa in
the twentieth, it was the idea of the people as the only legitimate foundation
of sovereignty in the modern world that became universally recognized as a
feature of modernity itself.
The idea of populism as we know it today arose in the twentieth century
with the emergence of mass democracies, first in Europe and then in other
parts of the world. In some ways, it is connected with a very old idea, going
back to ancient Greece, which, while accepting the principle that regular
public consultations among proper citizens made for good government, was
The Land Question in India
at the same time deeply suspicious of the rule of the demos. The industrial
societies of Western Europe and North America first established bourgeois
norms and practices of representation and equality before the law within a
limited section of the population and subsequently spread them to the rest of
society through the extension of the suffrage to workers and women, the
universalization of primary and secondary education, the growth of civil–
social associations including national trade unions among the working
classes, and the creation of national political parties with mass electoral
following. For most of the twentieth century, liberal democracy in Europe
and North America confidently asserted that the most efficient way to main-
tain the rule of capitalist property and merit-based reward was to do so within
a system of competitive electoral democracy with universal adult franchise.
Populism has challenged this confidence, so that the orthodox view in
political theory is to regard populism as a perversion of democracy. Populism
points to the inequalities in wealth, income, and power that prevail in con-
temporary democracies and claims, on behalf of the authentic people, to
attack those enemies of the people who rule by force, corruption, and false-
hood. There have been several kinds of populism in the twentieth century,
especially in Latin America but also more recently in Asia. Some have been
right-wing, others left-wing; many defy classification in traditional ideological
terms. In recent years, populism has become the subject of sophisticated
theorization, especially following the writings of Ernesto Laclau (2005).
I bring up the phenomenon of contemporary populism in order to connect
it to another recent development in the political economy of capitalist
development in Asia and Africa. This is what Marx referred to in Capital, volume
1, as “the so-called primitive accumulation” (Marx 1990). Some recent scholars
in India have revisited Marx on this topic and suggested that it has much to do
with the recent spate of populist politics in postcolonial democracies in Asia
and Africa. By connecting populism to primitive accumulation in the specific
context of claims to the possession of land in contemporary India, I hope to
frame the discussions in this volume within a broader political-economic field.
2
Prelude
3
The Land Question in India
owners and few were wage laborers. Colonies in the US South and the
Caribbean, which had large plantations, had labor consisting of African slaves.
The rise of industrial capitalism in North America required the creation of a
pool of free wage laborers. This was accomplished by the emancipation of slaves
and the new influx of migrant laborers from Europe in the late nineteenth and
early twentieth century. With the end of slavery in the Caribbean, plantation
labor was supplied by free but indentured laborers, mostly from India. In all of
this, once again, the role of the state was crucial.
To return to the story of primitive accumulation in Europe, not all those who
were dispossessed of their means of production could be absorbed as wage
laborers in industry. Marx underestimates the scale of this surplus population.
Emigration to the Americas, Australia, and other colonies was a major part of
the political management of primitive accumulation in Europe. Between 1815
and 1920, some 60 million Europeans migrated to the Americas. Besides, there
were the millions of soldiers who died as cannon fodder in the endless European
wars of the eighteenth, nineteenth, and twentieth centuries. A million people
died in the Seven Years War in the middle of the eighteenth century, 5 million
died in the Napoleonic wars in the early nineteenth century, 20 million died in
World War I and at least 50 million died in Europe in World War II. Deaths by
famine and epidemic were quite significant in European countries even in the
nineteenth century, the most well known being the Irish famine of the 1840s,
in which a million and a half people perished. The point is that in an age before
mass democracy, such catastrophic deaths in wars, epidemics, or famines were
politically far less damaging to the ruling powers than they would be now. That
is a crucial point of difference in the conditions in which primitive accumula-
tion is being managed in the countries of Asia and Africa today.
One should also mention here that in the so-called latecomer capitalist
countries, the classic English way of the emergence of capital from below
was not available. Germany and Japan industrialized in the late nineteenth
and early twentieth century under a centralized authoritarian state extracting
surplus from the agrarian sector to finance huge military expenditures to
create demand for industrially produced consumption and capital goods.
The dispossessed peasant population was—often coercively—mobilized into
a labor force for state-financed infrastructure projects, state-sponsored indus-
try, and, most significantly, the rapidly expanding armed forces. What is
often called the second way of capitalism opened up the political possibility
of the authoritarian management of primitive accumulation in the twenti-
eth century. Indeed, the political management of primitive accumulation in
the Soviet Union could be said to have been accomplished largely along the
lines of the second way. This was theorized in the 1920s by the Soviet
economist Yevgeny Preobrazhensky as “primitive socialist accumulation”
(Preobrazhensky 1965). Primitive accumulation was carried out in the
4
Prelude
Luxemburg’s Elaboration
5
The Land Question in India
6
Prelude
7
The Land Question in India
How is this done? A part of the revenues that accrue to the state from taxes
levied on the capitalist growth sector is used for social expenditures to support
the livelihood of the dispossessed population. While primitive accumulation
continues to destroy traditional occupations, its effects are sought to be
reversed through the mediation of the state.
Several techniques have emerged for carrying out this process of reversal.
First, there are direct transfers of money and commodities to the dispossessed
groups through projects of poverty removal, for example subsidized food,
guaranteed employment for specific periods, housing loans, and so on. Sec-
ond, subsidized public services are provided for poor and disadvantaged
groups in transport, health, schooling, and so on. Third, easy loans are pro-
vided for small businesses and self-employment. Fourth, production and
service units in the informal sector are allowed to violate tax, labor, or pollu-
tion laws that apply to the corporate sector. Fifth, specific groups may be
allowed to build unauthorized housing, vending stalls, production units,
and so on. However, the crucial condition is that all of this must be done
without jeopardizing the formal legal structure of property and civic norms.
This condition is achieved in most cases by administrative decisions that treat
these specific cases as exceptions to the law.
How are these governmental techniques of the reversal of the effects of
primitive accumulation actually negotiated in the field of politics? It could
be done through either authoritarian decisions or democratic compromise.
Each has its own advantages and risks. The example of India may be useful in
discussing these alternative strategies of political management of primitive
accumulation.
The state of emergency declared by Indira Gandhi in 1975–7 was the last
sustained attempt in India to push through a developmental agenda by
authoritarian bureaucratic methods of the kind that had been used, with
varying degrees of effectiveness, in many other Third World countries. For
India’s governing classes, the failure of the Emergency drove home the lesson
that biopolitical projects that have to do with the physical conditions of the
life of the people could not be successfully pursued without passing them
through the sieve of voluntary consent. Further, it also became clear that
welfare measures could not be effectively administered except by opening
their terms to negotiation with the affected population groups. The difficulty
was that the ordinary conditions of citizenship and representation on which
the constitutionally ordained structure of rights and duties was founded could
not uniformly be made to apply to all population groups, especially not to the
8
Prelude
urban poor making a living in the informal economy. Most of the time, the
poor in the city were not property owners, nor did they always observe the
duties of proper urban citizens. What were the terms on which they might be
recognized as parties to governmental negotiation?
The idea of political society (Chatterjee 2004, 2011) recognizes something
new in the way governmental authorities began to negotiate with population
groups. This no longer fitted the old form of patron–client relations between
local notables and their protégés, nor was it quite the same as a political fixer
getting things done at a government office on behalf of a local community. In
the older models, the form of the local community was already given by the
history of local social structures, and the function of the patron, too, was
usually made possible by the prevailing hierarchies of class and status. Political
society, on the other hand, often creates a community where none existed
before, or else it gives new form to older community structures. That is to say,
population groups by engaging with political society acquire the moral char-
acter of community. The phenomenon was particularly novel in the Indian
city of the late twentieth century.
But the period following the end of the Emergency was also the time when
postcolonial democracy gained wider and deeper foundations in rural India.
The result was the emergence of political society around the new forms of
negotiation between rural population groups and governmental agencies.
Rapidly expanded governmental activities in rural India provided the grid
for population groups to be mobilized into the moral form of communities
with voice and identity. Consequently, the idea of political society marked a
new moment in the democratization of Indian politics and society.
Take the familiar example of squatter settlements of the poor in numerous
cities of India. These urban populations occupy land that does not belong to
them and often use water, electricity, public transport, and other services
without paying for them. But governmental authorities do not necessarily
try to punish or put a stop to such illegalities, because of the political recog-
nition that these populations serve certain necessary functions in the urban
economy and that to forcibly remove them would involve huge political costs.
On the other hand, they cannot also be treated as legitimate members of civil
society who abide by the law. As a result, municipal authorities or the police
deal with these people not as rights-bearing citizens but as urban populations
who have specific characteristics and needs and who must be appropriately
governed. On their side, these groups of urban poor negotiate with the
authorities through political mobilization and alliances with other groups.
On the plane of governmentality, populations do not carry the ethical
significance of citizenship. They are heterogeneous groups, each of which is
defined and classified by its empirically observed characteristics and consti-
tuted as a rationally manipulable target population for governmental policies.
9
The Land Question in India
Consequently, if, despite their illegal occupation of land, they are given
electricity connections or allowed to use municipal services, it is not because
they have a right to them but because the authorities make a political calcu-
lation of costs and benefits and agree, for the time being, to give them those
benefits. However, this can only be done in a way that does not jeopardize the
legal order of property and the rights of proper citizens. The usual method is to
construct a case such that the particular illegality associated with a specific
population group may be treated as an exception that does not disturb the
fundamental rule of law. Governmental decisions aimed at regulating the vast
populations of the urban poor usually add up to a series of exceptions to the
normal application of the law.
Populations respond to the regime of governmentality by seeking to con-
stitute themselves as groups that deserve the attention of government. If as
squatters they have violated the law, they do not necessarily deny that fact,
nor do they claim that their illegal occupation of land is right. But they insist
that they have a right to housing and livelihood in the city, and, if they are
required to move elsewhere, they must be provided with rehabilitation. They
form associations to negotiate with governmental authorities and seek public
support for their cause. This becomes a major form of political participation
for these groups, invoking their status as formal citizens but acting in ways
that often contravene the approved practices of civic life. Their political
mobilization involves an effort to turn an empirically formed population
group into a virtuous community. The force of this moral appeal usually
hinges on the generally recognized obligation of government to provide for
the poor and the underprivileged.
This is where the politics of populism comes in. If we consider the example of
elections in India, we will find that the overwhelming bulk of the political
rhetoric expended in election campaigns concerns what governments have
or have not done for which population groups. The function of rhetoric here
is to turn the heterogeneous demands of populations into the morally coher-
ent and emotionally persuasive form of popular demands. In this sense,
populism is the only morally legitimate form of democratic politics under
these conditions. It is important to emphasize that unlike traditional theories
of modernization that would regard such populism as a perversion of mod-
ern democratic politics, our present approach would consider it with utter
seriousness as a new and potentially richer development of democracy. It is
also worth pointing out that one of the persistent findings of election studies
in India is the relatively high electoral participation of voters belonging
10
Prelude
11
The Land Question in India
From the point of view of those who survive in the informal sector and make
claims through what I have called political society, the field of negotiation with
governmental authorities is necessarily uncertain, laying down no firm prin-
ciples, recognizing no definite rights, but leaving everything to the repeated and
always temporary negotiation of claims. Groups in political society have to pick
their way through this uncertain terrain by making a large array of connections
outside the group—with other groups in similar situations, with more privil-
eged and influential groups, with government functionaries, with political
parties and leaders. They often make instrumental use of the fact that they
can vote in elections. But the instrumental use of the vote is possible only
within a field of strategic politics. This is the stuff of democratic politics as it
takes place on the ground in India. It involves what appears to be a constantly
shifting compromise between the normative values of constitutional propriety
and the demonstrative assertion of popular demands.
Governmental authorities, on the other hand, when conceding a demand by
making an exception to the law in a particular case, have to be careful that the
interests of proper law-abiding citizens are not thereby threatened. Thus, squat-
ters may be allowed water and electricity connections at specific negotiated
rates as an exception to the usual structure of rates paid by regular customers, or
vendors may be allowed to set up temporary stalls on the pavement without
threatening the regular shops that have licenses and pay taxes, or small indus-
tries and services in the informal sector may be allowed to ignore labor laws and
pollution regulations that apply to the formal sector. Declaring exceptions of
this kind is always a balancing act and creates an unstable arrangement that
may be disturbed either because the courts decide that the exception is unjus-
tified or the political balance shifts against the population group concerned.
Given the huge number of demands that arise in an immensely heteroge-
neous society such as India where the vast majority of the population lives and
works in the informal sector outside the properly regulated zones of civil
society, the administrative response to these demands ends up in an array of
temporary and often inconsistent exceptions. Population groups, too, do not
seek to fundamentally change the existing structure of rules and regulations
but claim that an exception be made in their case. As a result, the working of
political society ends up in the piling up of exceptions.
The populist politics that tries to bring together the demands of disparate
and localized groups does not constitute a revolutionary challenge to the
structure of state authority. As a political imaginary, it seems to have little
potential for radical democratic change. Many commentators think that the
idea of political society empties the political actions of poor and exploited
people of any concerted or sustained resistance to an oppressive and corrupt
state machinery deeply involved in supporting the primitive accumulation of
capital. Instead, it seems to focus exclusively on the negotiated transactions
12
Prelude
between government agencies and target population groups over the distri-
bution of governmental benefits. It involves limited struggles for daily survival
and prevents the emergence of a long-term strategy or vision of radical trans-
formation (Gudavarthy 2012).
The charge is not entirely untrue. The form of politics spawned by political
society has a horizon limited to the demands of particular groups and does not
seek to generalize its claims to all citizens. But the techniques of struggle
frequently go beyond the limits of the law and sometimes even use violence
(or show of violence) in order to demonstrate extraordinary outrage or draw
the attention of the wider public through the news media to the demands of
the group. There is resistance in political society, sometimes even of a spec-
tacular kind. But more often than not, it is resistance that tests rather than
overtly violates the limits of conventional political practice. In so doing, it
sometimes manages to induce responses from governmental agencies that
change the familiar forms of the conventional.
Some of these changes happen cumulatively. Thus, repeated local struggles
against eviction have led over the decades to a conventional view in most
Indian cities that long-standing slums cannot be cleared. The recognition by
the authorities of the claims of one group of pavement vendors becomes a
precedent that can be used by other groups. Urban groups of this kind
have managed to build national coalitions to coordinate their struggles,
learn from one another and present to the authorities more coherent sets of
demands. The long struggles against slum demolition have brought forth
national policy statements from the government laying down a framework
for the rehabilitation of evicted populations. But there are moments when
apparently uncoordinated local struggles could, simply by their simultaneity,
force the issue into the limelight and bring forth a policy response from the
government. Thus, a spate of agitations in different parts of India against the
acquisition by government of land for industry has led to new legislation
offering better terms of compensation to those who lose their land. The
present government in India, acting under pressure from corporate capitalist
lobbies, has failed so far to push through new laws making it easier to acquire
the land of small farmers for new industry and urban housing. Examples of
such coordinated resistance in political society are clearly growing.
To Conclude
David Harvey has argued that the term “primitive” is an odd characterization
for accumulation in today’s context when capital is several centuries old and
that “accumulation by dispossession” is a far more general description that
could include older as well as recent instances of the history of accumulation
13
The Land Question in India
14
Prelude
References
Chatterjee, P. 2004. The Politics of the Governed: Reflections on Popular Politics in Most of
the World. New York: Columbia University Press.
Chatterjee, P. 2011. Lineages of Political Society: Studies in Postcolonial Democracy. New York:
Columbia University Press.
Foucault, M. 2010. Birth of Biopolitics: Lectures at the Collège de France, 1978–1979,
translated by Graham Burchell. New York: Picador.
Gudavarthy, A. (ed.) 2012. Re-framing Democracy and Agency in India: Interrogating
Political Society. London: Anthem Press.
Harvey, D. 2003. The New Imperialism. London: Oxford University Press.
Laclau, E. 2005. On Populist Reason. London: Verso.
Luxemburg, R. 1951 (1913). The Accumulation of Capital. London: Routledge and Kegan
Paul.
Marx, K. 1990. Capital, vol. 1, part VIII, translated by Ben Fowkes. Harmondsworth:
Penguin.
National Commission for Enterprises in the Unorganised Sector (NCEUS). 2007.
“Report on Conditions of Work and Promotion of Livelihoods in the Unorganised
Sector.” Government of India, New Delhi.
Preobrazhensky, E. 1965. The New Economics. Oxford: Clarendon Press.
Sanyal, K. 2007. Rethinking Capitalist Development: Primitive Accumulation, Governmen-
tality and Post-colonial Capitalism. New Delhi and London: Routledge.
Stepan, A., Linz, J. J., and Yadav, Y. 2010. Crafting State-Nations: India and Other
Multinational Democracies. Baltimore, MD: Johns Hopkins University Press.
15
1
1.1 Introduction
17
The Land Question in India
18
State, Dispossession, and Capitalist Transition
One starting point for discussing land is the agrarian transition question,
which refers to a turning point when capitalist relations of production enter
the countryside providing the motor force for further capital accumulation
outside of agriculture. Land enters the transition discussion on account of
primitive accumulation, a Marxist take on the process by which precapitalist
peasants are separated from their land to make room for capitalist growth.1
Agrarian transition refers to “those changes in the countryside, in the relevant
economies, necessary to the overall development of capitalism and to its ultim-
ate dominance in a particular national social formation” (Byres 2002: 55).
Primitive accumulation by definition is “non-market” driven and often
equated with “extra-economic coercion” (Bernstein 2010: 27), which suggests
violence accompanying dispossession. This is considered integral to the
Marxist “origin” of capital, whose emergence creates free wage labor for capit-
alist industrialization as peasants become unhinged from their land (D’Costa
2014: 324). The process of primitive accumulation has varied temporally
and spatially (see Allen 1999; Mezzadra 2011) but it is viewed as necessary
for capitalist transformation, or alternatively, for socialist industrialization.
Yevgeni Preobrazhensky’s primitive “socialist” accumulation was pursued in
the former Soviet Union by collectivizing agriculture and generating economic
surplus for heavy industrialization (see Akram-Lodhi and Kay 2010: 19). Social-
ist or not, primitive accumulation in theory, experience, and practice entailed
the destruction of precapitalist (ergo noncapitalist) social and economic sys-
tems to generate initial capital, which would then be reproduced and expanded
19
The Land Question in India
on capitalist or socialist lines (see Saith 1985). In theory, the uprooted peasants
become wageworkers or the industrial proletariat, while agricultural product-
ivity rises as capitalist farmers introduce efficiency-enhancing production
methods, accumulate, and contribute to economic diversification. Under this
scenario, agrarian capitalists endogenously generate economic surplus, which
then drives the nonagricultural sector suggesting the historical necessity of
primitive accumulation in capitalist development.
Abstracting from this linear dynamic, Arthur Lewis (1954) suggested mech-
anisms, such as higher industrial wages to induce rural-to-urban migration, to
absorb surplus labor from the countryside in urban industrial activities and
thereby enhance agricultural productivity. Dynamic agriculture would then
fund industry, which would in turn accommodate the migrants leaving the
countryside. Efficient agriculture would keep prices of food low and thus hold
down urban wages that are marginally higher than rural wages to induce
migration. The ensuring rapid industrialization is expected to make a dent
in the dual structure of the economy, a common feature of postcolonial
societies. Furthermore, rising incomes in the countryside would become mar-
kets for industrial goods and the two sectors would positively reinforce each
other as savings were directed toward capital formation.
At a general level the broader Marxist historical dynamic for some places
and the Lewisian theoretical possibility of structural transformation of dual-
istic societies remain valid. However, both have three major shortcomings,
theoretical and empirical, when we apply the role of land in the classical
transition equation to contemporary postcolonial societies, and especially
India. First, there is the issue of temporality, which means the genesis of
capitalism from noncapitalist relations of production occurred at a particular
historical moment. Today it is essentially complete. If the rise of capitalism,
despite the precise dating problem, was in the long sixteenth century
(Wallerstein 1979), is it possible to speak of primitive accumulation in post-
colonial societies such as India in the twenty-first century, which has both
capitalist and noncapitalist forms of production organization for surplus
extraction? So, a basic question that requires addressing (other than the one
attributed to it in the classical transition question) is, what role does land have
in the accumulation process today? Is dispossession creating the space for
dynamic capital accumulation in the countryside and thus for the economy
as a whole in the future?
Second, the teleological narrative of capitalist logic in terms of the inevit-
ability of structural transformation is wanting (D’Costa 2014; Sanyal 2007).
For example, the persistence of a “subsistence economy” or the “need econ-
omy” in the milieu of a thriving and advanced capitalist sector belies the more
mechanistic forms of structural transformation. This “incomplete transition”
has raised doubts about the teleological underpinnings of the idea of
20
State, Dispossession, and Capitalist Transition
21
The Land Question in India
22
State, Dispossession, and Capitalist Transition
Table 1.1. Distribution of agricultural households by principal source of income during 365
days preceding the survey
Size class of land Cultivation Livestock Other agricultural Non-agricultural Wage/salaried Others
possessed (ha) activity enterprises employment
Table 1.2. Average monthly income from different sources, consumption expenditure and
net investment in productive assets per agricultural household for each size class of land
possessed (July 2012–June 2013)
Size class of Income Net receipt Net receipt Net receipt Total Total Net
land from from from from non- income consumption investment
possessed wages/ cultivation farming of farm (Rs.) expenditure in
(ha) salary (Rs.) animals business (Rs.) productive
(Rs.) (Rs.) (Rs.) assets (Rs.)
The fact that cultivation is not the principal source of income for an
overwhelming majority of the rural households does not necessarily mean
that they cannot earn a decent income from other sources. However, Table 1.2
shows a rather gloomy picture in this regard. Households belonging to the
bottom three landsize classes earned on average Rs. 4,561, Rs. 4,152, and
Rs. 5,247 respectively, per month in 2012–13. How good are these incomes?
For 2011–12, the Planning Commission pegged the national poverty line at
Rs. 816 per capita per month for rural areas, which means that a family of five
would need at least need Rs. 4,080 to be considered not poor. In other words,
the income that an agricultural household possessing less than one hectare of
land would earn from all sources taken together would on average be slightly
above the poverty line income. Furthermore, they are most likely to be all net
dis-savers because their consumption expenditure would typically exceed
23
The Land Question in India
income (Table 1.2). The precariousness of life in the rural areas is evident from
above. What is striking is that even possession of land up to 0.4 hectare (one
acre) does not make it better.
As is evident from the recent survey data, Indian agriculture is not dynamic
in the capitalist sense. It does not generate a massive surplus for the rest of the
economy. Furthermore, this rural stalemate is reproduced and reinforced by
income from nonagricultural sectors. Several scholars have already posited
(and we believe correctly, though others such as Banerjee, in Chapter 4 this
volume, have a different perspective) that the “agrarian question has been
bypassed” (Bernstein 1996, 2010; Lerche 2013; see also Dasgupta, Chapter 10
this volume).In fact, to a great degree, Indian agriculture as a whole is
dependent on state subsidies rather than being a source of economic surplus.
Not surprisingly, powerful rural social classes remain the principal beneficiar-
ies. Others have argued that both the bypassing of agriculture as a source of
economic surplus and the weakening of agriculture–industry linkages are due
to India’s insertion in the global circuits of capital since the 1980s (Harriss
2013: 359; Lerche 2013: 391). The paradox is that the weak links between
industry and agriculture have been more than matched by stronger links
between industry and the Indian services sector (Chandrasekhar 2007),
thereby precluding the more classic variant of capitalist economic dynamics.5
The net result of the lack of agricultural dynamism has been the freezing of
social differentiation and polarization of peasants in the form of household
subsistence farming. This has been reproduced through precarious forms of
employment and reinforced by (remittance) income from nonagricultural
employment (Harriss 2013: 358, 363). The inevitable consequence has been
the decreasing significance of Indian agriculture (Figure 1.1). From 54 percent
of GDP in 1950 1, the share of agriculture fell to 38 percent by 1980 1,
which further declined to 16 percent in 2011 12.
This decline is consistent with the broader capitalist development in India
outside of agriculture, namely relatively faster growth and expansion of non-
agricultural sectors. It also reflects slow productivity growth in agriculture and
thus the absence of the classic dynamism of rising productivity (and profit-
ability) necessary for an agrarian transition. The continued reliance of a large
fraction of the Indian population on agriculture is visible in Table 1.1. For
example, soon after the economic reforms of 1991, agricultural employment
in 1993–4 stood at a high of 65 percent of total employment. However,
by 2011 12 the share of agricultural workers to total workers dropped to
50 percent (Table 1.3). This decline could be used to argue that agriculture is
dynamic since fewer people are now engaged in agriculture, which presum-
ably means higher productivity. While that may be the case in a few places
and during certain years, the empirical reality suggests otherwise. Indian
agricultural growth as a whole has fluctuated greatly, as evident by indices of
24
State, Dispossession, and Capitalist Transition
70
60
50
40
30
20
10
0
1950–1
1952–3
1954–5
1956–7
1958–9
1960–1
1962–3
1964–5
1966–7
1968–9
1970–1
1972–3
1974–5
1976–7
1978–9
1980–1
1982–3
1984–5
1986–7
1988–9
1990–1
1992–3
1994–5
1996–7
1998–9
2000–1
2002–3
2004–5
2006–7
2008–9
2010–11
Agriculture, etc. Manufacturing, etc. Services F, I, R, BS
Figure 1.1. Decline of agriculture and the changing composition of the Indian econ-
omy (% of GDP)
Notes: “etc.” includes other subsectors in each of the primary, secondary, and tertiary sectors.
F = Finance, I = Insurance, R = Retail, and BS = Business Services.
Source: Government of India, Ministry of Finance (various issues), Economic Survey; available at:
<http://indiabudget.nic.in/survey.asp> (accessed September 14, 2016).
Notes: Until 2004–5, the absolute number of workers in agriculture in the country as a whole steadily increased, even
though agriculture’s share in total workers declined throughout the period from 1993–4 to 2011–12.
Source: From National Sample Survey (NSS) rounds 1993–4 to 2011–12
25
The Land Question in India
26
State, Dispossession, and Capitalist Transition
The centrality of land in contemporary Indian society and polity can hardly be
exaggerated. As the land issue frequently overwhelms the popular discourse
due to the development–dispossession dynamic, we must step back from the
heat and tumble of the short run and take a hard look at the larger picture of
how land fits into contemporary Indian political economy from alternative
analytical perspectives. This volume, as the previous section indicated, goes
beyond the political economy paradigm that centers on the structural
27
The Land Question in India
28
State, Dispossession, and Capitalist Transition
becomes like any other product. However, far from the invisible workings of
the market through the price system, there is also institutional intervention,
namely, by the state, which acts as an owner, intermediary, buyer, and dis-
tributor all rolled into one in the emerging land markets in contemporary
India. It is not the market supplanting the state but the state becoming more
business friendly (Sud 2014). The analytical as well as the actual economic,
political, and legal implications of this transformation are manifold. For the
purposes of this volume, we identify three overlapping areas in which the role
of the state is revealed in its many forms when engaging with the land
question. The first is state intervention in land for development, the second
is the intensification of conflicts over land today, and the third is the dual
contradictory role of the Indian state that gives as part of its liberal-democratic
responsibilities and takes as part of its aggressive pursuit of development on
behalf of dominant classes.
First and foremost, India, as a late entrant to industrialization, has had an
interventionist state. Since independence it has tried transforming the econ-
omy through planning, public investment, and detailed economic manage-
ment and social development. While heavy industry under infant industry
protection received substantial state attention, agriculture with some excep-
tions was largely neglected. A few local states such as West Bengal and Kerala
introduced land reforms aimed at both economic development and social
justice but the reforms failed to induce the classical transition dynamic
(Dasgupta, Chapter 10 this volume). Some states such as Punjab and Haryana
experienced a green revolution that contributed to an agrarian transition of
sorts. Overall, Indian agriculture remained structurally underdeveloped. The
Indian state, however, remained developmentalist, at least in intent if not in
outcomes. With economic reforms that started in the 1980s and accelerated
since 1991, the state has been withdrawing from the market and facilitating
more intense working of the market (see Walker 2008). It is in this context that
land takes on a different role, namely, it becomes a commodity and the role of
the state is substantial because it wants to facilitate development by making
land available for a variety of nonagricultural purposes.
Economic development remains an aspiration in India and as Marx, with
reference to India opined in a different context, advanced capitalist countries
are a mirror image of India’s future (in Larrain 1989: 47). The future, as
imagined by the state and expected by the society, is the transformation of
the material basis of the country. Development promises jobs, fewer everyday
struggles from rising incomes, better health, and all the modern trappings of
consumption. Capitalism as an economic system has excelled in its ability to
produce but on the consumption side has been less successful. In fact, the idea
of development is so ingrained institutionally and in the psyche of people that
it is impossible to separate development from the Indian state, despite the
29
The Land Question in India
actual functioning of and results achieved by the state. The idea of develop-
ment is further reinforced by multilateral and national organizations such as
the World Bank and the former Planning Commission. In the absence of
agrarian transition, development has been increasingly funneled through
nonagricultural activities such as urban development, industrialization, and
modern infrastructure. It is here that land comes to the fore and the state is
directly involved in ensuring that land can be transacted in the market,
secured, and made available for profit-based economic activities by private
capital. These uses include SEZs, infrastructure, real estate, mining, and manu-
facturing. Such private accumulation is equated with development, especially
when India’s economic growth rate has been halting and the jobs outlook
remains bleak for the millions of its youth. One might add that land transac-
tions are never a one-way process; rather, multiple actors impinge on the
process, including the owners of the land who could very well be willing
sellers provided the price is right.
Second, by addressing why conflicts around land have intensified the role of
the state is revealed. After all, both in pre-independent and post-independent
India, both the private sector and the Indian state did usurp land for public
and private purposes, for dams, roads, steel mills, and other infrastructural
projects (see Raianu, Chapter 11 this volume). There was also popular resist-
ance in the past where people were dispossessed and displaced but then the
state using its power of eminent domain could get away with it easily. Today,
however, it is a different matter; “public purpose” of the state has taken on
“private benefit” and is rationalized with economic development arguments
(Pal, Chapter 6 this volume). Land disputes have arisen today principally
because of increasing commodification of land that has been responsible for
the recent surge in land-related conflicts. The uncertainty associated with the
sale of land, and in most cases loss of livelihoods, and the asymmetry of price
information between eager buyers and reluctant sellers contribute, often vio-
lently, to the contestation among the different players. This occurs when
transactions are not transparent, titling is unclear, laws and regulations gov-
erning land acquisitions are poorly designed or do not adequately recognize
community rights of common property, evictions are coerced, land is under-
valued, and when livelihoods are seriously at stake. Consequently, many
large-scale industrial and infrastructural projects in recent years have been
held up and in some instances cancelled outright.
The consequences of converting land to a commodity are many as dispos-
session and displacement are integral to this process. However, the use of the
term “commodity” to characterize land at the present juncture is still conten-
tious. A commodity is typically bought and sold in the market at a price
determined by the interaction of supply and demand. But the heavy presence
of the Indian state in acquiring land from the peasants and landowners in
30
State, Dispossession, and Capitalist Transition
31
The Land Question in India
32
State, Dispossession, and Capitalist Transition
uneven capitalist development and differential links with the world economy.
The greater Bangalore area is a good example of globally influenced real estate
prices, driven by the export-oriented information technology (IT) industry.
The intensity of conflicts over land acquisition is more severe today partly
because of the frequency and scale of dispossession but also because of better
knowledge of land prices due to the spread of information (Chakravorty
2013). This makes the conflicts double sided, in that not all farmers are
unwilling sellers since prices are moving up and they prefer to sell at even
higher rates. Consequently, it becomes difficult to settle at a reasonable
market-clearing price acceptable to both transacting partners. As one study
of special economic zones shows, people likely to be displaced were willing to
sell land, provided the price was “right” (Cross 2014). This also suggests that
land transactions are not just a matter of unwilling sellers hijacking develop-
ment projects but rather the inability to arrive at mutually agreeable prices
and the non-availability of alternative livelihood options.
The third area is the contradictory role of the Indian state that both gives to
the people and takes away from them. Thus far we have presented the inter-
mediary role of the state in acquiring land for development purposes. The
Indian state, however, is also subject to India’s democratic practices and the
electoral significance of people that often bear the brunt of land disputes.
Today the rights of those who might be dispossessed and displaced are recog-
nized and they are protected through the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR)
Act, 2013. The Act was introduced by the United Progressive Alliance of the
Congress Party, which pursued various “rights-based” legislations. This
“rights-based” act, consistent with others such as Forest Rights, NREGA, and
Education (Jenkins 2013: 608) has replaced the colonial Land Acquisition Act
of 1894, which effectively allowed the government to acquire any privately
owned land for “public purpose” in exchange for a fixed compensation.
Interestingly, the LARR was up for revision under the new pro-business gov-
ernment elected in 2014, which was determined to make land acquisition less
cumbersome. However, lacking a majority in the upper house, the ruling
Bharatiya Janata Party (BJP) could not muster sufficient support to alter the
2013 LARR Act, indicating a strong sentiment against land acquisition with-
out fair rehabilitation and resettlement.
The conflicts are as much about land prices as they are about compensation,
which in a dynamic environment can fluctuate based on structural and
electoral power. The National Democratic Alliance today under the BJP is
exploring ways to alter the act to facilitate business investments and induce
higher economic growth rates. However, the resistance offered by farmer and
peasant groups has been strong enough for the government to take a softer
“pro-farmer” position. The question is how much the state will give if the act is
33
The Land Question in India
diluted against farmers and what might be the legal and livelihood implica-
tions for the dispossessed.
The vacillation on the part of the state arises for both political expediency as
well as civil rights action based on democratic aspirations and practices.
Acquiring land for development without politically negotiating “price” and
“rehabilitation” of the displaced is fraught with conflicts, which the Indian
state has learned the hard way. It is also evident that capitalist accumulation
proper can be slowed down or deferred as resistance to land acquisition
intensifies, a small space afforded to India’s “political society” (Chatterjee
2008). The agrarian crisis and farmer suicides that plague India cannot be
ignored by any government that is elected but if dispossession and displace-
ment without adequate rehabilitation and resettlement goes unaddressed,
land acquisition will be stymied. As it is now evident, investments in large
nonagricultural projects necessarily require land and the acquisition of land
has become a critical bottleneck to seeing these projects through. In addition
to sources of conflict mentioned above, the difficulty in aggregating frag-
mented landholdings into larger holdings contributes to the complexity of
the acquisition process even if land has increasingly become a commodity to
be bought and sold in the market where mutually agreed upon prices have a
significant bearing in clearing markets. However, as it was also indicated, these
are imperfect markets because of the various institutions governing and
impeding land transactions. Resistance to ill-functioning markets is a political
process as well as a result of institutional responses to the inherent tension
between the goals of capitalist expansion outside of agriculture and a demo-
cratic polity. The broader question for future research is not just the trajectory
of Indian capitalism, where land is either taken away or protected on a large
scale, but how land disputes are to be settled while not giving up the quest for
capitalist economic development.
There are fourteen chapters in this book, sandwiched between a Prelude and a
Postscript to the land question. In all the chapters, the land question is viewed
with reference to the property rights regime, its connection with the structure
of accumulation, and the role of the Indian state in shaping development
through the land acquisition process. These chapters reveal the conflict-
ridden dynamics among chief stakeholders such as the owners and buyers of
land, the various private intermediaries, and the state. Aside from theoretically
analyzing the role of land today in India’s capitalist development and social
transformation, these chapters also address how conflicts arising from land
acquisition are negotiated, resolved, or left unresolved. Furthermore, these
34
State, Dispossession, and Capitalist Transition
chapters theoretically and empirically discuss the role of legal and policy
interventions on acquisitions and thus the differential impact on dominant
and marginalized groups, the stand of the state on the issues of land and
livelihood rights for those displaced through acquisition, and how they con-
flict with alternative interpretations of rights and practices.
The chapters are divided into three groups. The first two groups comprise
mostly theoretical chapters and provide a grand narrative of the land question
in contemporary India. They cover primitive and contemporary accumulation
and legal–institutional dimensions of “regimes of dispossession.” The third
group of six chapters is informed by different theoretical and historical under-
standing and provides a variety of regional empirical perspectives on the
contemporary land question in India. Similar to the theoretical positions taken
in several chapters, the empirical chapters go beyond the transition question
to include new forms of socioeconomic dynamics and political responses to
the pressures of accumulation, dispossession, and loss of livelihoods.
35
The Land Question in India
for private capital, is arguably less “developmental” than its Nehruvian pre-
decessor. The upshot is that India’s “land wars” are unlikely to dissipate any
time soon, and the “land question” may be the largest contradiction for
Indian capitalism for the foreseeable future.
Shapan Adnan (Chapter 3), takes a different theoretical approach, in which
the mechanisms of primitive accumulation or accumulation by dispossession
(ABD) are not restricted to the use of force, but also include land transfer by
agreement, as well as indirect mechanisms that are concerned with very
different objectives. Analyzing evidence on land alienation, resistance, and
workforce trends, Adnan shows that the outcomes of primitive accumulation
in India under neoliberal globalization do not accord fully with the classic
Marxian schema of transition to capitalism. Critical assessment of trends in
employment status over 1999–2012 indicates that the self-employed
accounted for at least half of the Indian workforce, whereas workers in regular
wage employment remained restricted to 20 percent or less. These trends
suggest that primitive accumulation in neoliberal India has not been substan-
tially followed by the absorption of the dispossessed in regular capitalist
employment. Adnan puts forward three hypotheses to explain these trends
based upon: (i) inability of the formal and the informal capitalist sector to
generate adequate incremental employment; (ii) limited options of survival
other than self-employment for dispossessed groups, particularly given the
predominance of unproductive capital and precapitalist rent extraction over
productive capital; and (iii) the ability of such groups to shift to forms of
“distress employment” under worsening economic conditions. Moreover,
the parallel trend of Indian migrant workers finding wage employment in
the international labor market suggests that the prospect of the transition to
capitalism in India remains an open question.
If the historical role of the peasantry is reduced to simply abdicating claims
on land and other natural resources for the purpose of industrialization, then
“should one categorize peasant resistance to land acquisitions as a Luddite,
anti-progressive, anti-capitalist position?” This is the central question raised
by Arindam Banerjee (Chapter 4). This is important since the official stance
against farmers’ resistance to land acquisition seems to be an affirmative
answer to this question, which has been forcefully asserted by the mainstream
media in India. Banerjee critically interrogates the historical trajectories of
capitalism and the resolution of the agrarian question therein. The paths
of early capitalist development are not possible to replicate in developing
countries, more so under contemporary globalization. However, far from the
agrarian question being “dead” for these countries, it is all the more relevant
within a complex of neoliberal exploitation of developing world peasantry.
The chapter studies the patterns of accumulation under neoliberalism in
Indian agriculture based on primary and secondary data. The accumulation
36
State, Dispossession, and Capitalist Transition
process under agrarian crisis in India illustrates the new delineations within
the peasantry and possible alliances against neoliberalism. This chapter links
the agrarian question with that of land and draws insights on the different
streams of growing resistance to land acquisition in recent times.
37
The Land Question in India
society. She concludes that using Michelman’s standard would help in bring-
ing about greater “fairness” than what the new legislation has achieved.
A series of legislative actions like the Panchayats (Extension to Scheduled
Areas) Act, 1996 (PESA) and the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) have been passed to
institutionalize adivasi (tribal communities) autonomy and recognize their
customary and community rights over natural resources. However, these
have not protected the adivasis from the risks of dispossession as the state
can still take away land and natural resources for private capital. This contra-
diction between the “giving” state and the “grabbing” state in the particular
social setting of adivasis’ customary rights over the forest lands has been dealt
with by Rajesh Bhattacharya, Snehashish Bhattacharya, and Kaveri Gill
(Chapter 7). They argue that a series of legislations enacted by the state
granting autonomy to tribal communities over land have facilitated access
to natural resources by capital. These acts are often celebrated as a victory for
such struggles, leading to a circumscription of the ability of capital to access
natural resources at will. In Chapter 7, Bhattacharya, Bhattacharya, and Gill,
however, argue that such politico-juridical interventions may also point to the
emergence of a more protean neoliberal governance structure. Given the
ambiguous character of land as a commodity, particularly adivasi land that
refuses to be encompassed by the logic of the market, the more protean
neoliberal order may seek to instrumentally use these legislative acts to clearly
define property rights over resources, which can then form the basis of nego-
tiations with the adivasi communities over land for the benefit of capital.
38
State, Dispossession, and Capitalist Transition
process. The role that the states of the Indian federation play is particularly
important in this context since agriculture as well as land are constitutionally
(local) “state subjects.”
The increase in noncultivating rural households owning land may be a
common phenomenon all over rural India, based on primary data collected
from nine villages in Andhra Pradesh. Vijay analyzes this phenomenon
(Chapter 8). These households continue to exert influence on the land and
land-lease markets and shape the production structure of agriculture. These
households are noncultivators as they themselves do not cultivate the land
but are peasants to the extent that they are moving away from cultivating
practices to nonfarm activities without completely breaking from the peasant
origin by holding on to the land. On the other hand, in the prosperous coastal
areas of Andhra Pradesh, the evolving rural economic structure is witnessing
the emergence of a new class of landlords. They own land but do not cultivate
the land themselves and derive a ground rent by leasing land out. Unlike the
earlier landlords who were from “landlord families” and owned large tracts of
land, these new landlords could be erstwhile cultivators who have diversified
out of agriculture but continue their interest in land. As Vijay shows in
Chapter 8, these households do not sell their land either because of increasing
land prices or rental income earned from such land. Thus a revival of absentee
landlords of a different kind and a revival of tenancy are apparent in some of
these areas, implying a departure from the classic transition dynamic.
These village-level changes need to be juxtaposed with the widespread
phenomenon of petty commodity production that gives rise to the paradox-
ical phenomenon of weak livelihood sustainability of the households in the
rural areas. Based on field data, Ramana Murthy’s analysis (Chapter 9) points
to self-exploitation by small and marginal farmers, suggesting that the reso-
lution to the agrarian question no longer seems necessary for capitalism.
Similar to Vijay’s findings, Ramana Murthy shows that there are indications
that the owners of land are leaving the production space to petty commodity
producers through tenancy. However, unlike the findings in the previous
chapter Ramana Murthy shows that owners also sell their land to become
suppliers of various agricultural and nonagricultural inputs and earn interest,
rents, and quasi-rents. This chapter shows that this petty commodity produ-
cing class and the area operated by them is increasing, in spite of the fact that
their agriculture is essentially unviable. Farmer suicides reflect the distress
faced by this class. However, this chapter also shows that this class survives
through various strategies, including considerable diversification away from
their dependence on farming. As a result, land becomes no longer central to
their survival, while the postcolonial state manages their desperate condition
through welfare transfers. This chapter provides evidence for the changing
profile of rural farm households, landholding structure, farm and non-farm
39
The Land Question in India
incomes of rural farm households, and welfare transfers. The changing port-
folio of rural incomes brings out the shifts in dependence on agriculture for
the rural households and their implications for the land question.
A comparative perspective sometimes may be more illuminating if the
entities to be compared are chosen based on strong similarities. The two
Indian states of Kerala and West Bengal have apparent commonalities as
both have tried to radically change their agrarian institutions, although
there are important differences in the specific methods of intervention and
their implementation. Anirban Dasgupta (Chapter 10) revisits the experience
of land reforms in Kerala and West Bengal to provide a comparative analysis of
the impact of left reformism on the nature of capital accumulation in these
two states. The chapter builds on a conceptual framework combining a
contemporary Marxist reading of the agrarian question and the theoretical
justification of land reforms from a developmentalist perspective. The analysis
in the chapter shows that land reforms were not able to generate a process of
inclusive industrial development in either state. While the reform programs of
leftist governments in these two states were not driven by a clear development
agenda, fundamental changes in agrarian relations brought about by success-
ful implementation of land reforms had potential to kick-start a process of
inclusive industrial development. The analysis in this chapter demonstrates
that this did not happen in either case. In Kerala, land reforms did not
revitalize agricultural production primarily because of a powerful trade
union movement leading to overpricing of labor and resistance to techno-
logical upgrading. With the absence of surplus generation in agriculture, the
intersectoral linkages for industrial growth could not be operationalized. In
contrast, West Bengal witnessed a significant increase in agricultural product-
ivity at the initial stages of land reform implementation but a variety of
institutional factors prevented the transmission of this success to the overall
economy including the manufacturing sector. Dasgupta interprets the experi-
ence of the two states as a disarticulation of the accumulation problematic of
the agrarian question in the sense that agriculture was not able to contribute
toward capital accumulation and therefore long-term industrial development
in spite of major interventions in land tenure relations.
To return to the regional perspectives on regimes of dispossession the two
case studies across time and space show interesting contrasts. Mircea Raianu
(Chapter 11) goes back to the colonial period, and examines patterns of land
acquisition in the establishment of two enterprises that would obtain the
status of proto-national industries before independence in 1947: the Tata
hydroelectric power companies in the Western Ghats, and the Tata Iron and
Steel Company at Jamshedpur. Adopting a comparative regional perspective,
he shows how the legal instruments of dispossession varied according to the
distribution of power. He argues that the entry of Indian capital in the
40
State, Dispossession, and Capitalist Transition
industrial sector in the early twentieth century made possible two seemingly
contradictory but mutually constitutive trends: the legal designation of pri-
vate capital as capable of fulfilling a “public purpose,” and the increasingly
direct involvement of the state in resource capture and management for the
purpose of industrial development. The chapter uncovers the origins of key
aspects of the “land question” in India, including the predominance of
domestic over foreign capital, the enabling role of the state, and the persist-
ence of surplus labor, dimensions that are also present today in postcolonial
India.
The ethnographic account of land acquisition in Medinipur district of West
Bengal presented by Abhijit Guha (Chapter 12) shows how the administrative
wing of the (local) state rationalizes acquisition of land for private interests
and how the state has dealt with the feeble voices of protest. The irony is that
the West Bengal government has been by and large pro-peasant and yet sided
with industrial capitalists to foster economic development and manufacturing
employment in the state. The chapter is written in a reflexive personal narra-
tive form in which the author travels in time and space juxtaposing his direct
fieldwork experiences and encounters around land acquisition with archival
data collected from the land acquisition files in the department and the
assembly proceedings. The chapter reveals a clear mismatch in the behavioral
pattern between the actual cultivators of land and the policymakers and
executers of land acquisition operating under market forces. The transition
from a land-based rural economy towards an industrial regime was not
smooth. It was characterized by protest, resistance, and bargaining by the
peasants. There was also government and corporate failure, since the official
claims of industrial development and employment were not met during the
transition. These episodes finally led to a stalemate in the transition from
agriculture to industry in particular rural areas of West Bengal.
The hill areas of Northeast India provide a substantially different context for
the land question. The sixth regional case, presented by Gorky Chakraborty
and Asok Kumar Ray (Chapter 13), discusses the state’s role in changing
property right institutions in the hills of the Northeastern states. The authors
examine the appropriation of community land and subsequent dispossession
of the tribes embedded in the social economy of the hills of Northeast India.
They point out that the historico-epistemological hiatus between the custom-
ary law-abiding tribes vis-à-vis positive law imposed by the state is fundamen-
tal to understand the difference between the two contrasting interpretations
of property rights enacted in the highlands of the region. Traditionally, shift-
ing cultivation was the main system of agricultural production in this region,
which was not for surplus generation, unlike the mode prevalent in the
wet-field-dominated plains. Shifting cultivation was discouraged by both
the colonial and postcolonial state. Thus the policy shift toward settled
41
The Land Question in India
Notes
42
State, Dispossession, and Capitalist Transition
References
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India,” Journal of Agrarian Change, 11(4): 454–83.
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Manchester School of Economic and Social Studies, 22(May): 139–91.
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Li, T. M. 2011. “Centering Labor in the Land Grab Debate,” Journal of Peasant Studies, 38
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45
Part I
Primitive and Contemporary
Accumulation
2
Michael Levien
2.1 Introduction
these “roadblocks” was the goal of a historic revision of India’s Land Acquisition
Act (LAA) in 2013 and a top priority of the Bharatiya Janata Party (BJP) govern-
ment that assumed power in 2014. The Indian state remains caught, however,
between the land requirements of capitalist growth and the political compul-
sions of electoral democracy; whether, how, and for whom this contradiction
gets resolved constitutes India’s “new” land question.
Like the other contributions to this volume, this chapter seeks to under-
stand this conjuncture. It suggests that doing so requires theoretical recon-
struction and comparative historical perspective. It argues that existing
theoretical perspectives, whether Marx’s primitive accumulation or Harvey’s
accumulation by dispossession, are not adequate for understanding the rela-
tionship between land dispossession and capitalism—in India or elsewhere.
They are inadequate because they do not help us understand how disposses-
sion changes over time and space, and they do not illuminate the politics of
dispossession. While building on this theoretical tradition, I advance the
concept of “regimes of dispossession” as an alternative way of understanding
the relationship between land dispossession and capitalism. Dispatching with
the obfuscating assumption that dispossession is a “necessary” cost of devel-
opment or stage in the development of capitalism, I argue that dispossession is
fundamentally a social relation of coercive redistribution. While this relation-
ship exists in probably all social formations, it is driven by different forms of
accumulation and class interests under different historical phases of capital-
ism. We can thus think of dispossession as being organized into socially
and historically specific regimes. Under different regimes of dispossession,
states seek to redistribute resources to different classes (or class fractions) for
different economic purposes. Given these purposes and interests, regimes of
dispossession have different combinations of means—force, legitimacy, and
material concessions—available for making people comply with their dispos-
session. The concept of “regimes of dispossession” is useful, I argue, for two
reasons. First, it helps us to compare and thus critically interrogate the specific
economic purposes that states, at any given time, seek to legitimize as “devel-
opment.” Second, it helps us to understand the conditions under which
dispossession is most likely to encounter noncompliance and be effectively
stopped. Regimes of dispossession thus provide the basis for a political
economy of dispossession without the assumptions of economic progress or
political inevitability.
Applying this concept to land dispossession in post-independence India,
I argue that beginning in the early 1990s, India shifted from a regime that
dispossessed land for state-led projects of industrial and agricultural trans-
formation (the production of commodities) to one that dispossesses land for
private and decreasingly productive investments (the commodification of
land itself). This radical transformation of Indian states into land brokers for
50
Theses on India’s Land Question
private capital is entirely missed by economists who insist that today’s land
grabs are a necessary cost of “development” (Banerjee et al. 2007; Bardhan
2011; Chakravorty 2013) as well as those theorists who see them as part of
India’s passage through the (presumably inevitable) stage of “primitive accu-
mulation” (Chatterjee 2008). Both formulations naturalize dispossession by
turning contemporary forms of “class robbery” (Thompson 1963: 218) into
historical necessity.1 The land grabs of the neoliberal period do not represent
simply more “development-induced displacement” or the inexorable march
of “primitive accumulation,” but rather the emergence of a new regime of
redistributing landed wealth upwards. This new regime of dispossessing land
for increasingly financialized private purposes is arguably less “developmen-
tal” than its Nehruvian predecessor. It is certainly far more politically tenuous.
Its continuance depends on the Indian state’s questionable ability to substi-
tute land prices for nationalist legitimacy.
While the concept is much beloved and applied generously to land grabs and
many other social phenomena that smell of theft and fraud, it is time to
recognize that so-called “primitive accumulation” obscures more than it illu-
minates about contemporary forms of land dispossession. In the final chapters
of Volume 1 of Capital, Marx advanced the concept to explain how the origins
of capitalist social relations lay in “the historical process of divorcing the
producer from the means of production” (1977: 875). Basing his analysis partly
on the English enclosures, Marx argued that the bloody and violent process
of expelling peasants from the land generated the preconditions for capitalism by
effecting the “two transformations, whereby the social means of subsistence
and production are turned into capital, and the immediate producers are turned
into wage-laborers” (Marx 1977: 875). In a process stretching over several cen-
turies and culminating in the Parliamentary Enclosures Acts of the eighteenth
century, the English common lands (along with state and church lands) were
turned into sheep walks and capitalist farms while commoners were turned into
a proletariat. Mocking Adam Smith’s “idyllic” fairy tale of capitalism’s origins,
Marx observes that capital came into the world “dripping from head to toe, from
every pore, with blood and dirt” (1977: 926).
51
The Land Question in India
52
Theses on India’s Land Question
“market dependence” that signaled the rise of capitalist social relations in the
countryside (Brenner 2001; Wood 2002), raising the question of whether
coercive land expropriation is necessarily a part of primitive accumulation.
Decades of research on the “agrarian question” outside of England demon-
strated that the widespread enclosure of land constitutes only one historically
specific pathway to capitalist development (Byres 1991). Primitive accumula-
tion, consequently, came to mean one of two things. First, it could refer to any
process that proletarianized peasants and forged a class of agrarian capitalists.
This often proceeded not through wholesale eviction from land but through a
gradual process of class differentiation (Adnan 1985: 57; Kautsky 1988: 17;
Lenin 1967). Economic processes like debt came to be seen as equally effective
levers of primitive accumulation as the extra-economic enclosure of land
(Bhaduri 1983). Second, primitive accumulation could refer to the general
process of diverting agricultural surpluses for capitalist industrialization
(Byres 1991: 11). In this usage, primitive accumulation did not necessarily
mean establishing capitalist social relations, but transferring surpluses from
agriculture to industry.5 Such primitive accumulation was seen as a necessary
condition for economic growth in all “backward” countries, including social-
ist ones (Byres 1991: 11; Ka and Selden 1986; Preobrazhensky 1965).6
The vast research on the origins of capitalism and agrarian transitions in
Europe and the Global South has thus amplified the original ambiguities in
Marx’s concept of primitive accumulation. It is no longer clear if primitive
accumulation refers to the dispossession of land through extra-economic
means, to any process that generates the preconditions of capitalism, or
even to any process that provides surpluses for industrialization. My purpose
here is not to question the utility of primitive accumulation for understanding
transitions to capitalism,7 but to simply point out that it is not adequate for
explaining the persistence of land dispossession and the various forms it
assumes within capitalism. Agrarian transitions and land grabs for capitalist
development are distinct phenomena in need of different concepts.
Today’s dispossessions cannot be understood in the old functional sense of
creating the preconditions for capitalism: dispossessing farmers for special
economic zones (SEZs) or factories or mines does not necessarily inaugurate
capitalist social relations (which often already exist) and it does not mark
transitions between modes of production. Dispossessions today often
have little to do with agriculture and are not about resolving the “agrarian
question.” They involve dispossessing land—sometimes already held within
capitalist social relations—for nonagricultural development and are thus
entirely orthogonal to the slow and uneven development of capitalist agricul-
ture. They are, moreover, geared toward capitalizing land with little regard for
what happens to the dispossessed farmer whose labor power is largely super-
fluous (both to specific projects and to accumulation as a whole). They reflect
53
The Land Question in India
not an early stage of capitalism but advanced capitalist demands on land and
natural resources. They take a myriad of sector-specific forms—whether dams,
highways, mines, steel plants, SEZs, or housing—that do not resemble the
“classic” pattern of the enclosures. They must be understood within a new
problematic: not what is the role of land dispossession in transitions to
capitalism, but what is the role of land dispossession within capitalism? This
requires, I suggest, shifting attention from the transition between modes of
production to variation in regimes of dispossession within the capitalist mode
of production. Before developing this framework, however, we must turn to
the strengths and limitations of Harvey’s more recent formulation of “accu-
mulation by dispossession.”
54
Theses on India’s Land Question
55
The Land Question in India
land for public sector industry and infrastructure; and the neoliberal state
dispossesses land for all forms of private accumulation including real estate.
Looking across countries, dispossession in India and China today is predom-
inantly driven by urban–industrial purposes,9 while in Africa and Latin
America it is largely for agricultural plantations. Harvey’s concept offers little
basis for understanding this variation. While it may be true, as he argues, that
the quantity of dispossession is increasing with the institution of neoliberal
economic policies, it is unclear and probably impossible to show that over-
accumulated capital in the Global North is the cause (much of the capital for
India’s SEZs, for example, has come from India itself).10 More fundamentally,
what we must understand—and what Harvey overlooks—is how and why
states restructure themselves to dispossess land for different purposes and
different classes in different periods.
One must also explain how states succeed in dispossessing people of their
land for any given set of purposes and what accounts for variation in this
success. The transparent use of state coercion to dispossess land creates an
immediate antagonism between the would-be dispossessed and the state.
Unable to rely on the mystification common to the exploitation of labor
under capitalism, states must justify land dispossession with ideological
claims to be serving “a public purpose” or the “national interest”; in the past
century, they have typically done this through the language of “develop-
ment.” The persuasiveness of these claims rests considerably on whether the
economic purpose driving dispossession can be aligned with a widely accepted
concept of national development. Where ideological justifications and/or
material compensations prove inadequate and resistance emerges, the ability
of the state to dispossess is decided by the balance of political forces.
With accumulation by dispossession, then, the state, politics, and ideology
are—as Perry Anderson argues for precapitalist modes of production (1974:
403–4)—internal and constitutive features of accumulation itself. This is the
very significant implication of the fact that extra-economic coercion, which is
thought to subside with the transition to capitalism, is an intrinsic and
ongoing aspect of accumulation under advanced capitalism. It means that
the character and outcome of dispossession in different times and places will
be shaped by heterogeneous and nationally specific political, economic, and
ideological factors that cannot be read off of global imperatives of capital.
Their specific configuration in any given place and time can be understood as
a regime of dispossession.
When owners of the means of coercion consistently dispossess land for par-
ticular classes for a fairly coherent range of purposes, we can call this a regime
56
Theses on India’s Land Question
57
The Land Question in India
three basic means available for doing this: coercion, material compensation,
and normative persuasion (e.g., legitimacy). All regimes of dispossession rely
to some degree on the actual or threatened use of force. When a state notifies
farmers that it seeks to acquire their land, the potential use of violence backs
this intent; regardless of any compensation that might be offered, unless
farmers have the right to refuse, land acquisition is fundamentally coercive.
If farmers do ultimately refuse to vacate their land, the threat of coercion
becomes actual violence. Given its political costs, however, states typically
hope to economize on violence and rely on other means. Regimes of dispos-
session vary in the extent to which they must rely completely on coercion or
can additionally draw on normative and material inducements to separate
people from their land.
States almost always find it necessary to justify their use of coercive power to
redistribute property. This is not simply the case in liberal democracies; even if
they can use relatively more coercion, authoritarian governments still typic-
ally feel compelled to justify dispossession as serving the public or national
interest (as we see in China today). A major determinant of the success and
stability of a regime of dispossession is the extent to which its appeals to the
public interest are convincing to the dispossessed and to would-be supporters.
This hinges crucially on the economic purposes justifying dispossession and
their anticipated beneficiaries.
The other basis for compliance is appealing to the material interests of
the dispossessed. While there were scant incentives for English peasants to
relinquish the commons—they were driven off without compensation and
transformed into a destitute proletariat—most contemporary societies require
that those forcibly dispossessed of their private property be given some form
of compensation. States sometimes base this compensation on an assessment
of a property’s “fair market value” (though determining this in the absence of a
voluntary transaction poses a problem), and, in recent decades, they have
sometimes augmented this compensation with explicit policies for the
“resettlement and rehabilitation” of the dispossessed. While historically such
concessions have been meager, states almost always make some sort of material
promises to the dispossessed, trying to convince them that they will be given
some stake in the “development” that their dispossession makes possible. Both
the types of promises made—irrigated land, jobs, real estate values, and so on—
and the ability of states to deliver on these promises depend crucially on the
particular kind of accumulation that is driving dispossession.
Different regimes of dispossession are thus able to offer different kinds and
degrees of incentives to get farmers to comply with their dispossession. This
makes some regimes of dispossession politically formidable and others quite
tenuous. If seeing dispossession as a necessary aspect of capitalism can only
disempower political struggles against it, regimes of dispossession helps to
58
Theses on India’s Land Question
Thesis 4: Since 1991, India has passed from a regime that dispossessed
land for state-led industrial and infrastructural expansion to one that
dispossesses land for private—and increasingly financial—capital.
Between 1947 and 1991, the Indian state largely dispossessed land for public
sector projects to expand the industrial and agricultural productivity of the
country. The main forms of this dispossession were public sector dams, steel
towns, industrial areas, and mining. It is important to note that while India’s
Land Acquisition Act (LAA) allowed for the acquisition of land for private
companies, in practice this was relatively rare before economic liberaliza-
tion. While companies could receive plots of land in industrial areas/estates,
the state maintained ownership and collected ground rent from companies.
States did not acquire land for private companies to re-sell on the market;
rather, the rent from dispossessed land accrued to the state not private
capitalists, who were allotted leased land on the condition of engaging in
industrial production.
This is not to say that dispossession in this period actually served the “public
interest” or “development.” Such terms are always obfuscations of particular
class interests. Dispossessing land for these projects made possible accumula-
tion that disproportionately benefited the industrial bourgeoisie, dominant
agrarian classes, and public sector elites (Bardhan 1984; Dwivedi 2006; Nilsen
2010). Although this accumulation had some beneficial effects for other
classes, these projects were distributionally regressive as they came at the
cost of the impoverishment and proletarianization of approximately tens of
millions of rural people who were typically already among the country’s
poorest and most marginalized (Fernandes 2008). Many were also ecologically
destructive and failed on their own terms.
Nevertheless, these projects resonated with the Nehruvian vision of
national development that had widespread public legitimacy in the postinde-
pendence years. This is not to say that the dispossessed found their expropri-
ation and impoverishment legitimate, but that the broader legitimacy of
postcolonial developmentalism made resisting these projects difficult. This
legitimacy was inextricably linked to the fact that large numbers of people
believed they would benefit from the irrigation of large dams or receive jobs in
public sector industries. When farmers resisted, they were quickly suppressed
and this suppression was itself legitimized as in the national interest. Land
acquisition was not politically salient and farmers only occasionally found
59
The Land Question in India
allies to take up their cause, usually to demand more compensation (cf. Brass
2011; Struempell 2014). It was only in the 1970s and 1980s that strong
opposition movements began to challenge this model of development and
the “displacement” it required. Movements such as the Narmada Bachao
Andolan challenged the legitimacy of “destructive development” and pion-
eered anti-dispossession politics in India. Tragically, they were rarely success-
ful in stopping their own dispossession, underscoring the enduring strength
of the developmentalist regime of dispossession. A combination of coercion
and powerful ideological appeals to the nation ensured that the development
model would itself give way before these political movements could signifi-
cantly impede its ability to dispossess land.
In the early 1990s, however, economic liberalization initiated the genesis of
a new regime of dispossession driven by increasingly privatized, decreasingly
productive, and less labor-absorbing purposes. While there are many ways to
periodize India’s liberalization (cf. Kohli 2012), the early 1990s was the key
turning point for land acquisition.
First, economic liberalization after 1991 unleashed increasing private
demand for land for industry, infrastructure, and real estate. With the deci-
sion to liberalize private investment and to diminish the public sector’s role
in the economy (Chandrasekhar and Ghosh 2002), the share of private
capital in the economy steadily increased and became dominant by the
end of the decade (Kohli 2012: 45). While liberalization did not substantially
spur the manufacturing sector, it unleashed dramatic growth in India’s
service sector, particularly information technology (IT) and business process
outsourcing (BPO) (Bardhan 2010; Kohli 2012). This IT/BPO boom contrib-
uted to a dramatic growth in demand for commercial real estate that could
not be accommodated within the confines of older cities (Searle 2010),
leading to the growth of Hi-Tech parks on the peri-urban frontier. This
growth of the IT/BPO sector dovetailed with a second generation of reforms
that liberalized the real estate and infrastructure sectors (the privatization of
which is first considered in the Eighth Five-Year Plan formulated in 1992).
The central government introduced a series of policies to attract private
investment in power (1992), roads (1997), and ports (1997) as public–private
partnerships (PPP) became the preferred method for building infrastructure.
By the 2000s, 37 percent of infrastructure investment was coming from the
private sector (Gulati 2011: 380). Crucially, compensating private infrastruc-
ture investors with excess land and/or development rights became an
increasingly popular method of cost recovery in these arrangements—
whether for roads, airports, or affordable housing (Ahluwalia 1998; IDFC
2008, 2009). Infrastructure investment thus became a vehicle for private real
estate accumulation, culminating with special economic zones (SEZs) in the
mid-2000s.
60
Theses on India’s Land Question
The privatization of infrastructure has thus been synergistic with the liber-
alization of India’s real estate sector. While urban development was a
state-dominated affair before liberalization, in the 1990s, the government
loosened restrictions on bank lending to private developers. By 2002, private
developers were allowed to obtain financing (for construction, though not
land purchases) from foreign investors. This policy was further liberalized
after 2005 (Searle 2010: 30). This credit expansion, combined with growing
demand for housing and office space, precipitated a dramatic real estate boom
by the mid-2000s.
In addition to real estate, economic liberalization unleashed a mineral rush
across central and eastern India. Beginning in 1993, India began to liberalize
its largely nationalized mining industry. The New National Mineral Policy of
1993 and subsequent revisions over the next decade facilitated private and
foreign investment in prospecting, extracting, and processing of most min-
erals. After changes in 1997 and 2000, foreign private equity investments of
up to 100 percent were granted automatic approval. By the 2000s, mineral
prices were increasing with the Indian and Chinese construction booms
driving up demand. While the mining sector has not grown exceptionally
fast, the number of memorandums of understanding (MoUs) signed with
private mining companies has accelerated and several states (Jharkhand,
Chattisgarh, and Orissa) have been particularly proactive in handing over
large mining concessions to private investors.
The process of economic liberalization that began in the 1990s has thus
created “a voracious appetite for space to meet the demands of industrializa-
tion, infrastructure building, urban expansion and resource extraction”
(Ghatak and Ghosh 2011: 65). This demand grew steadily over the 1990s,
receded somewhat during the East Asia financial crisis-triggered slowdown
between 1997 and the early 2000s, and ascended new heights in the mid-
2000s as India’s growth rate reached 9 percent and a liberalized real estate
market entered a dramatic boom.
This demand could not be met by the ordinary operation of land markets.
Most of the land available for such projects lay in the hands of India’s large
smallholding farmers and there are several well-known obstacles to consoli-
dating large chunks of rural land. First, very small holdings make negotiations
difficult and holdouts likely. Second, legal problems are almost guaranteed for
large projects given titling issues and ambiguity in ownership. Third, many
farmers remain reluctant to sell land for multiple reasons, including the lack of
attractive exit options from agriculture. The growing demand for land initi-
ated by liberalization in India thus confronted the supply barrier of rural land
markets that do not provide “an open field” for the circulation of capital
(Harvey 2006b: 271). If large land-consuming private investments were to go
forward, the state would have to dispossess land for them.
61
The Land Question in India
There were two main incentives for states to help capital overcome this
obstacle. First, liberalization also unleashed fierce interstate competition
for investment (Jenkins 1999; Rudolph and Rudolph 2001). What has been
underappreciated is the critical role land dispossession has assumed in this
competition.11 Given the barrier to amassing large chunks of land through
market purchase, companies making large enough investments insist on a
government commitment to acquiring it. Such a commitment is an invariable
item in the MoUs signed between companies and state governments. According
to both government officials and industry representatives that I interviewed in
seven states, the ability of state governments to dispossess peasants has become
of critical importance in the interstate competition for investment. As Nirupam
Sen, then Industries Minister of West Bengal, explained:
Providing land is one of the most important things, you see, because until
and unless you get a hold of the land, there is no question of setting up
industry. . . . That is the most important input. If you don’t get it, if you
cannot provide it, then they will seek somewhere else where they can get
that land. (Interview, February 28, 2011, Kolkata)
The flight of Tata Motors from West Bengal to Gujarat after meeting stiff
opposition in Singur powerfully illustrated the centrality of land to the inter-
state competition for footloose capital.
The second incentive for states to move into dispossessing land for private
and increasingly real estate-driven purposes was the enormous licit and illicit
rents this would make possible. Acquiring land and selling it to private invest-
ors became a significant source of revenue for industrial development corpor-
ations, urban development authorities, and other parastatals. Moreover, this
increasing state role in land acquisition and allocation expanded the oppor-
tunities for illicit graft, which takes the form of government officials and
politicians buying land in advance of projects being announced (or selling
that information to others) or demanding bribes for land allocation, land
conversion, or shifting project boundaries. This nexus of government officials,
politicians, brokers, and developers generates “corruption” and black money
on a scale that makes the “license raj” look quaint.
The upshot is that state governments restructured themselves into land
broker states. No longer confining themselves to dispossessing land for state-
led projects of productive material expansion, states turned to dispossessing
peasants for any private economic purpose that constitutes “growth,” includ-
ing real estate speculation. As a shorthand, we can characterize this as a shift
from a regime of “land for production” to one of “land for the market.” No
longer is land dispossessed just for the production of commodities, but
increasingly for its own commodification. This began in the early 1990s as
industrial development corporations and other agencies began acquiring land
62
Theses on India’s Land Question
P3
Private Increment
P2
Public Increment
P1
Compensation
for private and decreasingly industrial purposes (Levien 2013), and reached
maturity in the mid-2000s with SEZs, other forms of PPP infrastructure, and
the auctioning by urban development authorities of peri-urban farmland to
private investors. Rather than simply dispossessing land for production,
states began dispossessing land so that private companies could capture the
differential between the price paid to farmers and its ultimate market value.
I call this ratio between the compensation and market prices the rate of
accumulation by dispossession (illustrated in Figure 2.1). In the case of the
Mahindra World City SEZ in Rajasthan, I have used documents obtained
through the Right to Information (RTI) Act to conservatively estimate this
rate as 439 percent—including a profit of over Rs. 25 million per acre on land
turned to residential use—based on 2011 prices, which have more than
doubled since (see Levien 2012: 947–8). In peri-urban Delhi, the Greater
Noida Industrial Development Authority has been documented acquiring
land at Rs. 820 per square meter and reselling it to developers at Rs. 35,000
(Sood 2011). The key point is that under India’s neoliberal regime maximiz-
ing such windfalls has itself become the purpose of dispossession, devoid of
any broader considerations of “development.”
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The Land Question in India
64
Theses on India’s Land Question
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
With less income With less food Felt more “loss” than
“benefit”
65
The Land Question in India
Just as India’s neoliberal regime of dispossession was reaching scale in the mid-
2000s, it began to encounter increasingly widespread and militant land wars.
The dimensions of these struggles are by now well known and need not be
repeated. It is enough to say that since the mid-2000s, they have become
endemic and uncommonly successful. Beneath the more high-profile
struggles—Nandigram, Singur, Raigad, Kalinganagar, Jagatsinghpur, Bhatta-
Parsaul, Niyamgiri—are endemic wars of attrition across the country. In
addition to organized opposition are the more prosaic legal challenges that,
according to my interviews, besiege industrial development corporations,
urban development authorities, and other parastatals in almost all states.
Cutting across the vicissitudes of individual struggles is an aggregate picture
of remarkable obstruction. That land acquisition is now a top concern of
Indian capital and the central government is testament to this newfound
success.
What explains this remarkable success? There are several factors, which
prove challenging to isolate. The first is the previous groundwork laid by
movements against Nehruvian-era projects, such as the Narmada Bachao
Andolan and the many movements gathered under the National Alliance of
66
Theses on India’s Land Question
People’s Movements (NAPM). The second is the spread of NGOs and mass
media into rural areas, and the rise of opposition parties. The precise effects of
these changes remain to be investigated, and it is important to remember that
journalists, NGOs, and parties typically arrive on the scene only once oppos-
ition to a project is well underway. But more fundamental than these back-
ground factors, I would suggest, are several features intrinsic to the neoliberal
regime of dispossession itself. As we have seen, the shift toward dispossessing
land for the private sector, and particularly for real estate purposes, has greatly
magnified the discrepancy between compensation prices and market prices.
Not only has the rate of accumulation by dispossession increased, but it is also
more visible under the neoliberal regime than it was before. Instead of dispos-
session subsidizing the internal rate of return of a large infrastructure project,
it is now a mere instrument for maximizing the profit of private companies—
and farmers need only know the market price of land to estimate the extent to
which they are being ripped off. The second and related factor, as I have
already suggested, is the increasingly exclusionary growth that land dispos-
session is facilitating in the neoliberal era (cf. D’Costa 2014; Dreze and Sen
2013; Kohli 2012). Inseparable from these material considerations is the
dubious legitimacy of dispossessing land for private and often speculative
purposes. Few farmers can be convinced that giving their land to a private
corporation for real estate constitutes a “public purpose” justifying their
forcible removal. Even the media, political parties (at least when they are in
opposition), and courts have become increasingly skeptical of forcible land
acquisition for real estate speculation, as seen in the uproar over SEZs (see
Levien 2013). Normative persuasion is simply not one of the resources avail-
able to India’s neoliberal regime for producing compliance. This leaves mater-
ial compensation and brute force as the main mechanisms for getting farmers
off their land.
After 2007, we saw concerted attempts by state governments and the central
government to overcome “land wars” by increasing material compensation.
Uttar Pradesh, Haryana, and Rajasthan were among the early states that put
policies into place that went beyond the usual below-market compensation
price (the “circle rate”) typically given to farmers. The overthrow of the Left
Front government by Mamata Banerjee’s Trinamool Congress (TMC) after
the former’s brutal treatment of farmers in Singur and Nandigram demon-
strated that land acquisition had arrived as an electorally salient issue and
that it would henceforth be politically difficult to continue shoving farmers
off their land with minimal compensation. For the first time, offering a better
deal to farmers became a matter of interparty competition. Nevertheless,
there are limits to state-level policies as capital can always flee to states that
are better able to politically manage with low prices—Andhra Pradesh, Tamil
Nadu, and Gujarat, for example, all continued acquiring land without giving
67
The Land Question in India
68
Theses on India’s Land Question
whether it will significantly dissipate India’s land wars. I believe this is unlikely,
for three reasons.
First, the compensation rates under LARRA are unlikely to appease most
farmers. While early versions of the bill called for a uniform fixing of com-
pensation levels at six times the government assessed value of the land, or
“circle rate” (always much below the market level), the final bill reduced this
to effectively four times the rate in rural areas and two times the rate in urban
areas (a distinction it leaves to state governments to establish). Given the rates
of accumulation by dispossession described earlier in this section, this will
hardly bring compensation up to the level of market value. The relentless
lobbying of industrialists and builders to reduce compensation levels in the
drafting of LARRA illustrates Marx’s observation that capitalists have a difficult
time seeing beyond their noses (i.e., short-term profits) to coordinate their
long-term class interests. While some worried that the bill made prices too
high (Chakravorty 2013, 2015), this amounts to little more than a defense of
using eminent domain to generate corporate super-profits. LARRA did not
bring compensation prices up to market prices and is thus unlikely to signifi-
cantly reduce “land wars.”
Second, and more fundamentally, the idea of utilizing the exchange value
of land to build a class compromise between urban capital and farmers
assumes what needs to be explained, which is how farmers come to value
their land at its exchange value in the first place. In other words, it is not clear
that all farmers can be bought, or at least that their “reservation price” is in a
range acceptable to state and capital. Many farmers’ struggles on the periph-
eries of expanding cities are, no doubt, struggles over prices. Nevertheless, it is
a mistake to collapse, as Partha Chatterjee (2008) does, all of dispossession
politics into ad hoc negotiation over its terms. There remains a second
category of anti-dispossession movement that has shown absolutely no inter-
est in compensation. From Nandigram to Niyamgiri, Raigad, Singur, and
Jagatsinghpur, we find numerous examples of farmers unwilling to even
consider compensation. One should notice that not all of these are in adivasi
(indigenous or tribal) areas, where such attitudes are considered to be
more prevalent. By refusing to value their land at its exchange value, these
farmers cannot be brought into a class compromise on the terrain of
commodification.
Finally, even among those who are willing to consider compensation, a final
obstacle to the Indian state’s ability to pacify anti-dispossession struggles lies,
as pointed out earlier, in the developmental contradictions of the neoliberal
growth model itself. The non-labor-intensive and real estate driven growth
that characterizes India’s SEZs—and India’s growth model as a whole—has
little to offer most farmers aside from land values. If the Nehruvian state
dispossessed land for economic purposes that farmers could at least be
69
The Land Question in India
70
Theses on India’s Land Question
in remote areas. It is far from clear, however, that the sum total will be anything
resembling a stable regime of dispossession.
2.3 Conclusion
By the latter half of the 2000s, the Indian state had to confront the fact that
the land requirements of its neoliberal growth model were difficult to fulfill
under conditions of electoral democracy. India’s vast rural population, the
second largest in the world, controls the land that is desired in ever greater
quantities for the private investment that is central to the country’s neo-
liberal phase of capitalist expansion. Whereas in the period of state-led
development, states were able to mobilize the substantial legitimacy of
Nehruvian developmentalism to transfer land from farmers to public sector
projects, the neoliberal regime lacks the normative power to compel farmers
to “sacrifice for the nation.” Its remaining hope, aside from increasingly
illegitimate and counterproductive violence, is to offer farmers some share
of the unprecedented real estate values that dispossession is being used to
manufacture and capture. But land values are a bad substitute for inclusive
growth, both developmentally and politically. With land dispossession
increasingly being put to use by predatory state governments in the service
of an exclusionary development model, it is unlikely that this neoliberal
regime, even with recent legislative amendments, will be able to accomplish
what it seeks: the easy and predictable transfer of land from farmers to capital.
The upshot is that farmers are making themselves the most significant
obstacle to capitalist growth in India. While the peasantry has long been
seen as an obstacle to progress, this specific roadblock is as unexpected for
modernization theory and classical Marxism as it is for “India Inc.” These land
struggles are shaping the trajectory of Indian capitalism in unforeseen and
unpredictable ways, and have firmly lodged the “land question” at the center
of Indian politics. Whether these anti-dispossession movements can open the
way for more equitable paths of development and social change remains to be
seen. But their chances will be far greater if they can ally with a reinvigorated
left that has abandoned old theories of dispossession’s role in history.
Notes
71
The Land Question in India
3. In the more Hegelian idiom of the Grundrisse, Marx states, “The conditions and
presuppositions of the becoming, of the rising, of capital presuppose precisely that it
is not yet in being but merely in becoming; they therefore disappear as real capital
arises, capital which itself, on the basis of its own reality, posits the conditions for
its realization” (1973: 459).
4. Others have argued that a theory of ongoing primitive accumulation can be found
in Marx (De Angelis 2007). I think, at best, one can argue that Marx’s account of
primitive accumulation implies that it would be ongoing (why would capitalism’s
thirst for land come to an end?), but Marx himself relegates it to the “prehistory” of
capital. For the distinction between a serial and recursive conception of primitive
accumulation, I thank Michael Watts.
5. The two were connected to the extent that capitalist agriculture generated larger
surpluses that could be appropriated for subsidizing industrialization.
6. For a critique of this argument, see Gerschenkron (1962).
7. However, the problematic of transition faced its own difficulties and its relevance
may anyway be declining along with the importance of agriculture to national
projects of capitalist development (Bernstein 2012; Lerche 2013). See also the
introduction to this volume.
8. I use group here rather than class because the dispossessed often belong to multiple
classes (especially in the countryside), while the recipients of the land are typically
of the capitalist class (though they can be from different fractions of that class).
9. Although dispossession for agribusiness is also increasing in China.
10. See Levien (2012).
11. On the broader significance of land liberalization and new forms of urban
governance, see Sud (2012) and Goldman (2011).
12. It seems likely that states can get around this provision by allocating private
companies land from their “land banks.” Most states already acquire land well in
advance of demand for particular projects; since they are not explicitly for private
projects when acquired, these acquisitions would arguably not come under the
70–80 percent approval clause—though this may be decided by the courts.
References
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Theses on India’s Land Question
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and Globalization: Political Economy, Rural Transformation, and the Agrarian Question,
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75
3
Shapan Adnan
3.1 Introduction
77
The Land Question in India
dispossessed groups can take different forms: covert or overt, violent or non-
violent (Adas 1986; Adnan 2007: 210–11, 2013: 97–8; Scott 1985, 1986).
When lands are appropriated by powerful groups and agencies, particularly
the state, resistance usually takes nonviolent legal–constitutional forms, such
as public meetings and demonstrations. However, under limiting conditions,
resistance can be transformed into violent forms, including armed struggle
(Adas 1986: 82–3; Adnan 2007). The modalities of resistance can also change in
terms of scale, organization, and collective action, involving coalition forma-
tion and coordinated activities in multiple arenas (Tilly 1978: 7, 78). Such
shifts in the forms and modalities of resistance can critically affect the out-
comes of land alienation and primitive accumulation.4
While land has traditionally served as the means of production in agricul-
ture as well as the key marker of power and status in social and political
relations, in recent times it has become increasingly valued as a commodity
in the wider economic and social arena (Akram-Lodhi 2012; Hall 2013).
During the immediate postcolonial decades, the Indian state undertook
large-scale land acquisition for massive projects of infrastructure construc-
tions and development, which were justified in terms of “public purpose.”
However, with the advent of neoliberal globalization, there was a qualitative
shift in the nature and purpose of state acquisition of land.5 While the process
continued, its purpose shifted increasingly towards making land available to
private corporations and elite groups. Moreover, a variety of non-state actors,
including multinational corporations, political parties, private armies, and
criminal groups, became involved in large-scale land grabs (Banerjee 2014;
Walker 2008).
Viewed in historical perspective, the role of land alienation in India has
undergone a striking change in the context of neoliberal globalization. Conse-
quently, the contemporary “land question” has also taken on novel dimensions
beyond its classic formulation, as elaborated in the following paragraphs.
Trends in the composition of the Indian workforce in terms of employment
status raise problematic issues in relation to the schema of transition to capit-
alism. First, while the Indian economy has grown significantly during the
neoliberal era, expansion of wage employment has been uneven and limited.
Symptomatic of this trend is the phenomenon of “jobless growth,” the extent
of which has fluctuated due to multiple factors.6 Second, while people have
been displaced from their farms and settlements by land grabs, the dispossessed
groups have not necessarily been absorbed in wage employment—remaining
unemployed or self-employed. In the Indian discourse, such outcomes have
been dubbed “dispossession without proletarianization” (Basu and Das 2009:
158; Levien 2012: 954; U. Patnaik 1990; Sanyal and Bhattacharyya 2009: 35).
These trends in the Indian economy do not entirely accord with the schema
of transition to capitalism. Since the conversion of expropriated land into
78
Land Grabs, Primitive Accumulation, and Resistance
productive capital has not been matched by the transformation of the dispos-
sessed into wage workers, only one of the “two transformations” postulated by
Marx has taken place substantively compared to the other (Adnan 2014; Levien
2012; Marx 1976: 834). The prospect of primitive accumulation being followed
by the “transition to capitalism” remains uncertain to the extent that land grabs
are not followed by the employment of the dispossessed in capitalist produc-
tion.7 Moreover, questions have arisen as to whether the Indian economy is
heading toward an alternative trajectory that diverges from the transition
to capitalism.8
In order to resolve these theoretical issues, it is necessary to examine empir-
ical evidence on the extent to which land grabs have been followed by the
absorption of the dispossessed in capitalist wage employment. However, while
some micro-level studies are available, there do not appear to be any national-
level data on the specific contribution of land alienation to the composition of
the Indian workforce in terms of the relative proportions of the self-employed
and wage workers. To the extent that national-level data are available on the
composition of the workforce by employment status, these reflect the overall
outcomes of multiple factors (Himanshu 2011), and hence cannot be
explained by the employment impacts of land alienation alone, which con-
stitutes just one of the contributory factors.
Given these data limitations, an indirect approach combining two com-
plementary methods has been used in Sections 3.4 and 3.5. First, the
national-level survey data are interpreted with suitable assumptions to
assess inter-temporal trends in the employment status of the Indian work-
force (divided into the self-employed, regular employees, and casual work-
ers). Second, evidence from a case study of land acquisition (Levien 2012) is
reviewed to trace the causal processes underlying the observed outcomes in
terms of the relative weight of the self-employed and wage employees.
While the findings of the micro-level analysis are not representative and
cannot explain national-level employment trends, they do provide grounded
evidence on the causal processes shaping the outcomes of land alienation,
particularly in terms of impacts on employment status. Until more appropriate
macro-level data are available, these micro-level insights can be utilized
for interpreting the national-level trends. In Section 3.6, the results of these
different methods have been put together to formulate a set of hypotheses to
explain the factors underlying “dispossession without proletarianization” in
neoliberal India.
Following from these considerations, the objectives of this chapter are
formulated in terms of the following key questions:
79
The Land Question in India
The rest of the chapter is laid out as follows. Section 3.2 summarizes the
salient features of the neoliberal policy regime in India and the ways in which
these have influenced different types of land alienation mechanisms.
Section 3.3 analyzes the forms and modalities of resistance to land grabs and
their varying outcomes. Inter-temporal trends in the relative proportions of
self-employed and wage workers in the Indian workforce are reviewed in
Section 3.4. Section 3.5 provides a critical review of existing interpretations of
trends in the relative weight of wage workers and the self-employed and puts
forward an explanatory hypothesis. In conclusion, Section 3.6 summarizes the
inferences of the preceding analysis, formulates possible explanations of the
trends in employment status, and assesses the prospects of the “transition to
capitalism” in India.
80
Land Grabs, Primitive Accumulation, and Resistance
81
The Land Question in India
Even though the law provided for compensation payments and rehabilita-
tion arrangements for those whose lands had been acquired, these were
implemented in discriminatory ways. While landowners holding formal own-
ership rights or titles were considered eligible for payment of compensation,
the common or customary “rights of use” of others to the acquired areas were
not recognized, although their livelihoods could depend upon access to these
resources (Banerjee 2014: 276–7; Bhaduri 2008: 13; Walker 2008: 582–90).
Even when compensation was paid, the rates offered by the administration to
those losing land were typically considerably below the prevailing market
price. This kind of compulsory undervaluation of land during acquisition,
juxtaposed with the higher rate charged when it was transferred to private
agencies, allowed the state to make inflated profits in a manner characteristic
of ABD (Harvey 2005: 149–50; Levien 2012: 947–8).
Moreover, even the laws and regulations were often manipulated or violated
in varying degrees during the processes of state acquisition, compensation,
and rehabilitation (Banerjee 2014: 295). Various state agencies were found to
use illegal means to circumvent legal restrictions on acquisition of communal
lands of adivasis (indigenous peoples) without their consent.10 In addition to
state violence by security forces, a key trend in Indian land grabs has been “the
use of officially sanctioned criminal violence at the level of the state and by
private landholders against the rural poor” (Banerjee 2014: 282–3, 293–7;
Nigam 2007: 6–7; Walker 2008: 559, 591–3).
82
Land Grabs, Primitive Accumulation, and Resistance
As land grabs have intensified in neoliberal India, these have also been con-
fronted with different forms and modalities of resistance from dispossessed
groups (Levien 2012; Walker 2008). In particular, the sheer lack of legitimacy
of the Indian state’s role as “land broker” to the private corporate sector has
triggered a politics of resistance against primitive accumulation (Adnan 2014:
30–9). Among “the key markers” of the struggle were protests and social
movements against construction of “special economic zones, expressways
and other infrastructure projects,” involving large-scale population displace-
ments (Das 2012: 33–5). The need for protecting the land and livelihoods of
those confronted with dispossession typically involved the entire population of
the affected area, subsuming multiple classes and social groups. Those
involved were not only landholders with property rights, but also landless
peasants, adivasis (“tribes” or indigenous peoples), and other occupational
groups without such rights but whose livelihoods depended crucially upon
access to the acquired areas, for example farmlands, forests, wetlands,
83
The Land Question in India
84
Land Grabs, Primitive Accumulation, and Resistance
85
The Land Question in India
86
Land Grabs, Primitive Accumulation, and Resistance
Correlatively, the combined weight of the regular and causal wage employ-
ees according to the NSSO survey data has been relatively stable despite
mild fluctuations, accounting for just under half of the Indian workforce:
from 49.8 percent in 1999–2000 to 49.6 percent in 2011–12.14 However, this
aggregate figure is likely to be an overestimate of the wage workers employed by
profit-seeking capitalist enterprises, since some of them were hired by petty
commodity producers to supplement family labor, or public agencies for
local area development, employment generation, and poverty reduction pro-
grams with redistributive objectives (Rangarajan, Iyer Kaul, and Seema 2011:
71). Moreover, there may be a certain degree of reversibility in employment
status involving temporary and contingent shifts between self-employment
(family labor) and casual work (“distress” wage employment), depending
upon changes in economic conditions (Himanshu 2011: 53–4; Hirway 2012:
68; Kannan and Raveendran 2012: 79–80; Rangarajan, Iyer Kaul, and Seema
2011: 69–70).15 These considerations suggest that wage workers employed
by capitalist enterprises are likely to have constituted considerably less than
half of the Indian workforce over 1999–2012.
Viewed in disaggregated terms, the share of regular wage/salaried employees
in the Indian workforce increased from 15.8 percent in 1999–2000 to 20.3
percent in 2011–12, while that of casual wage workers fell correspondingly
from 34.0 percent to 29.3 percent. Since the proportion of the self-employed
has been stable over the same period, the growth of the regular wage-
employed must have taken place at the expense of the casual wage workers
(Rangarajan, Seema, and Vibeesh 2014: 118). Such steady growth in the
proportion of regular employees (Rangarajan, Iyer Kaul, and Seema 2011:
71) and the corresponding decline of casual wage workers suggests that insti-
tutionalized capitalist production relations may have expanded and become more
consolidated in India over 1999–2012. Nonetheless, the share of regular wage
employees remained relatively small at one-fifth or less of the total Indian
workforce over this period.
Overall, it can be concluded that, while the proportion of the self-employed
in the Indian workforce accounted for a slightly larger share compared to that of
total wage employees, it undoubtedly constituted a much greater proportion
than that of the subset of workers employed in capitalist enterprises. Moreover, the
proportionate composition of the total workforce in terms of employment
status remained stable during 1999–2012, with only minor fluctuations.
These trends in the composition of the Indian workforce over 1999–2012 flag
a number of issues for further consideration. The fact that the self-employed
87
The Land Question in India
constituted the single largest component and accounted stably for half of
the workforce over the entire period, raises questions about what happens to
the livelihood and employment status of dispossessed groups after the loss
of their lands.
88
Land Grabs, Primitive Accumulation, and Resistance
who have lost their land, this involves reconstituting themselves into other
kinds of self-employed enterprises that operate at a lower level of income and
security (compared to the situation when they still had access to land).16
Taken together, this two-way process results in the net persistence of the self-
employed in the Indian workforce compared to wage workers.
89
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90
Land Grabs, Primitive Accumulation, and Resistance
products and services in the village economy, becoming transformed from one
kind of PCP (landholding peasant) to another (non-farm enterprise). Moreover,
some of them were subjected to market-based surplus extraction by usurers’
and merchants’ capital or payment of precapitalist rent. Third, very few of the
dispossessed households gained wage employment in the high-tech capitalist
enterprises established on their former lands in the SEZ. Even those who were
employed had to work in low-paying and insecure jobs such as guards, jani-
tors, gardeners, and drivers, given their lack of skills and education (Levien
2012: 949).
Overall, the households whose lands were acquired for the high-tech MWC
SEZ experienced multiple and divergent outcomes. Paradoxically, even
though land acquisition was propelled by the needs of advanced capitalism,
it did not generate significant wage employment for those dispossessed in the
process. Most of them resorted to different forms of self-employment and/or
surplus extraction based on unproductive capital and land rental, as con-
trasted to involvement in the circuit of productive capital as either capitalist
producers or wage workers. It is evident that, in this particular instance, the
short-run outcomes of primitive accumulation through land acquisition devi-
ated significantly from the Marxian schema of “transition to capitalism.”
While the findings of this case study of a single SEZ are obviously not
generalizable for all India, they provide insights into some of the critical
factors shaping the employment outcomes of primitive accumulation through
land acquisition. In particular, the following hypothesis is suggested: the
predominance of unproductive capital and (precapitalist) rent extraction
systematically constrains the dispossessed to take up forms of self-employment
for survival, as contrasted to the option of wage employment made available
by productive capital.
91
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92
Land Grabs, Primitive Accumulation, and Resistance
93
The Land Question in India
Third, the fact that half or more of the Indian workforce has continued to
survive through self-employment over 1999–2012 cannot be uncritically
attributed to the purported “welfarist governmentality” and redistributive
“development” programs of the state, donor agencies, nongovernmental
organizations, and so on (Adnan 2014: 36–7), despite claims to the contrary
(Chatterjee 2008: 55–6; Sanyal 2007: 36–7, 59–61). While redistributive public
works programs such as NREGA have generated incremental employment and
raised wage rates across all segments of the labor market, their overall contri-
butions to reducing poverty and unemployment have been at best marginal
(Hirway 2012: 68; Kannan and Raveendran 2012: 80; Rangarajan, Iyer Kaul,
and Seema 2011: 71). More generally, cutting down on redistributive and
welfarist programs has been a key feature of the neoliberal policy regime
characterizing contemporary India (Basu and Das 2009: 159; Baviskar and
Sundar 2008: 87–9; Shah 2008: 80). Instead, the continued survival of the
self-employed is to be largely attributed to their resistance to land alienation
and primitive accumulation/ABD, as well as their resourcefulness in finding
avenues of survival based on their own efforts, inclusive of undertaking
“distress employment”—typically involving overwork and underconsump-
tion (Himanshu 2011: 53–4; Hirway 2012: 68; Kannan and Raveendran
2012: 79–80; Rangarajan, Iyer Kaul, and Seema 2011: 69–70).
Taken together, these three hypotheses help to explain why at least half of
the Indian workforce remained in various forms of self-employment over
1999–2012, rather than being increasingly absorbed in wage employment in
capitalist production. It is possible that the continuation and accentuation of
such causal processes in the long run could potentially make the trajectory
of the Indian economy diverge from the Marxian schema of “transition to
capitalism.”
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Land Grabs, Primitive Accumulation, and Resistance
Acknowledgments
Notes
1. Despite its innovative aspects, Harvey’s concept of ABD has been subject to a range
of theoretical criticisms, including conflation of its mechanisms with the normal
workings of capitalism (Ashman and Callinicos 2006: 119; Brenner 2006: 98–102;
Fine 2006: 143–6; Harvey 2006; Levien 2012).
2. However, critical reviews of the theoretical debates on primitive accumulation and
ABD are available in my earlier publications (Adnan 2013: 91–9, 2014: 24–7, 2016).
3. See Adnan (2014: 38–9); Borras and Franco (2010); Das (2012: 33–5) Harvey (2005:
162–9); Levien (2012); Sanyal and Bhattacharyya (2009: 41–3); and Walker (2008).
4. See Adnan (2013: 97); Brenner (1976: 70–1, 1977: 73–5); De Angelis (2004: 79);
Moore (1966: 13, 28); and Perelman (1984: 46).
5. See Levien’s (2013) persuasive attempt to construct a periodization of modern
Indian economic and political history in terms of “regimes of dispossession.”
6. See Bhaduri (2008: 11); Chandrasekhar and Ghosh (2011); Chowdhury (2011: 23);
Himanshu (2011: 43–57); Sanyal (2007: 245–7); Sanyal and Bhattacharyya (2009:
36–7); and Thomas (2012: 48).
7. D’Costa (2014) has attempted to explain this situation with the idea of “compressed
capitalism.”
8. See Harriss-White (2012); Levien (2012); Sanyal (2007); and Sanyal and Bhattacharyya
(2009). A critical review of these interpretations is available in Adnan (2014: 33–7).
9. As of February 2016, there were an estimated 187 SEZs in operation throughout India.
Available at: <http://en.wikipedia.org/wiki/Special_economic_zone#India> (accessed
April 28, 2016).
95
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References
Adas, M. 1986. “From Footdragging to Flight: the Evasive History of Peasant Avoidance
Protest in South and South-East Asia.” Journal of Peasant Studies, 13(2): 64–86.
Adnan, S. 1985. “Classical and Contemporary Approaches to Agrarian Capitalism.”
Economic and Political Weekly, 20(30): PE–53–64.
Adnan, S. 2007. “Departures from Everyday Resistance and Flexible Strategies of Dom-
ination: The Making and Unmaking of a Poor Peasant Mobilization in Bangladesh.”
The Journal of Agrarian Change, 7(2): 183–224.
96
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97
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98
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99
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100
4
Arindam Banerjee
4.1 Introduction
102
Agrarian Crisis and Accumulation
103
The Land Question in India
the green revolution strategy in the mid-1960s, and not through a radical
transformation of the rural feudal society. Further helped by the development
of public interventions like the crop management system, credit provisioning,
seed research, and so on, and stepping up of public investment in agriculture,
capitalist landlords (transition from above) and rich peasants (transition from
below) emerged through a process of peasant differentiation.2
Land concentration remained high during this capitalist transition and the
barrier of ground rent restricting investments in agriculture (Patnaik 1983)
continued to prevail in most parts of the country. The unevenness of this
capitalist development of Indian agriculture was also well noted in the litera-
ture. The landmark study by Bhalla and Singh (1997) revealed that agricultural
growth in the 1960s and 1970s was mainly concentrated in the wheat-
growing northern states such as Punjab, Haryana, and Western Uttar Pradesh,
though it later spread to the eastern and southern regions in the 1980s.
Institutional changes such as land redistribution and tenancy reforms in
West Bengal played a major role in a late green revolution in the state
(Saha and Swaminathan 1994).
A shift to neoliberal policies in the early 1990s led to the emergence of new
conditions for Indian agriculture and consequently the agrarian question.
Trade liberalization in agricultural commodities and reductions in public
expenditure in agriculture posed new constraints on Indian farmers, leading
to the precipitation of an agrarian crisis in many parts of the country (Patnaik
2002; Reddy and Mishra 2009; see also Chapter 9 in this volume). Since
around 2004, a high-growth regime in the Indian economy, accompanied
by a languishing agricultural sector, has also raised questions regarding the
disjunction between the agricultural sector and the rest of the economy.
The agrarian crisis and stagnation is predominant now in different parts of the
country, largely as a result over the last two decades of an export-oriented
strategy, state withdrawal from agricultural investments, institutions, and
services, and an overall neoliberal outlook toward small-scale petty produc-
tion. Driven by fiscal fundamentalism, there was a veritable withdrawal of the
state from economic operations, especially from agriculture (Banerjee 2009;
Patnaik 2002). A host of policies adopted, such as the rationalization of input
subsidies, the downsizing of public interventions including incentive pricing,
a further decline in public investments, and the contraction of institutional credit
availability in rural areas, all contributed to a deflation in real farm incomes
and the emergence of indebtedness among the peasantry (Ramachandran and
Swaminathan 2005; Reddy and Mishra 2009).
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Agrarian Crisis and Accumulation
105
The Land Question in India
not have any access to land, whereas for the latter it is voluntary. Between
these two classes there is a heterogeneous peasantry comprising the upper and
lower peasantry. The upper peasantry is made up of net labor-exploiting
classes, within which the rich peasants are expected to be more dynamic in
terms of accumulation and depend primarily on hired labor for cultivation.
The accumulation of capital historically in the hands of these classes increases
the capital stock on their farms and enables them to appropriate increasing
volumes of surplus produced by the farm labor. We have used the labor-
exploitation criterion developed by Patnaik (1976) to identify and study the
various peasant classes in these areas.3
The survey covered seventy-seven households in two villages in the Raina-2
Block, Bardhhaman district in West Bengal. These villages had an agro-
climactic characteristic akin to the fertile alluvial Indo-Gangetic plains. The
abundance of groundwater and high levels of irrigation allowed multiple
cropping; usually two crops of rice and potato are sown but farmers with
greater access to money capital could go for a third crop of boro (winter) rice
or vegetables. The region in Telengana is located in the Saidapur Block in
Karimnagar district in Andhra Pradesh. The three villages surveyed in the
Saidapur consist of sixty households, primarily cotton growers. Around half
of their operated area is irrigated. The black soil in the region produces notably
high yields of cotton when cultivated under irrigated conditions.
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Agrarian Crisis and Accumulation
Table 4.1. Labor hiring-in and hiring-out: West Bengal (WB) and Telengana (TL) (in
labor-days)
Class F per hh Hi per hh 100*[Hi/(F + Hi)] Ho per hh 100*[Ho/(F + Ho)] 100*[Hi/(F + Ho)]
Notes: RL: Rural labor; PP: Poor Peasants; SP: Small Peasants; MP: Middle Peasants; RP: Rich Peasants; LLD: Landlords; hh:
household; F: Family labor; Hi: Labor days hired-in; Ho: Labor days hired-out.
Source: Primary Field Survey
more than 60 percent of the households, indicating that the use of family
labor is at least as important as hired labor for a majority of households in this
irrigated cotton-cultivating region.
The class-differentiated character of the peasantry is amply reflected by the
patterns of exploitation of hired labor and self-exploitation of family labor.
In both regions, the methodology of categorizing peasant households into
economic classes is validated by the wide differences in the hiring-in and
hiring-out of labor and their relative importance vis-à-vis the use of family
labor. The upper peasantry classes in both regions, particularly the rich peas-
ant households are much more dependent on hired labor for cultivation. This
differentiation within the peasantry is well reflected by Table 4.1.
The percentage of labor days hired-out (Ho) within the total labor days
(family labor and labor days sold to others) worked by a household (F + Ho)
drops sharply as we move from the lower to the upper peasantry. Similarly, the
total labor days hired-in (Hi) as a percentage of total labor days (F + Ho) worked
by a household multiplies many times as we move up the hierarchy of peasant
classes. The latter variable theoretically implies the ratio of surplus appropri-
ated from employing others’ labor by a peasant household relative to the
surplus created by their own labor (partly appropriated by themselves and
partly exchanged for wages in the labor market). This ratio [Hi/(F + Ho)] for the
rich peasant class in West Bengal is around thirty times that for the poor
107
The Land Question in India
peasant class and nearly ten times that for the small peasants. Similarly, in
Telengana, this ratio for the rich peasants is more than that for the poor
peasants by a multiple of more than 13.
The upper peasantry classes are in a position to appropriate and accumu-
late the surplus produced within agriculture purely on the basis of their
historically evolved production techniques. The specific capital–labor
relations that their production system embodies due to the historical
accumulation of capital marks these classes as the more dynamic ones in
the context of any agrarian transition.
108
Agrarian Crisis and Accumulation
WB
RL 2.6 0.2 0.7 0.0
PP 32.5 8.5 8.9 1.0
SP 5.2 1.3 1.6 4.2
MP 20.8 9.4 19.6 7.6
RP 39.0 80.5 69.2 87.3
LLD 0.0 0.0 0.0 0.0
Total 100.0 100.0 100.0 100.0
TL
RL 11.7 2.2 0.0 0.1
PP 11.7 4.6 6.5 1.4
SP 41.7 22.5 20.1 18.1
MP 20.0 21.3 41.0 9.9
RP 13.3 33.2 29.2 28.5
LLD 1.7 16.3 3.2 41.9
Total 100.0 100.0 100.0 100.0
Notes: RL: Rural labor; PP: Poor Peasants; SP: Small Peasants; MP: Middle Peasants; RP: Rich Peasants; LLD: Landlords; WB:
West Bengal; TL: Telengana.
Source: Primary Field Survey
income (THI).5 This sheds light on the constraints facing different peasant
classes as far as the realization and re-investment of surpluses in their farms
are concerned.
The FLI represents the income of farm households from cultivation, prior to
the payment of rent and interest, depicting the hypothetical economic situ-
ation where land and credit monopoly are absent. Correspondingly, FDI is the
farm income after ground rent and interest is paid out. A peasant household
has to reproduce family labor, save, and undertake farm investments from
this disposable income. The divergence between the FLI and FDI represents
the dimensions of secondary exploitation relations, that is, extraction of
farm surplus through rent and usury, which exist in Indian agriculture in
various degrees.
In West Bengal, the FLI of the rich peasants is more than twenty times that
of the poor peasant class (Table 4.3). The thin, small peasant class in this
region generates a negative FLI primarily due to very low yields of potato.
This can be held as an exceptional case, although even with normal yields,
their FLI would have still been much lower than the middle or rich peasants.
In Telengana, the rich peasants and the landlord household have markedly
higher incomes than the other three peasant classes. The average FLI for the
rich peasants is as much as 45.1 percent of the gross value of output (GVO);
the sole landlord household has an FLI more than 40 percent of the GVO. The
direct surplus appropriation through labor exploitation by the topmost classes
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The Land Question in India
WB
RL 400 10.3 400 (100) 0 (0) 0
PP 1253 10.4 1264 (100.9) 154 (12.3) 165
SP 4146 14.2 8669 () 750 () 13,565
MP 12,990 27.5 3014 (23.2) 1759 (13.5) 8218
RP 28,964 21.5 8980 (31.0) 1057 (3.6) 18,928
LLD 0 0.0 0 () 0 () 0
Total 14,186 20.9 4996 (35.2) 866 (6.1) 8324
TL
RL 65 0.0 7336 () 0 () 7401
PP 8330 31.1 5449 (65.4) 6157 (73.9) 3275
SP 2776 9.0 4354 (156.8) 3792 (136.6) 5369
MP 10,411 17.2 12,764 (122.6) 1483 (14.2) 3837
RP 106,968 45.1 76,431 (71.5) 500 (0.5) 30,037
LLD 246,497 41.8 38,000 (15.4) 8000 (3.3) 200,497
Total 22,574 32.5 16,683 (73.9) 2795 (12.4) 3097
* The figures in parentheses in Columns 3 and 4 are interest payments and rent expressed as a percentage of FLI
Notes: FLI: Farm Labor Income; GVO: Gross Value Output; FDI: Farm Disposable Income; RL: Rural labor; PP: Poor
Peasants; SP: Small Peasants; MP: Middle Peasants; RP: Rich Peasants; LLD: Landlords; WB: West Bengal; TL: Telengana.
Source: Primary Field Survey
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Agrarian Crisis and Accumulation
111
The Land Question in India
Table 4.4. Total household income and poverty line per household by economic and land
size-classes: West Bengal advanced region (in INR)
Class FDI Income from Income from service Total Annual household
paid charges, self- household poverty line (2200
employment employment, etc. income Kcal)
(annual)
[1] [2] [3] [4=1+2+3] [5]
Note: Land size-classes are in acres; RL: Rural Labor; PP: Poor Peasants; SP: Small Peasants; MP: Middle Peasants; RP: Rich
Peasants; LLD: Landlords.
Source: Primary Field Survey, Column 5 estimated by author
What the above assessment implies is that even the labor-exploiting rich
peasants are unable to achieve social reproduction; undertaking productivity-
enhancing farm investments is beyond their means. Reducing consumption
levels, taking out consumption loans from informal sources, or defaulting on
existing credit liabilities are the only ways in which they can drag themselves
into the next production cycle. Indebtedness and immiserization has pene-
trated the upper peasantry under neoliberal conditions. Capitalist landlords
and thin sections of the rich peasants who have established extended control
over the value chain in cultivation, both on input and output ends, continue
the accumulation process more vigorously within the conditions of agrarian
crisis. It is evident that the base of capital accumulation has also shrunk in
the process.
This transformation in the process of surplus appropriation in agriculture
under the neoliberal policy regime has important implications for the agrarian
question in the country. The new pattern of accumulation that has accom-
panied the agrarian crisis has hinged on secondary relations of exploitation
through myriad exchange relations rather than primary labor relations
within the sphere of production. Based on these findings, we discuss the
classical agrarian question and how that changes under the twin conditions
of neoliberalism and globalization in developing countries such as India.
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Agrarian Crisis and Accumulation
113
Table 4.5. Rural India: Agricultural household monthly income from all sources, consumption expenditure, and investment in productive assets
(in INR), 2012–2013
Size-class (ha.) Net income receipts CE Balance IA Surplus/deficit % of HHs Cum. % of HHs
W C AF NFB Total
1 2 3 4 5 6 7 8=(6–7) 9 10=(8–9) 11 12
<0.01 2902 30 1181 447 4561 5108 547 55 602 2.6 2.6
0.01–0.4 2386 687 621 459 4152 5401 1249 251 1500 31.9 34.5
0.41–1.00 2011 2145 629 462 5247 6020 773 540 1313 34.9 69.4
1.01–2.00 1728 4209 818 593 7348 6457 891 422 469 17.2 86.6
2.01–4.00 1657 7359 1161 554 10,730 7786 2944 746 2198 9.3 95.9
4.01–10.00 2031 15,243 1501 861 19,637 10,104 9533 1975 7558 3.7 99.6
>10.00 1311 35,685 2622 1770 41,388 14,447 26,941 6987 19,954 0.4 100
All sizes 2071 3081 763 512 6426 6223 203 513 310 100
Note: W=wage income; C=Income from cultivation; AF=Income from animal farming; NFB=Non-farm business income; CE=Consumption expenditure; IA=Investments in productive assets;
HH is Households.
Source: NSSO (2014)
Agrarian Crisis and Accumulation
115
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116
Agrarian Crisis and Accumulation
Recently, Lerche (2013) has put forward a nuanced argument that India has
bypassed the “classical agrarian transition” under the influence of neoliberal
policies. He stops short of adopting Bernstein’s argument of the agrarian
question being entirely bypassed on the grounds of continuing accumulation
in Indian agriculture: “ . . . surplus value created in agriculture does feed into
accumulation of traders-cum-moneylenders, agro industries and multi-
national companies operating in the up- and downstream agriculturally
related industries . . . ” (Lerche 2013: 400).
This observation is similar to our findings wherein secondary means of
exploitation determine the volume of accumulation (or dissipation) of capital
by capitalist landlords/farmers or sections of rich peasants. Lerche, however,
argues that this capital accumulation does not play the historic role of develop-
ing productive forces in agriculture (AQ2) or fueling the process of industrial-
ization (AQ3): “agriculture does not appear to significantly support growth in
Indian non-agricultural sectors, neither through capital transfers nor through
the creation of a major rural market for industrial produce” (Lerche 2013: 400).
This hypothesis can only be partially correct since even during the agrarian
crisis the agricultural input industries or crop marketing/retailing companies
have not faced any significant strain. Rather, the agrarian crisis has evolved as
a phenomenon where accumulation for more organized capital and their
agents has proceeded at the expense of petty producers whose incomes
are squeezed. One cannot argue that the rural capital accumulation is
entirely delinked from the growth process in the country. There is evidence
of investment by rural ruling classes in real estate, hospitality sector, financial
instruments, and so on. This diversion of the accumulated agrarian surplus to
profitable sectors of the economy may still fuel the neoliberal growth pattern
in the country, although it does not lead to industrialization, the latter being
contingent also on factors external to the agrarian question, such as specific
industrial and trade policies or competing speculative bubbles.
Although Lerche does not adopt Bernstein’s position regarding the agrarian
question, he remains skeptical regarding political alliances (AQ1) between
workers and peasants that can restore centrality to the agrarian transition.
For him, the dividing line in the agrarian structure in India is between the
“labor-exploiting and accumulating classes” and the rest of the agrarian popu-
lation. Pitting the landless and semi-proletarian classes against all dynamic
accumulating rural classes is difficult and thereby the resistance to neoliberal
policies will necessarily be rendered weak. Citing the estimates of ceiling
surplus land in India (Rawal 2008), he argues that redistributive land reforms
would mean meager benefits (0.35 acres per landless household) for the
laboring classes, although it is a novel idea.
There are two reasons why this argument needs to be revisited. First, while it
is true that the average land size is far too small to harness economies of scale,
117
The Land Question in India
it does not automatically nullify the case for redistributive land reforms.
While one cannot escape the challenge of structural transformation by
reverting to neopopulist reforms, alternative paradigms of agricultural organ-
ization like cooperatives, need to be explored through alliances of rural
labor and poor and small peasants. This can potentially address the labor
question and the state must be forced to respond to such aspects of the
agrarian question.
Secondly, accumulation and labor exploitation in agriculture are not iden-
tical under neoliberal conditions. Our data analysis in the previous section
strongly illustrates such patterns of accumulation. The exploitation of labor
alone does not ensure accumulation, the latter depending crucially on sec-
ondary relations like rent/usury/commissions, which Lerche also refers to.
This implies a possibility of broader resistance against neoliberal globalization
by including sections of middle/rich peasants. Needless to say, capitalist
landlords/farmers and small sections of rich peasants, who have accelerated
their accumulation during the agrarian crisis using secondary exploitative
relations, will be outside this alliance. The prominent dividing line between
small-scale petty capital and large organized capital (and their rural agents)
assumes importance and is identical to the dividing line of accumulation.
The incorporation of rich/middle peasants in the alliance for the emanci-
pation of the peasantry from the stranglehold of neoliberalism is an integral
part of the agrarian question in India. However, with some degree of capital
accumulation in the hands of middle/rich peasants under the earlier dirigiste
regime, the latter are also significant employers of rural labor. This can create a
possible contradiction in the agenda for redistributive land reforms and resist-
ing neoliberalism. This is where we need to examine the land question and its
relation with the agrarian question in India.
The agrarian crisis and depression in farm incomes have complex implications
for the value of agricultural land. There is no doubt that the productive value
of agricultural land diminishes with declining farm incomes. This creates the
appropriate context for grabbing farmland at low prices by a variety of inter-
ests such as real estate developers, service providers, or industrial/mining
companies. Also, agricultural land at low value can be bought out by landed
ruling classes, furthering the accumulation of social and economic power.
Increasing land concentration and land acquisition in rural India can be
viewed as a continuous process of primitive accumulation that accompanies
the contemporary, corporate-led neoliberal growth process, although not
necessarily leading to a structural transformation of the workforce.
118
Agrarian Crisis and Accumulation
1993–4 2011–12
119
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120
Agrarian Crisis and Accumulation
Appendix 1
Farm labor Income ðFLIÞ¼ Gross Value of Output ðGVOÞ ½Total Material Input
ð1Þ
costs þ Paid-out labor costs
Farm Disposable Income ðFDIÞ¼ FLI Rent Payments Interest
ð2Þ
payments
Total Household Income ðTHIÞ¼ FDI þ Income from Paid-employment þ
ð3Þ
Income from non-farm Self-employment
The GVO is the sum of Crop Output, By-Product and Livestock Product. The Total
Material Input costs is determined by the following relation-
Total Material Input Costs ¼ ½Sf þ Livestock Feedf þ Mf þ ½Sp þ Livestock Feedp þ
Livestock Maintenancep þ Mp þ Fp þ Fuelsp þ
Irrigation chargesp þ Pp þ Service chargesp þ
Amortization cost:
where “S,” “M,” “F,” and “P” denotes seed, manure, fertilizers, and pesticides respect-
ively. The suffixes “f and p denote farm-produced inputs and purchased inputs respect-
ively. The total paid-out labor costs comprise wages paid in both cash and kind. The
yearly amortization cost for productive assets has been derived by a straight-line
depreciation exercise based on the data on expected life of these assets.
The household data was collected in the survey for each farm operation for labor and
non-labor inputs and price and quantity for sales in order to arrive at money estimates
for input and output.
Appendix 2
RL 2.6 11.7
PP 32.5 11.7
SP 5.2 41.7
MP 20.8 20.0
RP 39.0 13.3
LLD 0.0 1.7
Total 100.0 100.0
0 2.6 10.0
0.01–1.0 53.2 18.3
1.01–2.5 24.7 16.7
2.51–5.0 11.7 30.0
5.1–10.0 3.9 16.7
10.1 and above 3.9 8.3
Total 100.0 100.0
Notes: RL: Rural labor; PP: Poor Peasants; SP: Small Peasants; MP: Middle Peasants; RP: Rich
Peasants; LLD: Landlords; WB-rn: West Bengal, Raina; TL-sdp: Telengana, Saidapur.
Source: Primary Field Enquiry
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Table 4.A2. Total household income and poverty line income per household by economic
and land size-classes (in acres): Telengana advanced region (in INR)
Class FDI Income from paid Income from service Total household Annual household
employment charges, self- income (annual) poverty line (2200
employment, etc. Kcal)
[1] [2] [3] [4=1+2+3] [5]
Notes: RL: Rural labor; PP: Poor Peasants; SP: Small Peasants; MP: Middle Peasants; RP: Rich Peasants; LLD: Landlords.
Source: Primary Field Survey, Column 5 estimated by author
Notes
1. The grand Land Revenue Settlements during colonial rule recognized the “right over
land” of the landlords without any countervailing protection of tenancy rights for a
long time. This rendered unrestricted power to the landlords whereby they could
enhance the burden of surplus appropriation on the tenants using the credible
threat of eviction. Landlords also enjoyed control over the labor of tenants and
their families in the context of such a lopsided legal framework.
2. See Byres (2003a) for the conception of “transition from above and below.”
3. The calculation of the Labor Exploitation Index (E) for each household has been
done considering both direct labor exploitation through hiring-in and hiring-out as
well as indirect exploitation of labor through leasing-out and leasing-in of land
using the following equation- E = X/F = [(Hi – Ho) + (Lo – Li)]/F, where, Hi, Ho are
labor days hired-in and hired-out respectively, Lo, Li are the total labor days on land
leased-out and land leased-in respectively and F is the family labor on the operated
farm. Apart from the landless labor and landlords, the four peasant classes are
poor peasants (E<1), small peasants (1<E<0), middle peasants (0<E<1) and rich
peasants (E>1).
4. See Appendix 2, Table 4.A1 for the class structure in the two regions.
5. See Appendix 1 for definitions of the various income indicators and the computing
methodology.
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Agrarian Crisis and Accumulation
6. The AHPLi for the ith peasant class is estimated using the poverty line “monthly per
capita expenditure” and the average family size for the ith peasant class using the
following relation:
AHPLI ¼ 12 * ½Poverty line MPCE * Average Family Sizei
Based on the 61st round of NSS data from the Consumption Expenditure Survey
(Report No. 508) and the Nutritional Intake in India (Report No. 513) for 2004–5, we
estimate that the MPCE required for attaining a consumption basket that embodies
a nutritional intake of 2200 KCal per capita per day is Rs. 704 and Rs. 573 for
Telengana and West Bengal respectively.
7. See Appendix 2, Table 4.A2.
8. There are rare exceptions such as South Korea and Taiwan that could transcend this
trend and achieve a structural transformation similar to early industrializers.
9. Irfan Habib (1995) estimated that as early as 1801, the tribute to Britain from
India alone constituted 30 percent of the former’s domestic savings. Again in
the late nineteenth century, the Indian tribute covered 40 percent of Britain’s
balance of payment (BoP) deficit with the rest of the world (Hobsbawm 1968).
The BoP deficit maintained by Britain at this juncture was crucial for its financial
hegemony over the world.
References
123
The Land Question in India
124
Agrarian Crisis and Accumulation
125
Part II
Legal-Institutional Dimensions of
“Regimes of Dispossession”
5
5.1 Introduction
The liberalization of the Indian economy since the early 1990s has ushered
in a new phase of conflict over land acquisition, where land is increasingly
being acquired by state governments for private investors (Bedi 2013; Levien
2013; Sud 2014).1 As a result, since the mid-2000s India has witnessed
thousands of small “land wars” (Levien 2012, 2013) that have centered
crucially on the forcible transfer of land from small and marginal farmers
or indigenous groups to industrial or residential use, or to special economic
zones (SEZ) (Jenkins, Kennedy, and Mukhopadhyay 2014).2 The resulting new
“multiscalar geopolitics of popular resistance” (Banerjee-Guha 2013: 167)
is often seen pitting marginal rural populations against a “neoliberal”
(Kapoor 2011) Indian “land-broker state” (Levien 2013) whose actions and
policies point to certain fundamental changes in the political economy and
structure of the Indian state in the context of economic reform (Chatterjee
2008; Gupta and Sivaramakrishnan 2011). In the current situation, the balance
of power has ostensibly decisively shifted in favor of corporate capital, which
now sets “the terms to which other political formations can only respond”
(Chatterjee 2008: 61). Yet, as several (partially) successful land struggles testify,
Indian politicians and state governments are not “immune to popular pressure”
(Sampat 2013: 19) emanating from social movements resisting new forms of
displacement and dispossession.
The Land Question in India
In this chapter we are specifically concerned with analyzing how law medi-
ates India’s current land struggles and to what effect. As Nandini Sundar (2011)
has succinctly observed, many of India’s land struggles have relied considerably
on a relatively new form of activism, which Sundar calls “law-struggles,” in
which collective action is increasingly geared toward achieving the introduc-
tion of laws that safeguard the rights, entitlements, and needs of subaltern
groups, including those threatened by displacement and dispossession. As a
sign of the increasing politicization of “the masses” and the maturation of
liberal democracy in India, “legal mobilization” by subaltern groups has, to
Sundar, never before been as important as it is today (Sundar 2011: 177).
As several of the chapters in this volume show, the significance of
“law struggles” is related to the state’s blatant misuse of the prior existing
land acquisition legislation, the Land Acquisition Act of 1894, which was in
effect until January 1, 2014. This act has been a major source of agitation for
civil society and subaltern movements over the past decade (Palit 2012: 6).
One key grievance has been that, whereas the Indian state has arrogated to
itself substantial legal powers to exercise the right of eminent domain, there
has been a consistent failure to put in place a legal regime that protects the
interests of marginal rural populations and that guarantees the right to
resettlement and rehabilitation for displaced groups (Levien 2011: 69).
Demands for modifications in the legal framework underpinning the exercise
of eminent domain has thus been high on the agenda of the many grassroots
organizations working to put a stop to the large-scale acquisition of land
for the benefit of private sector enterprises.3 These efforts were seemingly
crowned with success when, after a prolonged law-making process, the Lok
Sabha finally passed a new act in 2013, the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act
(LARR), which claimed to rectify this. According to its preamble, the new act
would ensure:
A humane, participative, informed and transparent process for land acquisition for
industrialisation, development of essential infrastructural facilities and urbanisa-
tion with the least disturbance to the owners of the land . . . and provide just and
fair compensation to the affected families whose land has been acquired . . . and
[ensure] that the cumulative outcomes of compulsory acquisition should be that
affected persons become partners in development. (Government of India 2013: 1)
Put in these terms, the aims of the act appear irreproachable. Yet, as we discuss
later, and as Malabika Pal’s contribution to this volume similarly brings out,
the preamble may well be seen to promise a good deal more than what the
letter of the law is capable of delivering.
In this chapter we map the emergence of this act to argue that, in the context
of mushrooming and often violent ongoing conflicts over land acquisition,
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Law Struggles, Lawmaking, and the Politics of Hegemony
The power of dominant groups, Gramsci (1998: 12) famously argued, finds its
manifestation in two ways: on the one hand in “the spontaneous consent
given by the great masses of the population to the general direction imposed
on social life by the dominant fundamental group” and, on the other hand, in
131
The Land Question in India
132
Law Struggles, Lawmaking, and the Politics of Hegemony
The controversy over the transfer of 997 acres of agricultural land from farmers
in West Bengal’s Singur block to Indian multinational Tata Motors in 2006 is
surely one of the most talked-about land struggles in India over the past
decade.4 The planned Tata Motors factory would produce the company’s
new flagship car, an affordable Indian version of the “people’s car” known
as Tata Nano and priced at only Rs. 100,000 (approximately USD 2,500 in
2006). The project itself was widely promoted as a concerted effort at rejuven-
ating industrial growth in West Bengal, a state that has over the past many
decades witnessed an accelerating relative decline in industrial production.
Yet, when local farmers learned that their land had been targeted for expro-
priation, a prolonged resistance erupted that raged throughout the latter half
of 2006 as villagers—under the aegis of its organizing committee, the Singur
Krishi Jomi Raksha Committee (Committee to Save the Farmland of Singur)—
staged rallies and demonstrations, and repeatedly blocked roads and railway
tracks. The protesters also clashed with the police on several occasions and
hundreds were badly injured or taken into custody (Nielsen 2008, 2010; Roy
2014: 160–7). In the process, the Singur movement attracted the support of a
large number of political parties, most notably the Trinamul Congress, the
leading opposition party in the state at the time, and non-governmental
organizations (NGOs), activist groups, and organizations such as the Associ-
ation for the Protection of Democratic Rights (APDR), the Institute for
133
The Land Question in India
Yet when the state government, given its firm commitment to bringing about
a quick march towards industrialization (Nielsen 2014: 85–90), showed no
interest in renegotiating the terms under which the land acquisition in Singur
stood to be carried out, the Singur movement increasingly judicialized as it
shifted its politics of resistance from the streets to the court in a strategic
attempt at “reading the law back to the state” (Chandra 2013: 55). In late
2006 and early 2007, a total of eleven petitions were brought before the
134
Law Struggles, Lawmaking, and the Politics of Hegemony
Calcutta High Court challenging the legality of the land acquisition. Some of
these were filed by the unwilling farmers themselves, while several others were
forwarded by some of the supportive organizations and activist networks,
including the APDR and FIAN. The ensuing law struggle would center crucially
on the legitimacy and meaning of the 1894 Land Acquisition Act (Nielsen
2015). It is therefore instructive to cast a quick look at some of the central
tenets of this act.
135
The Land Question in India
136
Law Struggles, Lawmaking, and the Politics of Hegemony
over the rights of vulnerable sections of society (Desai 2011; Deva 2009;
Sundar 2011).
Yet Singur’s law struggle had not been entirely in vain. The fact that the
nature and functioning of the 1894 Land Acquisition Act had been subject to
intense scrutiny and a long public debate that had involved dispossessed
populations, activist groups, NGOs, advocacy networks, and political parties
soon led to a broad call to change the legal framework under which land
acquisitions are carried out in India.
There were, however, other voices that also clamored for modification in
the legal framework underpinning the exercise of eminent domain, albeit
in a very different direction. As Sundar (2011: 175) writes, both “the dominant
capitalist class and ‘people’s movements’ . . . have an interest in working on
the state to change existing laws, but often to quite different ends.” Under the
old legal regime, and unlike what had been the case in Singur, industrialists
and business houses had often found land acquisitions to be a cumbersome
and slow affair. They had routinely been bogged down in court cases that
lasted for years if not decades, and which prevented the timely progress of
cost-intensive projects. In what Levien (2011: 67) aptly describes as a moment
of “political ju-jitsu,” when the “opponent’s momentum is used to your own
advantage,” investors and capitalist developers sought to use the momentum
generated by the many popular land struggles that occurred in the wake of
Singur to press for legal and policy changes that, while appearing to respond to
the critics of land dispossession, would in fact make it easier to acquire land for
private accumulation. And their voices carry weight. According to Chatterjee
(2008), the corporate capitalist class has emerged as the dominant group within
the state apparatus after 1991, increasingly displacing other formerly influential
groups, particularly the rich farmers and the salariat (see Bardhan 1998). There
were, in other words, several competing and not readily reconcilable aspir-
ations, interests, and ideologies that had to be balanced in order to construct a
compromise equilibrium.
The contours of this compromise first became visible when the incumbent
United Progressive Alliance government began the process of amending the
Land Acquisition Act of 1894 (Palit 2012: 3). The Union Ministry of Rural
Development had in fact embarked on this process already back in 1998, but
work only gathered pace in 2007, that is, in the immediate wake of Singur
(Ramesh and Khan 2015: 10–11). In December 2007, the Land Acquisition
(Amendment) Bill, 2007, was introduced in the Lok Sabha; it was later amended
and rechristened the Land Acquisition (Amendment) Bill, 2009, and was tabled
137
The Land Question in India
in the Lok Sabha along with the Resettlement and Rehabilitation Bill in that
year. In combination, the two bills sought to modify the exercise of eminent
domain; redefine the notion of public purpose; and improve the resettlement
and rehabilitation of the displaced.
In redefining public purpose, the Land Acquisition (Amendment) Bill intro-
duced the category of “useful to the general public,” under which state gov-
ernments retained the right to acquire any land it saw fit.9 Subsumed under
this category was, most importantly, “the provision of land for infrastructure
projects of the appropriate government, where the benefits accrue to the
general public.” “Infrastructure projects” in turn included power generation
and transmission; construction of roads, highways, bridges, airports, ports, or
rail systems; mining activities, educational, sports, healthcare, tourism, trans-
portation, space program, housing, water supply projects, irrigation projects,
sanitation and sewerage systems. For all intents and purposes, the inclusion of
all these activities in the category of “useful to the general public” constituted
a considerable broadening of the notion of public purpose as articulated in the
act of 1894.
In contrast, the draft bill eliminated the ability of state governments to
acquire 100 percent of the land required for a private company for a “public
purpose.” Instead, it introduced a clause that specified that only when a
private company had already directly acquired 70 percent of the land neces-
sary for a project deemed “useful to the general public” could the government
intervene to acquire the remaining 30 percent through eminent domain. This
so-called 70:30 clause seemingly reduced the state’s controversial role in land
acquisitions by making it mandatory that a private company ensure the
consent of the majority of the project-affected population. But at the same
time it diluted the crucial public–private distinction that critics of the draft
argued should be central to any use of eminent domain.
While the amended land acquisition draft bill could thus in key respects be
seen to expand the scope for state intervention in land transfers, the draft
Resettlement and Rehabilitation Bill contained progressive measures for the
dispossessed and displaced. The bill recognized the rights of the landless and
artisans to compensation, and not just the landowners. And it mandated that
those who had their land expropriated be given a house plot and money for
construction, compensation for cattle sheds, moving costs, a monthly subsist-
ence allowance at minimum agricultural wages, and a pension of INR 500 per
month. Given the absence of any mention of rehabilitation in the act of 1894,
this constituted a clear improvement.
The fact that the draft bills were thus strong on rehabilitation but weak
on limiting the exercise of eminent domain points to the contours of an
emerging compromise equilibrium on land acquisitions in India under which
state-led land transfers to private investors could continue and potentially even
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Law Struggles, Lawmaking, and the Politics of Hegemony
accelerate, albeit at a considerably higher cost. However, the two bills lapsed
with the expiry of the term of the fourteenth Lok Sabha and the subsequent
constitution of the fifteenth Lok Sabha in 2009. After that, the idea of simply
amending the existing act was abandoned and a complete rewriting of the law
initiated (Ramesh and Khan 2015: 11), eventually resulting in the Land Acqui-
sition, Rehabilitation and Resettlement Bill, 2011. This bill was, in turn,
redrafted between 2011 and 2013 until it was, in its final avatar, the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013, passed by the Lok Sabha in August 2013. It received the
assent of the president of India the following month and came into effect on
January 1, 2014.
The journey toward a passable new law on land acquisitions had apparently
been a bumpy one from the point of view of those entrusted with the respon-
sibility of drafting it. The Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act would be based on its
draft predecessors, the drafting of which had over time come to involve a
multitude of stakeholders espousing radically different goals. These included
different government ministries; the National Advisory Council chaired by
Sonia Gandhi; various national and regional political parties; state govern-
ments; NGOs; the Federation of Indian Chamber of Commerce and Industry
(FICCI); the Confederation of Indian Industry (CII); the Confederation of Real
Estate Developers Associations of India; and some multinational corporations,
to name just a few (Sud 2014: 45). The difficulties involved in treading a middle
path between these many different agendas was highlighted by Union Minister
for Rural Development, Jairam Ramesh, in two successive interviews with the
Indian magazine Frontline in 2013 (Rajalakshmi 2013b; Srinivasan 2013). Both
interviews focused on a publicly circulated penultimate draft of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement, and Ramesh spoke vividly of the tightrope that his ministry
had had to walk while drafting the bill:
Industry associations are very apprehensive that it will jack up [the] costs [of
acquiring land for private industries]. Vocal sections of civil society feel that
I have not gone far enough [to protect land owners]. I have to find a middle path.
I have struck a balance . . . I feel satisfied that civil society is unhappy with the bill
for not being progressive enough; industry is unhappy with the bill for being
too progressive. If everyone is unhappy, then I think it is a good bill (Rajalakshmi
2013b: 34) . . . If I have succeeded in displeasing Medha Patkar on the one side and CII
/ FICCI on the other, it means I have done something right. (Srinivasan 2013: 105)
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The Land Question in India
The definition of “public purpose” in the Bill begins with state projects: Two
clauses on defence, transportation, irrigation, power, etc., and three clauses on
project-affected people, weaker sections, displaced persons, and persons affected
by natural calamities. Clause (vi) brings in “Public Private Partnership projects”.
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Law Struggles, Lawmaking, and the Politics of Hegemony
And finally in clause (vii) comes this: “The provision of land in the public interest
for private companies for the production of goods for public or provision of public
services”. This could mean almost anything. Certainly the entire manufacturing
sector can be included in this, possibly much of the service sector too. This is
business as usual.
To staunch critics, however, it was business worse than usual. Rather than truly
safeguarding the rights and interests of vulnerable sections of society, they
saw the bill in effect making the process of acquiring land easier by further
diluting the notion of public purpose; and facilitating rather than checking
the transfer of resources to the private sector (Desai 2011). This, they argued,
reflected the persistence of a misleading belief that the solution to the
conflict over land acquisitions could be found within the logic of the market
(Sarkar 2011: 36).
Between 2011 and 2013, the 2011 draft bill was subject to further revisions
and proposed amendments until it was finally passed in August 2013. While
the rehabilitation and resettlement clauses were, as we show later, carried over
into the final version of the act in only slightly modified form, Frontline
claimed that attempts had been made between 2011 and 2013 to:
Water down the present draft . . . under pressure from industry. Comments
received from the Ministry of Commerce and Industry and the Ministry of Urban
Development . . . indicate that there is considerable pressure to dilute the consent,
compensation and rehabilitation features. Two rounds of meetings of the GoM
[Group of Ministers] have taken place, and by all standards, it appears that the
consensus is on making the final version of the Bill investor-friendly.
(Rajalakshmi 2013a: 32)
Frontline claimed that the tendency had been to amend the bill:
More in response to protests from those representing the interests of the corporate
sector rather than taking into account the serious criticisms that have come from
organisations representing the interests of farmers and others whose livelihood is
linked to land. (Rajalakshmi 2013a: 35)
This consolidates the view that the definition of public purpose has been
widened to further the government’s objectives relating to foreign direct invest-
ment (FDI) in multi-brand retail and other policies. Public purpose also includes
acquisition of land for use by public–private partnership (PPP) projects where the
ownership of the land will continue to be vested in the government.
(Rajalakshmi 2013c: 32)
Fears that the bill would once again prove to be strong on rehabilitation and
resettlement, but weak in terms of limiting the potential for the overt misuse
of eminent domain were not unfounded. In the final version of the act,
“public purpose” included inter alia infrastructure projects relating to agricul-
ture, agro-processing, cold-storage facilities; industrial corridors and mining
141
The Land Question in India
142
Law Struggles, Lawmaking, and the Politics of Hegemony
occurring in India, even if clause 105(3) in the act specified that the exempted
thirteen acts should be brought within its full ambit within one year. As we
suggest in our conclusion, it is precisely this combination of seemingly gen-
erous provisions for resettlement and rehabilitation with a widening of the
definition of public purpose that constitutes the locus of the attempt to
negotiate a compromise between dominant and subaltern groups that will
enable land acquisitions—and more generally, the project of neoliberal
restructuring—to proceed in the long run.
Barely six months after the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act came into effect, India
had a new BJP-led government that was committed to further liberalizing and
economically “enabling” reforms as perhaps no other Indian government in
the past had ever been. When the current prime minister, Narendra Modi,
campaigned in 2014, he framed his campaign around the trope of acche din, or
“good times,” promising that he would do for India what he had done for his
home state of Gujarat over more than a decade, namely generate high eco-
nomic growth rates that would, or so it was projected, translate into “good
times” for most Indians, and not least the “neo-middle class” (Jaffrelot 2015)
who aspire for upward mobility and an improved quality of life. The means to
this end was to “expand modern infrastructure amenities and mass employ-
ment opportunities through rapid industrial growth across the country”
(Ruparelia 2015: 755). One of the first signs of this policy emphasis was the
government’s attempt to amend the Right to Fair Compensation and Trans-
parency in Land Acquisition, Rehabilitation and Resettlement Act, a move
that followed intense lobbying and pressure by industry groups in the wake
of Modi’s electoral win (Verma 2015). This was done by introducing an
ordinance in late December 2014 that modified several key provisions in the
2013 act. Among the provisions that were modified were the elimination of
the earlier mentioned 80:20 and 70:30 clauses (for private and public–private
projects respectively) for five categories of projects: defense, rural infrastruc-
ture, affordable housing, industrial corridors, and infrastructure projects.
Moreover, while the 2013 act had made social impact assessments mandatory
for all projects except irrigation, the ordinance did away with this provision
for projects falling into the five abovementioned categories. Several other
protective clauses were also done away with; for example, the definition of
public purpose was expanded to allow governments to acquire land for private
hospitals and educational institutions; the definition of the kind of private
entities for whom land can be acquired was widened; and the stipulation that
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The Land Question in India
acquired land lying unused for five years must be returned was removed
(Ramesh and Khan 2015: 124–30). At the same time, the government brought
the thirteen hitherto exempted acts in Schedule Four under the purview of the
act (and issued a limited job guarantee to affected families), as indeed it was
compelled to do as per “safeguards” built into the 2013 act (Ramesh and Khan
2015: 125).
As may be expected, industry was delighted with this turn of events.
Both CII and the Associated Chambers of Commerce and Industry of India
(ASSOCHAM) announced that they “wholeheartedly” welcomed the ordin-
ance, and the CII—in a statement that testifies to the importance of business
lobbying for changes to the 2013 act—declared that it was particularly pleased
that the government had “incorporated our suggestion to exempt important
sectors like defense, rural electrification, rural housing, and industrial corridors
from the mandatory 80 percent consent from affected families” (cited in
Rajalakshmi 2015).
Because ordinances lapse after some time and cannot be repromulgated
endlessly, the government sought to turn it into law by passing the Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement (Amendment) Bill, 2015, in the Lok Sabha (where it holds a
majority) in March 2015. However, the bill met with strong opposition both
inside and outside parliament. Social movements and farmers’ organizations—
including the BJP’s own farmers’ front, the Kisan Sangathan—protested the bill
as an infringement on their rights and hard-won victories in the making of the
2013 act. The proposed new bill ultimately foundered in the Rajya Sabha where
the National Democratic Alliance (NDA) does not have a majority. For that
reason, the ordinance was repromulgated three times between December 2014
and May 2015 until it was finally allowed to lapse in August 2015. At the time,
Modi blamed “so many rumors” for derailing the passing of the bill, while also
reassuring concerned farmers that “every voice in the nation is important and
the voice of farmers has a special place” (cited in The Assam Tribune, August 30,
2015). At this point, a Joint Parliamentary Committee (JPC) was set up to
deliberate on the proposed changes to the 2013 act, but at the time of writing
this it is still unclear what the outcome of the JPC will be.
5.8 Conclusion
144
Law Struggles, Lawmaking, and the Politics of Hegemony
145
The Land Question in India
purposes. On the one hand, it makes it possible for the Indian state to
consolidate the restructuring of India’s political economy in a direction that
creates spaces of accumulation for private and globalized capital, and thus to
emerge as a more fully-fledged “neoliberal state” (Harvey 2006). On the other
hand, the fact that public purpose has been defined in such wide terms might
work to constrain the political space in which social movements can articulate
political projects that challenge the form and direction of development in
contemporary India; and in particular in terms of the role of the state and its
obligation to be accountable to those groups who have lost the most and
gained the least from neoliberalization.
Notes
1. This chapter draws extensively on arguments we have made elsewhere (Nielsen and
Nilsen 2015). We thank Achin Chakraborty and Anthony D’Costa for their con-
structive comments.
2. Neither land dispossession and displacement, nor the popular resistance to it are
phenomena exclusively associated with economic liberalization and the ascent of
market forces, even if popular resistance has certainly proliferated over the past ten
years when compared to, for instance, the early Nehruvian period (Pedersen 2017).
Indeed, Chakravorty (2013: xxiii) estimates that more than 90 percent of all land
“converted” since 1947 was taken by the state for state infrastructure projects.
3. See Pal (Chapter 6, this volume) for an overview of economic arguments around
eminent domain.
4. While no comprehensive survey of the social composition of Singur’s unwilling
farmers exists, an average land holding in Hooghly district where Singur is located
is 1.63 acres (Government of West Bengal 2007: 36). The average landholding in
Hooghly is thus “marginal” (i.e., less than 2.5 acres) in the official system of
classification. More generally, in Hooghly district, a full 97.18 percent of all
holdings are either “marginal” or “small” ’ (2.5–5.0 acres). A survey conducted by
Nielsen in Singur in 2009 covering more than 140 affected households revealed an
average landholding of less than one acre per household prior to the land
acquisition.
5. In late 2008, however, Tata Motors decided to abandon their plant in Singur. But the
land remains in their possession and it has been impossible to carry out a legally
valid process of land restitution.
6. In accordance with the provisions of the 1894 Land Acquisition Act, each land loser
in Singur was offered a cash compensation based on the estimated market value of
the land at the time of the acquisition (approximately INR 600,000 per acre for
mono-crop land; INR 900,000 per acre for multi-crop land) in addition to a 30
percent solatium (i.e., compensation for inured feelings as distinct from financial
loss or physical suffering), a 12 percent per annum interest (calculated for the
period between the issuing of the notification and the actual acquisition and
146
Law Struggles, Lawmaking, and the Politics of Hegemony
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The Telegraph, March 30. Available at: <http://www.telegraphindia.com/1070330/asp/
opinion/story_7580979.asp> (accessed February 2, 2016).
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Acquisition in India’s West Bengal.” In Rights and Legal Empowerment in Eradicating
Poverty, edited by D. Banik, Farnham: Ashgate, 217–46.
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sition and Protest in West Bengal.” Forum for Development Studies, 37(2): 145–70.
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tion Politics in Singur, West Bengal.” PhD Dissertation, University of Oslo.
Nielsen, K. B. 2015. “Law and Larai: The (De)Judicialisation of Subaltern Resistance in
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Nielsen, K. B. and Nilsen, A. G. 2015. “Law-Struggles and Hegemonic Processes
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Malabika Pal
6.1 Introduction
152
Scrutiny of the Law and Its Interpretation
beneficial. Section 6.3 examines the New Land Act or LARR to find out whether
the claim of “fairness” is a legitimate one and briefly outlines the legislative
changes in the New Land Act that the central government sought to introduce.
Section 6.4 examines the role of the judiciary in interpreting the Land Acquisi-
tion Act, 1894. This is done because judicial interpretation affects morale in a
significant way. Also, one needs to see whether the judiciary is taking public
perceptions into account while arriving at the verdicts. The concluding section
examines the relevance of Michelman’s framework in the context of the land
question in India today. It highlights the even greater need to take account of
social discontent for policy formulation because the land acquisition and
rehabilitation issues have resulted in widespread protests and have also become
an area of intense research and public scrutiny.
The property of subjects is under the eminent domain of the state, so that the state
or he who acts for it may use or even alienate and destroy such property, not only
in the case of extreme necessity, in which even private persons have a right over
the property of others, but for ends of public utility, to which ends those who
founded civil society must be supposed to have intended that private ends should
give way. But it is to be added that when this is done the State is bound to make
good the loss to those who lose their property.
The rationale for the power of eminent domain has been traced to the reasons
for the formation of the state. Epstein (1985), in his analysis of the takings
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154
Scrutiny of the Law and Its Interpretation
that is, the transactions are interconnected. Holding out in the form of pure
and mixed strategy equilibria always occurs when complementarity is suffi-
ciently high. The existence of complementarity means that the value of the
combined plot is greater than the stand-alone value of the individual plots.
The owner of a plot or owners of two or more separate plots find it in their
interest to hold out and thereby delay the negotiations to capture a large share
of the residual surplus (Menezes and Pitchford 2004; see also Roychowdhury
and Sengupta 2012).
Another possibility is that the existing owners could wait and not enter the
bargaining process in order to capture the external benefits such as the rise in
price of the adjoining land resulting from the completion of the project
(Grossman and Hart 1980). Further, a situation could arise where the owners
may not want to sell for any price that the state is willing to offer (Alpern and
Durst 1984). It has been suggested, therefore, that eminent domain does not
have many close substitutes for resolving multiparty strategic bargaining.
As justification for the use of eminent domain, the means–ends distinction
has been made (Merrill 1986). “Means” refers to the need for land assembly
and “ends” refers to the objective of providing public goods. Four possible
cases can be identified. The one that involves a public good with an assembly
problem is the one in which the use of eminent domain is justified by both
approaches. Since the government can finance public goods through taxation,
there is no need to use the eminent domain power when an assembly problem
is not there. In the case where a private good requires land assembly, as occurs
when a car manufacturer wants to set up a plant,10 the means approach
justifies the use of eminent domain but the ends approach does not.11
Munch (1976) examined the prices paid for land acquired for three large
projects by the Chicago Department of Urban Renewal and concluded that
prices paid under eminent domain differ systematically from the “fair market
value” standard. Higher-valued properties tended to get proportionately larger
settlements (about one-third more than market value) because they hired better
lawyers, and low-valued properties received less than market value. She could
not obtain a comparable set of data for free-market assemblies and concluded
that her results “leave unproved” the superiority of eminent domain to market
acquisition (Munch 1976: 495).
We can say that the eminent domain clause with the two limitations of public
purpose and just compensation was meant to be a protection for individuals
against the state. The economic justification lies in huge costs of assembling
plots of land since individual owners could delay the bargaining process to
obtain higher gain for themselves. In case of a private good the use of the
eminent domain route has often been justified on the grounds of ends. However,
there is no unequivocal evidence that eminent domain is superior to the free
market for land assemblies.
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Scrutiny of the Law and Its Interpretation
Jones’s bundle contains but a single user right, it is nonetheless protected against a
taking by the clause. (Ackerman 1977: 28)
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He drew upon the utilitarian property theory of Bentham and argued that
collective allocational decisions that are accompanied by particular distribu-
tions are compensable or not depending on whether they are “critically
demoralizing.” According to Bentham, property is a collection of rules that
govern the exploitation of resources and therefore form the basis of expect-
ations. Unpredictable redistributions would therefore destroy the security of
future enjoyment of the product and would affect the morale. However, not
all redistributions are totally demoralizing and a line can be drawn between
compensable and non-compensable collective impositions.
According to Michelman’s utilitarian standard, in deciding whether a gov-
ernment action was a taking that requires compensation, three factors need to
be considered: efficiency gains, demoralizing costs, and settlement costs.
Efficiency gains are “the excess of benefits produced by a measure over losses
inflicted by it, where benefits are measured by the total number of dollars
which prospective gainers would be willing to pay to secure adoption,
and losses are measured by the total number of dollars which prospective
losers would insist on as the price of agreeing to adoption” (Michelman
1967: 1214). This can be denoted by B (benefits) C (costs). Demoralization
costs (D) consist of “the total of (1) the dollar value necessary to offset
disutilities which accrue to losers and their sympathizers specifically from
the realization that no compensation is offered,20 and (2) the present capital-
ized value of lost future production (reflecting either impaired incentives or
social unrest) caused by demoralization of uncompensated losers, their sym-
pathizers, and other observers disturbed by the thought that they themselves
may be subjected to similar treatment on some other occasion.” (Michelman
1967: 1214). Settlement Costs (S) are “measured by the dollar value of time,
effort, and resources which would be required in order to reach compensation
settlements adequate to avoid demoralization costs” (Michelman 1967: 1214).
In other words, demoralization costs are those that arise when there is no
compensation, settlement costs arise when compensation is paid. Accor-
ding to Michelman, a government measure whose dollar benefits exceed
costs should nevertheless not be adopted if the net benefit is exceeded by
both demoralization costs and settlement costs. Symbolically, a utilitarian
does not undertake the project if (B C) < min (D, S). If net benefits are
positive and greater than either settlement or demoralization costs (or
both), the lower S or D should be incurred. That is, the government should
pay if (B C) > S and S < D. On the other hand, the government need not pay
if (B C) > D and D < S.
We note that per the framework proposed by Michelman, an acquisition
should not occur even if the monetary benefits exceed costs, when the demor-
alization and settlement costs exceed the benefits. He identified certain
“sources” of these costs; one such source is in the distinction between
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Scrutiny of the Law and Its Interpretation
The Indian government was forced to take into account the discontent over
the land acquisition process carried out over the decades since independ-
ence. This is evident from the various attempts made to formulate a legally
enforceable national rehabilitation policy, since the Land Acquisition Act,
1894 only dealt with the process of acquisition and determination of mon-
etary compensation. The latest notified version was the National Rehabili-
tation and Resettlement Policy (NRRP), 2007, which was abandoned after it
came in for sharp criticism.24 After taking suggestions from the Standing
Committee on Rural Development (2007–8/2012) and the National Advis-
ory Council, a new bill was proposed in 2011 titled the Land Acquisition
and Rehabilitation and Resettlement Bill. The final version is the latest
Right to Fair Compensation and Transparency in LARR, 2013. This section
analyzes the background to the enactment of this New Land Act and the
pressures that compelled the government to attempt a semblance of fair-
ness. It then examines the new legislation to find out whether the claim of
fairness is a legitimate one. This is done by a scrutiny of the provisions to
see if an attempt is made to actually take into account the demoralization
costs discussed earlier. The provisions of the land Ordinance will also be
discussed briefly.
6.3.1 Discourse on the Compensation Question prior to the New Land Act
Land acquisitions had been going on both prior to and after independence
without any uniform and enforceable compensation framework. Millions of
people have been displaced and protests have taken place in various parts of
the country.25 There had been a steady demand for amendment of the colo-
nial Land Acquisition Act, 1894 and its replacement by new legislation. Prior
to the recent enactment of the New Land Act, there have been seventeen
amendments to the prevailing Land Acquisition Act, 1894, with two import-
ant ones being in 1962 and 1984. When plans to amend the archaic act were
initiated and a bill circulated for public response in 1998, it came in for sharp
criticism (Asif 1999; Pinto 1998). Asif (1999) noted that the government
has acknowledged that land acquisition and displacement have resulted in
protest movements marked by growing militancy and argued that the
absence of transparency makes the act one of the most misused civil laws
in the country.26 Since the district collector’s role is decisive in the entire
process of acquiring land and awarding compensation, he criticized this
collector-centric procedure and called for a paradigm shift to democratize
the acquisition process. He argued that land should be made available for
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genuine public purposes and that the land losers should not be impoverished
in the process. Pinto (1998) echoed the same viewpoint calling for a national
debate on the issue.
A national debate started in 2007 with the violence in Nandigram and
Singur in West Bengal and the relocation of the Tatas to Gujarat. The poll
debacle of the left-front government placed the land and rehabilitation issues
in the forefront of discussion and debate. In fact, Guha (2007; also Chapter 12
in this volume) while examining the case of the pig-iron manufacturing plant,
Tata Metaliks, which was set up in Kharagpur in 1992, argues that the acqui-
sition case did not see any of the popular opposition witnessed in Singur and
Nandigram.27 Apart from Singur, many cases have been documented and
scrutinized by researchers. For instance, specific case studies have been analyzed
for land acquisition in Assam (Gohain 2006), Hyderabad (Reddy and Reddy
2007), Andhra Pradesh (Balagopal 2007), Bhatta-Parsaul in Uttar Pradesh
(Kumar 2011), Rajasthan (Levien 2011), Jharkhand (Lahiri-Dutt, Krishnan,
and Ahmad 2012), and in Pune, Maharashtra (Sathe 2014), among others.
We categorize the discourse on the land question around the three issues:
whether acquisition should take place at all, when compensation should be
paid, and what constitutes “fair” compensation. Regarding the first issue,
Sampat (2013) examines the eminent domain power in the Indian context
and like Iyer (2007) argues: “acquisition needs to be made contestable not
merely in regard to compensation, but also in relation to the public purpose”
(Sampat 2013: 43). She further argues: “Given the expanded scope and the
conflation of private interest with public purpose, the power of eminent
domain now seems set to engender large scale ‘accumulation by dispossession’
(Harvey 2005); its only counter being popular resistance to dispossession”
(Sampat 2013: 46). It has been emphasized that it is not imperfect land
markets that have resulted in resistance to acquisition but the nonexistence
of land markets: there are often no “willing sellers” for a particular land,
although there are buyers. Chakravorty (2013) calls these lands “priceless”
and advocates that they should be kept out of the purview of acquisition.
The second issue relates to the question of when compensation should be
paid. In India, when consent has not been forthcoming, the legal owners have
been forced out of their lands and compensation denied. For instance, when
mining projects face resistance, residents have been forced to leave the area
through blasting operations in adjacent plots. There are instances when
ponds, which are the mainstay of villagers, have been polluted or work on
dams started so that the people residing in adjacent areas may be moved out
on grounds of threat of subsidence. It is only when land is acquired using the
Land Acquisition Act that one can make a claim for compensation. Unlike in
the United States, where the question of what constitutes a “taking” has been
subject to intense scrutiny, this has not been done in India. Only in the case of
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those people who do not directly own land but are dependent for their
livelihoods on the land being acquired that the question arises whether
compensation should be paid at all.
The question of what constitutes “fair” compensation has been the focus
of public discourse in India. Numerous suggestions have been given with
the view to making the people partners in the process of development.
The Land Acquisition Act, 1894 took the market value as the bench mark
and a solatium was awarded over and above that to factor in the compulsory
nature of the transaction. However, this method came in for severe criticism
(see, for instance, Morris and Pandey 2007). Various suggestions have been
made, including an option pricing method (Marjit 2010) and land auctions
(Ghatak and Ghosh 2011), among others. The crux of the arguments is that in
cases of compulsory acquisition there is no willing seller–willing buyer market
scenario, so market prices cannot be used as an indicator of value for the parties
involved.28 It is against the backdrop of this kind of discourse that the New Land
Act came into force.
The appropriate Government shall ensure that (a) there is a legitimate and bona
fide public purpose for the proposed acquisition which necessitates the acquisition
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The Land Question in India
of the land identified; (b) the potential benefits and the public purpose referred
to in clause (a) shall outweigh the social costs and adverse social impact as
determined by the Social Impact Assessment that has been carried out; . . . . [8(1)]
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Scrutiny of the Law and Its Interpretation
regarded as one of the major flaws of the Land Acquisition Act, 1894. Also, the
delay in getting compensation could turn out to be disastrous for the families
who subsist on the produce of the land. An interest rate of 12 percent [30(3)]
would be nominal considering the usurious rates charged in rural areas. This
difference itself could lead land losers into a debt trap. On the whole, we find
that there are no provisions in the New Land Act that make the claim of
“fairness,” “humane,” or “transparent” justified. The collector is the all-
powerful entity and this colonial construct would continue to “rule”; in fact,
by bringing in public–private partnerships, this power has only expanded.
An Ordinance was promulgated on December 31, 2014, which made such
draconian changes to the provisions of the New Land Act that the latter
appeared humane by comparison. The most significant change was the
removal of the three important restraints introduced by the New Land Act:
social impact assessment, consent requirements, and restriction on acquisi-
tion of multicrop land for four additional categories of projects apart from
national defense. These were rural infrastructure including electrification,
affordable housing and housing for the poor, industrial corridors, and infra-
structure including projects under public–private partnership where the
ownership of land continues to vest with the government. Although this
provision specified four categories, they covered most of the cases for which
land is required. Moreover, in both the old and new land acts, it was the
urgency clause that exempted projects from cost–benefit analysis and courts
had often struck down attempts to use it. The Ordinance sought to legitimize
the urgency provision for a whole range of projects. The other change that
significantly expanded the scope of eminent domain was the substitution
through clause (yy) in Section 3 of the New Land Act: the term “private entity”
in place of “private company,” where the former would include “any entity
other than a Government entity or undertaking and includes a proprietorship,
partnership, company, corporation, non-profit organisation or other entity
under any law for the time being in force.” Further, in Section 101 the period
for return of unutilized land was changed from five years to “a period specified
for setting up of any project or for five years, whichever is later.” The time
required for setting up the project could be increased so much that the
provision would be nullified. The New Land Act had increased the account-
ability of officers who were entrusted to implement the law. The Ordinance
diluted this by mandating that prior consent was needed from the govern-
ment before the officers could be penalized.
The Ordinance met with severe criticism from across the board. The central
government, however, only retreated from its position after several months
when the Ordinance, which was re-promulgated for the third time, was
allowed to lapse on August 31, 2015. A bill incorporating the changes was
passed in the Lok Sabha in March 2015 but failed to garner the requisite
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The Land Question in India
numbers in the Rajya Sabha of the Indian Parliament. The resolve of the ruling
party (BJP) to continue to push through the draconian changes shows that
they had the confidence that these sweeping changes would be accepted in
the name of economic development. However, most of the other political
parties were not willing to face the wrath of the farmers and their concerted
resistance indicates that they did not want to risk an electoral debacle on this
highly contentious issue.
Now whether in a particular case the purpose for which land is needed is a public
purpose or not is for the State Government to be satisfied about. If the purpose for
which the land is being acquired by the State is within the legislative competence
of the State the declaration of the Government will be final subject, however, to
one exception. That exception is that if there is a colourable exercise of power the
declaration will be open to challenge at the instance of the aggrieved party.33
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Scrutiny of the Law and Its Interpretation
In R L Arora v The State of Uttar Pradesh,35 which related to a case in which land
was acquired for an industrialist in Kanpur for a textile machinery parts
factory, the Supreme Court set aside the acquisition and concluded that the
intention of the legislature was that land should be acquired only when the
work constructed was directly useful to the public and the public would be
entitled to use the work for its own benefit. However, this stance was over-
turned in the case of Somawanti mentioned earlier.
The courts have also upheld the interest of the individual in some cases.
In the case of Gadigeppa Mahadevpa Chikkumbi v State of Karnataka,36 where the
acquisition deprived the petitioner of his sole means of livelihood as an
agriculturist, his fundamental right to pursue his occupation as assured
under Article 19(1)(g) of the Constitution of India was taken away; it was
held that the acquisition of land in the garb of public interest was unsustain-
able.37 However, there have been instances in which the judiciary has upheld
acquisitions on behalf of the private companies as public purpose acquisition
as long as a part of the compensation cost was paid out of the state exche-
quer.38 In a more recent case,39 the Supreme Court extended the scope of
public purpose stating: “If the project taken as a whole is an attempt in the
direction of bringing foreign exchange, generating employment opportun-
ities and securing economic benefits to the State and the public at large, it will
serve public purpose.” However, within the first six months of 2011, the
Supreme Court quashed attempts by state governments to use emergency
provisions in the law to deny farmers their right to object to acquisition.
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Scrutiny of the Law and Its Interpretation
We find that the discourse on land acquisition in India is mainly around the
two restraints: public purpose and just compensation. In recent times, acqui-
sition of land by the government on behalf of companies has become highly
contentious. While some argue for voluntary transactions, others call for some
regulation of these voluntary transactions; still others argue that in the case of
large-scale land acquisition for industry, the state’s participation is essential
(Banerjee et al. 2007; Ghatak and Ghosh 2011). In fact, Ghatak and Ghosh
(2011: 71) argue:
The market often works well in arranging bilateral transactions, but its effective-
ness drops exponentially as the number of parties to the transaction grows large,
especially in a country like India where property rights are poorly defined, land
records are fuzzy and courts work at a glacial pace.
In Singur itself, the 1,000 acres of land acquired belonged to 12,000 owners,
indicating that transaction costs are high due to negotiations with innumer-
able owners for a particular plot of land.45 As the last decade has shown, land
acquisitions under the old act had taken place for private companies purport-
edly for public purpose but almost all the surplus created went to the new
owners.46
In the Indian context, it would be useful to calculate the settlement costs
involved in compensation in addition to the usual cost–benefit analysis. It is
only right that the gains from the land transfer should be shared with the owners
of the asset to make them partners in development.47 Using Michelman’s
framework, one can say that incorporating both settlement and demoralization
costs in the utilitarian standard on an ex-ante basis would mean that not every
project that serves a public purpose and has positive efficiency gains should be
undertaken, that is, many projects would not be cost effective. This would reduce
the scope of using eminent domain and also make the land transfer less prone to
social unrest. The more doubtful the “public purpose,” the higher the demoral-
ization costs associated with the project. It has been documented how the stated
public purpose has not materialized in numerous projects and those affected
have often faced multiple displacements without any compensation (see
Hardikar 2013). The solatium of 100 percent that the New Land Act stipulates
would not be able to capture these costs since many may not be willing to part
with land at any price.
India is at a crucial juncture in its development path and the need for land
for purposes of industrialization will only grow. The New Land Act has been
called pro-peasant and anti-corporate and it has been argued that the costs
of projects would escalate, the latter used as justification for the Ordinance.
Our analysis of the provisions show that using Michelman’s framework to
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The Land Question in India
Acknowledgments
I thank Anthony D’Costa for his incisive comments at various stages in the revision
process.
Notes
1. This was done on the insistence of Rahul Gandhi, the vice-president of the All India
Congress Party and a contender for the post of prime minister in the Parliamentary
elections in May 2014. An alternative title suggested by the National Alliance of
People’s Movements (NAPM) was “Development Planning, Resettlement and
170
Scrutiny of the Law and Its Interpretation
Rehabilitation Bill.” There is a clear indication that the ruling government wanted
to emphasize the “fairness” part, rather than “development.”
2. These protests have intensified into militant opposition in some parts of India.
3. Fisher (1988) highlights the significance of public perceptions of the takings
doctrine.
4. The Bharatiya Janata Party (BJP), which came to power in May 2014, attempted to
alter the legislative framework. However, it failed to garner support from other
political parties and had to retreat from its position. The changes that were sought
to be introduced were drastic and will be discussed subsequently.
5. Section 3 of Chapter I of the New Land Act provides the categories of people who
would be considered “project affected.”
6. Singh (2012) notes that the use of eminent domain for private projects has been
more controversial in land-abundant United States than in relatively land-scarce
England. This is because the power to grant permission rests with the office of the
deputy prime minister, which ensures that there is no competition by local author-
ities to give away land to the private companies at cheap rates. Chandra (2008)
shows in his analysis of the Singur case in West Bengal how the states were
competing with each other in offering the “best package” of subsidies to industry.
7. De Jure Belli Et Pacis (1625).
8. We note that this protection is effective only when the acquisition is accompanied
by just compensation.
9. In two articles, Coase (1959, 1960) propounded what has become the celebrated
Coase Theorem.
10. Two instances are used of eminent domain for acquisition of land for General
Motors in Poletown, Detroit, USA, and for Tata Motors in Singur, West Bengal,
India.
11. The recent land acquisition for the private sector shows that often land of a specific
nature is not required, although there is a land assembly problem. Justification in
terms of the ends approach gives rise to strained reasoning triggering protests all
over the country.
12. In India, as elaborated later, this area is fraught with confusing rules and judgments.
13. In Mugler v Kansas 123 U.S. 623 (1887).
14. See Fischel (1995) for a detailed study of what is called regulatory takings in the
USA.
15. 260 US 393, 412–16 (1922).
16. 348 US 26, 32–4 (1954).
17. For instance, in R L Arora v The State of Uttar Pradesh [AIR 1962 SC 764], it was stated
that land should be acquired only when the work constructed would be used
directly by the public for its own benefit. See Section 6.4 of this chapter.
18. For instance, Pune Divisional Commissioner Prabhakar Deshmukh was accused in
this connection. Available at: <http://www.moneylife.in/article/how-rti-activist-
exposed-pune-div-commissioner-prabhakar-deshmukhs-landscam/36456.html?
utm_source=PoweRelayEDM&utm_medium=Email&utm_content=Subscriber%
2361608&utm_campaign=Today%27s%20Exclusives%2020%20feb%202014>
(accessed February 20, 2014).
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Scrutiny of the Law and Its Interpretation
the acquisition for the companies under Part II of the Land Acquisition Act, 1894.
See also Pratibha Nema v State of MP, AIR 2003 SC 3140.
39. [1] Sooraram Pratap Reddy and Others; [2] Suraram Krishna Reddy And Another;
[3] V. Krishna Prasad; [4] A.L. Sadanand; [5] Malla Reddy And Others; [2] District
Collector, Land Acquisition And Others; [3] Government of Andhra Pradesh and Others;
[4] District Collector and Others 2008 (9) SCC 552.
40. AIR 1995 SC 142; Supp (1) SCC 596; (1994) Supp 1 SCR 807.
41. AIR 1952 SC 252.
42. In State of West Bengal v Arun Kumar (1984) CLJ 220 (DB), it was held that Section 23
is not exhaustive.
43. Union of India v Pramod Gupta, 2005 AIR SCW 4645; JT 2005 (8) SC 203; 2005 (7)
scale 187; AIR 2005 SC 3708; (2005) 12 SCC 1.
44. Singh’s analysis (2012: 48) of 325 High Court Cases in Punjab and Haryana
revealed that litigation benefits high value properties more because the burden to
prove the market value is on the owner although all the relevant information
regarding land records is possessed by the government and richer farmers have
more resources for litigation.
45. Levien (2011) has argued: “The law only requires that a majority of land be
purchased, not a majority of land-holders agree to surrender their land.”
46. Chandra (2008) shows that the claim of fulfilling the public purpose of “generating
employment” does not stand the test of scrutiny.
47. Levien’s (2012) study of Mahindra World City (MWC) on the outskirts of Rajasthan,
on whose behalf the Rajasthan State Industrial and Investment Corporation
(RIICO) acquired land, revealed that even if four times the price had been paid,
MWC would still have been left with a large profit.
References
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175
7
7.1 Introduction
The high rate of economic growth in India since the mid-1980s has led to a
sharp increase in the demand for land and other natural resources by capital.
This has resulted in widespread dispossession of peasants and other commu-
nities from their traditional habitats, loss of control over their means of
production and subsistence and access to common property resources. Con-
sequently, in recent times there has been a huge upsurge in conflicts between
the state and private capital on one side and the dispossessed communities on
the other, with various political and civil society groups often joining the
latter in their resistance to the former.
This is particularly salient in the context of tribal communities (adivasis)
due to their multiple and intimate connections with land and natural
resources, particularly forest resources in the case of forest-dependent com-
munities.1 The significance of the “land question” in adivasi areas becomes
evident from the fact that as per the census of India, 2011, the Scheduled
Tribes, with more than 100 million people constituting over 8 percent of the
total population, are heavily concentrated in states that are rich in forest and
mineral resources.2 The dispossession of adivasis of their customary and trad-
itional rights to land and forest resources looms large across modern Indian
history, both colonial and postcolonial. The adivasis have been brought to the
heart of political economy in India in the current conjuncture by, first, the
political resistance of the adivasis to their forcible dispossession by the state
and private capital (Dandekar and Choudhury 2010), and second, largely in
response to these movements, a series of radical legislation actions such as the
The Adivasi Land Question
Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) and the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 (FRA).3 These acts seek to significantly decentralize the governance struc-
ture of the areas that are densely populated by the adivasi communities (i.e., the
Fifth Schedule areas as defined by the Constitution) by enabling self-
governance mechanisms, as well as to provide constitutional recognition of a
wide range of traditional rights of the adivasis over forest lands and resources.
Together, PESA and FRA could alter the relation between the adivasis and the
state in a more fundamental way than any other legislation in independent
India.4 These legislative acts not only seek to grant autonomy to adivasi com-
munities defined at the local level, but also make it mandatory to obtain their
consent before any acquisition of the resources can take place.
However, despite this legislation, dispossession of the adivasis has
continued—and even intensified—in recent times. Further, since their prom-
ulgation, PESA and FRA have faced continuous opposition to their implemen-
tation, including attempts to dilute those provisions in the acts that protect
adivasi autonomy and rights over land and forest resources. The dual processes
of recognition and violation of adivasi rights present a specific conundrum. In
legislating PESA and FRA, the Indian state comes through as an empowering
agency that recognizes the rights of the adivasis and enables them to exercise
these rights (even if pressured into doing so by popular movements); in
forcible acquisition of adivasi land, through violation and/or dilution of the
same legislative acts, the state comes across as a predatory force robbing
people of their rights and dislocating them at will (often coerced by corporate
capital into abrogating its responsibilities to people). It appears that the state
gives with one hand what it takes away with the other.
One resolution of the conundrum that has been advanced in the existing
literature privileges the role of political movements and civil society organiza-
tions in pressurizing the reluctant state—captive to powerful economic inter-
ests within and outside—to pass progressive legislation. In such circumstances,
it is not surprising that the state often reneges on its own commitments to the
people by violating or not implementing the legislation in their true spirit,
unless otherwise forced to by popular pressure.5 While being sympathetic to
this position, we, however, argue that insofar as the state is seen to operate
within the neoliberal discourse of governance, there is a need to problematize
the latter itself in order to develop a more nuanced understanding of the nature
and implications of state interventions.
While the neoliberal economic discourse insists on well-defined property
rights and free markets as instruments of good governance, the use of extra-
market force, in the form of forcible acquisition of land, constitutes a violation
of the same principles. In this chapter, we argue that the framing of laws such
as PESA and FRA need not necessarily represent the forced hand of the state;
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The Land Question in India
The “land question” has traditionally been central to the narrative of transition
from precapitalist to capitalist economies. At the heart of the “land question”
lies the processes of dispossession of direct producers from independent access
to means of production (and subsistence), most importantly, land and natural
resources. Marx (1977) used the term “primitive accumulation” to refer to the
destruction of noncapitalist social spaces for commoditization of labor power,
means of production and means of subsistence, that is, for the creation of the
conditions of existence of capitalist production. Central to Marx’s discussion of
primitive accumulation is the emphasis on violence, most prominently, in
instituting private property in land as an instrument of dispossession. The
term “primitive accumulation” has gained new currency in contemporary
India in the context of land acquisition for industrial, infrastructural, and
developmental projects, which often see a violent encounter between corporate
capital and the state on one hand, and resistant people on the other.6
In this chapter, we depart from the traditional use of the concept of primi-
tive accumulation within the narrative of transition from precapitalism to
178
The Adivasi Land Question
179
The Land Question in India
180
The Adivasi Land Question
becomes a pure financial asset, which is bought and sold according to the rent
it yields. Capital circulates through land markets promoting activities on the
land that conform to the production of the highest (surplus) value. Thus land,
which is an infinite bundle of use-values in the “state of nature,” takes its most
“civilized” form in capitalism, that is, a pure financial asset indistinguishable
from other speculative forms of capital.
It must be noted here that even though private property is the quintessen-
tial form of property in capitalism, it often masquerades as “public” property,
for example, when nationalized resources like forests, minerals, and so on, are
leased to private capitalists for profit-making activities. This is particularly true
in the adivasi context, where resources from which adivasis are dispossessed
(forest lands, farmland, etc.) are not converted into private property per se, but
are nationalized before being made available for use by capitalists.
In contemporary India, the encounter between the state and corporate capital
on one hand, and the adivasis on the other, exemplifies the clash between the
commodity and the noncommodity character of land. When the tribal people of
Niyamgiri hills in Odisha rejected the multinational company Vedanta’s pro-
posal to mine bauxite in those hills, they asserted the “uniqueness” of their land
and rejected the value-calculus that sought to homogenize lands in the com-
modity space.9 Incidents like this, and they are far from rare in contemporary
India, signal the limits of commodification of land and the circulation of capital
in land markets. Given that neoliberal policies focus on well-defined property
rights and well-functioning markets, our intervention in this chapter thus
constitutes a problematization of the contemporary neoliberal governance of
land in India.
181
The Land Question in India
may naturally make use of forest products, “[s]uch use, however, should in no
event be permitted at the cost of national interests. The accident of village
being situated close to a forest does not prejudice the right of the country as a
whole to receive the benefits of a national asset” (Government of India 1952).
Since national interests were identified with industrialization, the disposses-
sion of tribal population groups due to mining, construction of dams, roads,
factories, and other development projects accelerated with the big push for
industrialization after independence.
At present, 80 percent of the tribal population of India is concentrated in
an almost contiguous belt that spans the states of Andhra Pradesh, Odisha,
Jharkhand, Chhattisgarh, Madhya Pradesh, Maharashtra, and Gujarat
(Fernandes 2008). A significant part of this belt is forestland on which the
adivasi population is dependent for resources, while other lands are common
property resources. Such areas with a preponderance of adivasi populations are
identified by the government as the Fifth Schedule Areas and are accorded
protection under the constitution (Government of India 2002), while tribal
lands in the Northeast are accorded protection under the Sixth Schedule.
Despite the constitutional protection, the tribal population in these regions
has been regularly displaced for development projects through “legalized”
land alienation by using colonial-era acts such as the Land Acquisition Act
of 1894 (Fernandes 2008). While, in the absence of proper national-level data,
it is extremely difficult to determine the exact figure for development-induced
displacement, reliable yet conservative estimates put the number between 21
million and 60 million (Fernandes 2007; Mahapatra 1999: 5). Estimates rec-
ognized by the Planning Commission say that 55 percent of all displaced
persons up to the year 2001 were tribal people (Government of India 2002),
while among the total number of people displaced due to development pro-
jects, 47 percent are from the tribal population (Government of India 2014).
As Roy (1999: 19) puts it, “[t]he ethnic ‘otherness’ of their victims [the tribal
people] takes some of the pressure off the nation-builders. It’s like having an
expense account. Someone else pays the bills.”
Interestingly, it is not only the “productivist” paradigm (valorizing the
“commodity” form of land) that has provided the artillery against the adivasis.
There is an entire discourse that has taken shape over a long time focusing on
the uniqueness of land, and hence, as argued earlier, its noncommodity
character. This is the discourse on wilderness, wildlife, biodiversity, climate
change and so on, which can be broadly categorized as the “conservationist”
argument. In this discourse, land is unique, nonreproducible, and nonsubsti-
tutable and thus must be protected from market transactions in property
through legislation cordoning off land from the reach of the market.
The Indian Forest Conservation Act, 1980, by subordinating the tribal com-
munities to conservation objectives and by viewing them as the “encroachers,”
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The Adivasi Land Question
dealt a blow to tribal rights over forest resources (Kumar and Kerr 2012).
The forest-dependent communities came to be seen as exploiting nature for
narrow material interests of subsistence, and thus being incapable of greater
ecological concerns. In 2002, the Ministry of Environment and Forests, fol-
lowing a Supreme Court ruling, ordered the eviction of all forest encroachers
within a period of six months. Almost 150,000 hectares of land were “cleared,”
leading to eviction of an estimated 300,000 tribal and nontribal forest-dwelling
families (Kumar and Kerr 2012). The public outcry following this, coupled with
intense pressure from social movements (Vaidya 2016), led to the enactment
of the Forest Rights Act, 2006 (FRA). Yet, according to a Ministry of Rural
Development report, forest degradation rather than encroachment remains
the main problem (Government of India 2009: 111–12).
For accelerated economic growth, land needs to be drawn into the com-
modity space so that it can freely flow from low-value to high-value uses. But
adivasis often look at their natural habitat as “unique” because of their specific
material and cultural connection to land premised on community-
conditioned use-values procured from nature. This creates a barrier to com-
moditization of adivasi land. Given these limits to circulation of land as
commodity in adivasi areas, forcible acquisition by the state is often called
forth to supplement the market. However, in the neoliberal era, the state itself
is subjected to powerful critiques for its interventions in the market. Thus, the
neoliberal order needs a new governance structure to deal with limits of the
land market in adivasi areas.
In postindependence India, the governance of the tribal areas (or the Fifth
Schedule Areas) deliberately privileged the Union executive (the governor of
the state) over individual state legislatures, ostensibly to protect the adivasis
from onslaughts on their economic, cultural, and political life by the majority
communities (Kurup 2008). However, in the actual governance of such areas,
the objective of nation building often trumped the goal of tribal welfare or
autonomy, as we have noted in the previous section. Given the general trend
toward decentralization in the last three decades (premised on the neoliberal
critique of the centralized state) and the emphasis on market-led as opposed to
state-led development, governance of tribal areas had to move away from the
“trusteeship” model around the figure of the governor in Fifth Schedule Areas
to a “self-government” model based on decentralized institutions.
This was accomplished by the seventy-third amendment to the constitution
in 1992, which created a decentralized governance structure across rural India,
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The Land Question in India
including the Scheduled Areas (Pal 2000). In the tribal areas, it replaced the
traditional authority structures of the adivasis by uniform, administratively
defined, and decentralized institutions called the Panchayati Raj institutions
(PRIs). Unlike the rest of India, where these structures filled a vacuum of
democratic local governance, in the Scheduled Areas they actually set up
dual authorities of the adivasis and the state. After the adivasis mobilized to
protest this backdoor attempt to dilute their autonomy—invested in their own
traditional bodies of authority and governance—and the courts deemed the
extension of PRIs to Scheduled Areas unconstitutional (namely, the ruling of
the Andhra Pradesh High Court in 1995), the government enacted the PESA in
1996 (Pal 2000).
At its core, PESA recognizes “customary law, social and religious practices
and traditional management practices of community resources” (Government
of India 1996: 1) prevalent in Fifth Schedule Areas, and aims to devolve power
to local adivasi populations to allow them to genuinely self-govern in certain
critical spheres. In the act, provisions are made for a definition of a Gram Sabha
(village assembly), the basic village-based unit of governance in rural India
that is appropriate to adivasi areas, and is not just an extension of the PRIs as it
operates in the rest of the country.
[T]he Gram Sabha-centric PESA system cannot function unless the Gram Sabha is
located in a habitation, the natural living unit of the community . . . It is only thus
that the Gram Sabha, comprising all adult members of the habitation, can play
the pre-eminent role in all consultative stages and in final decision-making, as
provided for in PESA. (Government of India 2013: 289)
The Forest Rights Act of 2006 (FRA) further complemented the fundamental
focus of the PESA on autonomy of adivasis. The FRA, in letter and spirit, is
perhaps even more pathbreaking in many ways. In its preamble, it acknow-
ledged that
the forest rights on ancestral lands and their [Scheduled Tribes and other
traditional forest dwellers’] habitat were not adequately recognized in the consoli-
dation of State forests during the colonial period as well as in independent India
resulting in historical injustice to the forest dwelling Scheduled Tribes and other
traditional forest dwellers who are integral to the very survival and sustainability
of the forest system. (Government of India 2006: 1)
Moreover, in justifying why this law was being enacted, it argued “it has
become necessary to address the long-standing insecurity of tenure and access
rights of forest dwelling Scheduled Tribes and other traditional forest dwellers
including those who were forced to relocate their dwelling due to State devel-
opment interventions” (Government of India 2006: 1).
Under the FRA, adivasi and other communities were given no less than
thirteen rights, including right of ownership over minor forest produce,
184
The Adivasi Land Question
Market valuation of rights, which are trampled, to bring water and forest resources
within the ambit of market transactions is impossible. Community life, nature,
and culture—which the adivasis lose—are not purchased in the market. Nor does
there exist any alternative against which their opportunity cost can be calculated.
All these are unique to the forest dwellers, so how can one calculate their market
value? (Basu 2012: 224; emphasis added)
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The Land Question in India
The response of the state in the form of PESA and FRA can be understood as a
reaction to the spread, depth, and scale of adivasi resistance to the corporate
takeover of such resources aided by the government over the last couple of
decades. This, to our mind, is indeed a valid—albeit partial—explanation of
the seemingly paradoxical enactment of PESA and FRA in the neoliberal era.
A regime of capitalist accumulation requires a stable social order, more so
when such accumulation is driven primarily by private capital as in the
neoliberal era. When an intensification of people’s movements threatens
to disrupt such stability, the state may be forced to yield some concessions to
maintain the regime and to minimize costs involved in applying force to
contain the unrest.
However, a deeper probing of the neoliberal mode of governance reveals
another, more fundamental, reason for the recent expansion of a rights-based
186
The Adivasi Land Question
approach to the adivasi land question, which is often missed by the existing
critiques of neoliberalism. The neoliberal goal of creating a self-regulating
market economy is predicated on a forced separation between economic and
political spheres (Polanyi 2001), where the processes of social reproduction are
subjugated to the logic of the market. Such a separation, which Polanyi
referred to as the dis-embedding of the economy from the society is, in turn,
based on the existence of a generalized commodity relation in all aspects of
production, including land. However, as we have argued before, commodifi-
cation of land is often contested on the ground by communities, which relate
to it in terms of community-conditioned use-values. This signals the limits of
the market and the mobility of capital in land markets. Therefore, market
forces have to be supplemented by force—applied by the state and backed by
the legal system—in breaking down barriers to land markets. In the neoliberal
model of a self-regulating market economy, violence is a nonmarket and,
hence, political intervention. Violence shatters the myth of the strict separ-
ation between the economic and the political spheres that grounds the neo-
liberal order. Violence thus appears to be both essential to and disruptive of
the neoliberal order. The problem with violence is that it resuscitates the
prehistory of property and confirms the presence of community.
Dispossession by force, when it becomes a political issue, has two unsavory
consequences. First, resistance to such dispossession often puts into question
the sanctity of the existing property rights by invoking the history of conquest
behind the existing property rights and by foregrounding the ethics of alter-
native relations to land. Second, resistance to forcible dispossession often
leads to insurgency and rebellion, which presents a law and order problem
that negatively affects the security of property. The sanctity and security of
property is best preserved when the separation between the political and the
economic is sustained, that is, property is not politicized, which is of course
what the utopian neoliberal project is all about.
In our understanding, the rule of property and markets, which together
constitute the core of the very sparse and elegant neoliberal policy prescrip-
tion, requires a mode of governance that directly addresses the question of
dispossession, that is, negotiates the limits of the market in land beyond the
realm of violence. In fact, it should be obvious that a generalized rule of
property rights requires rules to address “dispossession” of property rights.
If the rule of law has to have a nonarbitrary and universal premise (including
the specified domain of exceptions), then that rule of law must be sophisti-
cated enough to recognize diversity of property rights on the ground and the
diverse modes of exchange of property rights in order to fill up a legal void
where dispossession thrives. We do not seek to de-emphasize the persistence
of violence in supplementing market forces when it comes to the acquisition
of adivasi land in the neoliberal era. However, we understand PESA and FRA,
187
The Land Question in India
Failure to map and record land rights, even if only at the community level, makes
it difficult to identify boundaries and legitimate owners as a basis for engaging in
mutually agreed to land transfers. Recording rights provides outside investors
with “somebody to talk to,” a legitimate and authorized partner to negotiate on the
nature of investments and on compensation.
(Deininger and Byerlee 2011: 98, emphasis added)
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The Adivasi Land Question
Gram Sabha has to give consent to any transfer of land. At the same time,
through delineation and registration of individual or community rights, FRA
defines the parties who must give consent and the extent of resources over
which their consent is required.
With the institutionalization of such a legal–administrative order, dispos-
session can now be addressed within a new paradigm of resettlement/rehabili-
tation. However, resettlement/rehabilitation, being based on a cost–benefit
analysis, is ultimately based on the calculation of exchange-values. In place of
impersonal market prices, we now have negotiated rehabilitation/resettle-
ment packages. The purpose of consultation is to communicate the costs
and benefits of giving up land for industrial or mining projects. The loss of
use-values to the adivasis giving up land is reduced to a monetary measure
of cost (evaluated at market prices), while the gain in use-values or values
(if those use-values are to be secured through the market as commodities)
is aggregated in a monetary measure of benefit. Thus, “community” and
“autonomy” can be instrumentally used, in and through the consultative
process governed by PESA and FRA, to extend the logic of market valuation
into the space of community use-values.
The possibility of expansion of the neoliberal order through PESA and
FRA has been noted before (Naidu 2011; Savyasaachi 2011). On the unique
connection between human beings and nature that is not premised on
ownership, as seen in significant degree among the adivasis, Savyasaachi
(2011: 59) argues that
it is not possible to belong to a place and own it as well, because belonging comes
with mutuality, which is premised on the acceptance, that there is no legitimate
ground for ownership of the “right to disposal” over that which has not been
created with human work.
Now tribals can cultivate their lands with dignity without any fear. Tribals can
plant rubber plants, mango, cashewnut, orange, lime or palm oil as per the local
189
The Land Question in India
conditions. The State Government would also develop lands in tribal areas and the
tribals will be paid daily wages under NREGS programme though they are working
in their own land. (News report quoted in Ramdas 2009: 69)
On the other hand, the delineation and recording of rights can be used for
“invisible” dispossession. At one extreme, the provisions of PESA and FRA can
be manipulated to cheat adivasis of their resources. There is ample evidence
that communities can be manipulated into supporting a corporate takeover of
land; sometimes fake documents proving consent of the Gram Sabhas are
produced to get clearances from the government (Yadav 2014).12 It has been
argued that, for corporate projects in areas of indigenous habitation across the
world, consultative processes are often manipulated.
But, in a subtler sense, the recording of rights has often meant a contraction,
rather than an expansion of access to resources for the adivasis, as the follow-
ing account by a Savara woman from Srikakulam district of Andhra Pradesh
suggests:
I don’t know whether I was (more) free before the act or after the act. Earlier I was a
“thief” in the eyes of the law, but learnt to survive. Now I am “legal” and have
legally lost my land as the government took all and gave me nothing. We have
“legally” been granted “two acres” of community land, whereas all this is ours
(pointing to the hills beyond). We reject these titles. (Quoted in Ramdas 2009: 72)
It has been widely noted that the settlement of rights under FRA has predom-
inantly been restricted to individual rights. The settlement of community
rights has not only faced resistance from the forest bureaucracy but has
received a lukewarm response from the communities themselves. Often, this
is because “[p]eople did not feel the need to claim community rights because
they had never faced any problem in accessing community resources in forest
areas” (Samarthan 2012: 32). Recording and delineation of rights (de jure) is
most commonly seen as an expansion of rights, but from the point of adivasis
with traditional access to nature (de facto), this often means just the opposite:
exclusion from a world to which (s)he always belonged.
The current focus on dispossession and rights is as much a prerogative of
the neoliberal capitalist order as it is the outcome of consciousness born out
of historic and ongoing struggles against dispossession. This is not to deny the
importance of struggles against dispossession, but rather to highlight the
specific response in the neoliberal era to such struggles. A generalized regime
190
The Adivasi Land Question
for property rights can harbor different modes of social exchanges, market as
well as nonmarket. The neoliberal universalism is not based on homogeneity,
but ordered differences. While not denying the importance of FRA, PESA, and
so on, to the tribal population and protection of their concerns, one must also
be attentive to the possibility of differentiated integration of resistant groups,
of assimilation of the “outside” as “difference.”
7.6 Conclusion
In this chapter we have sought to deflect the existing debate on policies related
to adivasis away from violence, even when recognizing that violence is every-
where, and unimaginably destructive in its consequences for adivasis, toward
consultation/consent as the new mode in which the state seeks to address the
adivasis. We trace this transformation to the emergence of a protean regime of
property and market, willing to accept its limits even as it seeks to extend
inexorably beyond it.
We argue that legislation such as PESA and FRA represent a radical departure
in the mode of governance of tribal population in India in terms of the
institutionalization of autonomy of adivasi communities and recognition of
traditional, customary rights, particularly in the context of forest lands and
other natural resources. The land question in the adivasi areas is more complex
than in other places as the adivasis have historically remained outside the
private property relations and their community ethics often resist inclusion
within the generalized commodity space. Thus a new mode of governance
recognizing nonstandard rights (community, traditional, customary) and insti-
tutionalizing consultation in lieu of or as a supplement to market exchange
was called for. The significance of the emergence of PESA and FRA should be
understood in this context.
This is not to argue that under the neoliberal regime, the adivasi land
question can be satisfactorily resolved within the PESA–FRA governance struc-
ture. The widespread failure of implementation of the laws and the
continued—even increased—dispossession of the tribal population over the
last two decades paint a completely different picture. To our mind, such
failures are symptomatic of the friction between the rigid face of the neoliberal
order, which seeks unfettered flow of land and resources for impatient capital,
and the emergent governance structure, which supposedly seeks to
“empower” the adivasi communities. We argue that the neoliberal order can
be flexible enough to make the new governance structure an instrument in
advancing its hegemonic reach. The quest for a completely unregulated mar-
ket and supreme freedom of capital—a quest that attempts to undermine the
rights-based legal framework—on one hand, and the thrust for an idealized
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The Land Question in India
Acknowledgments
We would like to thank Amit Basole, Pranab Basu, Suraj Jacob, Priya Sangameswaran,
both the editors of this volume, and an anonymous reviewer for helpful comments on
earlier drafts of this chapter. We would also like to thank the participants in the
conference on “The Return of the Land Question: Dispossession, Livelihoods, and
Contestation in India’s Capitalist Transition” on March 4–6, 2014, sponsored by
University of Melbourne, IDSK Kolkata, and IIM Calcutta.
Notes
1. The word adivasis means original inhabitants or indigenous people. In India, they
are referred to as Scheduled Tribes as defined in the Indian Constitution. In this
chapter, we have used the words adivasis, tribal people, and Scheduled Tribes
interchangeably.
2. More than 90 million adivasis live in forested and mineral resource-rich areas.
Almost 60 percent of forest cover of the country is found in tribal areas. The states
with the largest forest cover in terms of absolute area are also states with substantial
tribal populations: Andhra Pradesh, Chhattisgarh, Odisha, Maharashtra, and
Madhya Pradesh. With regard to mineral resources, three states with substantial
tribal populations—Odisha (22.1 percent), Chhattisgarh (31.8 percent) and Jhark-
hand (26.3 percent)—account for 70 percent of India’s coal reserves, 80 percent of its
high-grade iron ore, 60 percent of its bauxite, and almost 100 percent of its chromite
reserves.
3. The resistance to the dispossession is often linked to armed insurgencies against the
Indian state in many of the adivasi-dominated areas, led by the Communist Party of
India (Maoist) and some other similar organizations. More than eighty districts in
the heartland of India, most of them with a concentrated adivasi population, have
been declared Left Wing Extremism (LWE)-affected areas by the government of
India. See the website of the Ministry of Home Affairs, Government of India (avail-
able at: <http://mha.nic.in/naxal_new> (accessed March 27, 2016)) for updated
information on policies with respect to LWE-affected areas. This has prompted the
government to undertake special “developmental” policies in these areas, including
prioritization of the implementation of PESA and FRA. Panchayats represent a
decentralized form of governance by a committee at the village level.
192
The Adivasi Land Question
4. For a fascinating account of the state’s maneuvering in drafting the FRA in its most
expansive ideal, see Vaidya (2016).
5. For example, the architects of the FRA foresaw that a mere promulgation of
legal rights has no bearing on their actual implementation, and the latter
would only happen “through struggle, it will not be through the state” (Vaidya
2016).
6. Acquisition of land by the state is not a new phenomenon in India. Under British
rule, the colonial state acquired land for “public” purposes using the clause of
“eminent domain” under the Land Acquisition Act of 1894. Post-independence,
this framework remained the basis for land acquisition by the Indian state, till the
enactment of a new act in 2013, which continues to be a contested legislation.
We briefly trace the evolution of land acquisition in the adivasi areas by the state,
during the colonial era as well as in independent India (both before and after the
onset of economic reforms in 1991), in Section 7.3 of this chapter.
7. Through the equation between states of nature, common lands, nonsettled culti-
vation and “wilde wastelands,” the doctrine of enclosure trumped the rights of pre-
existing inhabitants (Whitehead 2012: 2).
8. Sweezy (1942) argued that Marx dropped use-value as the object of analysis of
political economy because he was looking at social relations, whereas use-values
belong to private relations between individuals and goods. Our understanding
of use-value is informed rather by Basu (2012), who has argued that in the
absence of private property rights and individuation in society, that is, in the
context of communities and commons, use-values do not refer to private con-
sumption and subjective relations between individuals and goods, but rather to
the community-given meaning to relations between human beings and want-
satisfying characteristics of nature held in common. Thus our use of use-value,
following Basu, is a departure from its dominant use in the traditional Marxian
literature.
9. See Sethi (2016b) on the legal battles surrounding this issue, and the Odisha state’s
arguments asking the Supreme Court to squash or to revisit the twelve Gram
Sabhas’ unanimous resolutions against mining in the area.
10. It lies beyond the purview of this chapter to discuss in detail the vast empirical
literature documenting poor implementation of both PESA and FRA across the
states. Inter alia, see chapter 8 of Government of India (2013) for a succinct
discussion of implementation of PESA and the minutes of the review meeting
conducted by the Ministry of Tribal Affairs with the Secretaries of various states
on the status of implementation of FRA (Government of India 2015).
11. For example, the Union Ministry of Tribal Affairs recently succumbed to pressure to
re-interpret the FRA and allow the Maharashtra forest department to regain control
over the lucrative trade in forest produce such as tendu leaves and bamboo (see
Sethi 2016a).
12. See Choudhury (2016) for an example of a more blatant illustration of such
instances, in the context of iron mining in the tribal forest lands of Keonjhar
district in Odisha.
193
The Land Question in India
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Part III
Regional Perspectives
8
R. Vijay
8.1 Introduction
India’s rural economic structure has been undergoing changes, largely due to
various public policies such as land reform measures, a green revolution
package, and recently, land acquisition for nonagricultural use. Consequently,
there are changes in the decision-making process of the individual economic
agents. One aspect of the structural change is the growing importance of
households owning land but not cultivating the land themselves (Vijay
2012a). Vijay (2012a) shows that the share of these households is increasing
and the share of land owned by them is also increasing; they are the “new
landlords” in the rural areas. An increase in the share of households who own
land but do not cultivate it can have major implications for the growth of the
agrarian sector as these households do not have any incentive to invest in
agriculture. In addition, if these households lease out the land, extraction of
ground rent from the peasantry is a major form of surplus extraction in the
economy, creating constraints to agrarian transformation. In the postinde-
pendence period, there were various attempts to reduce the importance of
these noncultivating, landowning households (NCHs) in the rural areas. One
of the early attempts in public policy was to transform the agrarian structure
through a series of land reform measures, to eliminate the influence of agents
who were not cultivators and who were perceived to have adverse effects on
the cultivating agents. These measures were able to reduce the role of NCHs
who were identified as intermediaries. However, in the new liberal phase there
The Land Question in India
has been a revival of households who own land but do not self-cultivate it, in
other words, a revival of a new class of landlords in the economy. A question
that arises in this context is, why do these households want to hold on to land
in the general context of unviability of agriculture?
An increase in the share of NCHs implies that, over time, households
who were previously cultivators are becoming NCHs but continuing their
interest in their land. If one assumes that a decrease in the share of cultiva-
tors implies diversification of households from cultivation to noncultivation
occupations, why do these households continue to hold on to land? Does
land represent “cultural” value? Or is land seen as a source of “political
power” for the upper class, like the traditional landlords in rural areas?
Or is ownership of land seen as a store of value as well as a productive
asset? In other words, does the idea of downwardly rigid land prices and
lack of alternative sources of income for agricultural labor households
induce them to enter the tenancy market and because of rental income induce
NCHs to hold on to land?
The analysis in this chapter is conducted on two levels: using secondary data
sets and substantiating the claims by presenting information from village
surveys. Three different rounds of the National Sample Survey Organization
(NSSO) (37th, 48th and 59th) on “Assets and Liabilities” have been used to
identify the relative importance of noncultivating households. This source
can provide broad generalizations but the actual process generating these
households might not be captured in these surveys. To substantiate, the
present analysis uses a detailed village survey conducted in nine villages in
erstwhile Andhra Pradesh conducted by Rao and Bharathi as part of a project
“Land and Rural Poverty” in 2003–4.1 There is no claim that these villages are
representative, but what is happening in them is likely to provide information
on trends that may be occurring in other villages.
The rest of this chapter is divided into five sections. In Section 8.2, I analyze
the different rounds of “Assets and Liabilities” of NSSO data to bring out the
importance of NCHs owning land. In Section 8.3, I present information of the
location of the nine villages and the main sources of irrigation. In Section 8.4,
I group the household data into classes based on labor and land relations. This
class-based analysis is used to describe the structure of the village economy
and the importance of NCHs in the rural economy. In this section, farm sector
households are classified and a basic structure of the village economy obtained.
In addition, land market transactions are analyzed to see whether the market
is transferring land to NCHs. In Section 8.5, two conditions for the sustenance
of NCHs owning land is presented. In this section, the role of increasing land
prices and tenancy as potential income sources for NCHs owning land is
discussed. A combination of these two streams of income may explain the
sustenance of the NCHs. The final section concludes.
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Noncultivating Households Owning Land
The NSS (National Sample Survey) reports on “Households Assets and Liabil-
ities in India” (1986, 1998, 2005) give some indicators of the changing rural
structure. The survey was conducted for rural as well as urban areas but this
chapter concentrates only on the rural sector. In all these data collection
rounds, rural households are classified into two major groups. One is the
cultivators who are identified as households operating at least 0.002 hectares
of land,2 and the second, the noncultivators who operate no land or operate
less than 0.002 hectares. The noncultivators are further classified into
“agricultural laborers,” “artisans,” and “other” households. In this classification,
the cultivators have a relation with the agricultural labor households as well as
with the artisans, and in turn, the artisans have a relation with noncultivators
and also the cultivators. This relation facilitates current or future production.
But the “other” is a nondescriptive category that could include different types
of agents. They could be traditional landlords, input and output traders, money-
lenders, commission agents, or urban workers staying in villages. The farm sector
consists of individuals who take part in the agricultural production process and
the nonfarm sector consists of individuals who might facilitate production
(artisanal community or input traders) or facilitate transfer of goods from rural
to urban or urban to rural or within the rural sector (output traders), or might be
rentiers (landlords).
The structural changes witnessed in India show a decline in the farm
sector, predominantly due to a decrease in the share of cultivator households
and an increase in the share of “other” households in the rural sector
(Table 8.1). The “other” households are increasing their share to total house-
holds and their impact on the production structure is also growing. During
the period 1971–81 there was an increase in households reporting cultiva-
tion. A declining proportion of agricultural labor households accompany
this. For the rest of the groups, there are marginal changes. In other words,
the farm–non-farm composition remained more or less the same between
1971 and 1981. However, there are drastic changes between 1981 and 2002.
For example, there is a sharp decline in households depending on the farm
sector. This decline is mostly due to the decline in cultivating households.
The cultivating households declined from 76.3 percent to 59.7 percent,
while agricultural labor households remained more or less the same. In
nonfarm activities, the increase is sharp: from 10.8 percent to 20.7 percent
(Vijay 2012a).
At the structural level, it would be interesting to see whether an increase in
households in the nonfarm sector is also accompanied by an increase in land
owned by them but which is not cultivated by them. At the national level, the
201
The Land Question in India
Source: National Sample Survey Organization (2005): “Households Assets and Liabilities in India,” NSS 59th Round,
Report number 500, June 30, 2002
Table 8.2. Relative importance of households owning land but not cultivating land in the
rural areas at the national level
% of NCH % of NCH owning land % of NCH owning land to total Value of land
rural households owning land owned by NCHs
202
Noncultivating Households Owning Land
Table 8.3. Value and composition of assets owned by cultivators and noncultivators (2002)
Source: National Sample Survey Organization (2005): “Households Assets and Liabilities in India,” NSS 59th Round,
Report Number 500, June 30, 2002
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The Land Question in India
Next only to Tamil Nadu, Andhra Pradesh witnessed the highest shift in
occupation from cultivators to noncultivators. Based on different NSS rounds
on “Assets and Liabilities,” the number of noncultivating households was 57
percent and the proportion of NCH owning land to total noncultivating
households was 50.8 percent in 2002. They owned about 16.2 percent of the
total value of land (Vijay 2012b). The presence of agricultural labor is high and
it is also a state that has a high incidence of pure tenancy. Between 1991 and
2001, the number of cultivators declined from an already low level of 27.74
percent to 25.47 percent (Directorate of Economics and Statistics 2006). Inter-
estingly, districts considered to be the most developed in the state, namely the
Godavari districts, with a hundred-year history of canal irrigation and a pro-
vision of double crops has the lowest proportion of cultivating households.
The East Godavari and West Godavari districts recorded 14.90 and 15.06
percent of households as cultivators; this proportion decreased to 12.92 and
14.20 percent respectively by 2001 (Directorate of Economics and Statistics
2006). At the other extreme, there are districts such as Warangal and Adilabad,
which have witnessed an increase in the proportion of cultivators. Given the
extreme diversity, an attempt was made to study the agrarian structure by Rao
and Bharathi (2010). This chapter draws on that survey.
Erstwhile Andhra Pradesh (which now comprises two states: Andhra
Pradesh and Telengana) has basically three regions based on the level of
development. This section introduces the villages in terms of their location
based on their region and gives general information on the nature of irrigation
and the crops cultivated.
Agrarian institutions, including the market institutions, have a tendency
to undergo changes and transform themselves, and these changes are associ-
ated with the level of development of the region and/or subregion. However,
using levels of development, the state is sometimes grouped into five regions
(Rao and Subrahmanyam 2002). The top place in the scale of development,
with a high index of output per hectare, is South Coastal Andhra comprising the
Krishna Godavari delta regions, namely the districts of East Godavari,
West Godavari, Krishna, Guntur, Prakasam, and Nellore. Next in importance
comes the region of North Telangana, comprising the districts of Nizamabad,
Adilabad, Karimnagar, and Khammam. North Coastal Andhra, comprising
Srikakulam, Vizianagaram, and Visakhapatnam occupies third place. Rayalaseema
is fourth, comprising Cuddapah, Kurnool, Ananthpur, and Chittoor. Fifth is
South Telangana, comprising Rangareddy, Hyderabad, Mahaboobnagar, Medak,
and Nalgonda. The regional differences are partly historical and partly due to
differential public investments and complimentary private investments. As the
204
Noncultivating Households Owning Land
Table 8.4. Location, number of households, and sources of irrigation in the surveyed
villages
Notes: *A district in a state is divided into mandals, which were earlier identified as talukas.
Source: Vijay and Sreenivasulu (2013)
institutions are likely to undergo changes with levels of investment and conse-
quent levels of development, the attempt in the village survey was to distribute
the ten sample villages across the five regions. The attempt to cover at least
two villages in each region succeeded in all regions except Rayalaseema, where
even one village could not be covered. In total nine villages were covered, three in
South Coastal Andhra and two villages each in North Coastal Andhra, North
Telengana, and South Telengana.
Table 8.4 provides information on the mandal (sub-districts or administra-
tive divisions under districts) from which the villages are selected, the number
of households surveyed, and sources of irrigation in the surveyed villages.
Three villages were surveyed in the West Godavari district, two of the villages
(Mentipudi and Kothapalli) are irrigated from canal water and one village
(Seethampet), which is not part of the irrigation command area, is in the dry
zone in the district with nearly 54 percent of the land irrigated by wells. Two
villages were selected from Mahaboobnagar district, a district known as a
drought prone district, which witnesses large-scale labor migration to urban
areas. One of the villages is rain fed and the second uses canal water as a source
of irrigation. Karimnagar district, which is part of Telengana area has had
significant intervention by the Communist Party of India (People’s War
Group), now called the CPI (Maoist) Party. The party had a presence in the
two villages surveyed in this area in the past but not in the present period. One
of the villages surveyed was predominantly irrigated by canal water while in
the second village wells form the main source of irrigation. The two villages
selected in north coastal Andhra are Jonanki and Bantalakoduru. Jonanki is a
village with significant presence of tanks as a source of irrigation while the
other village uses a well as the principal source of irrigation (Vijay 2012a).
205
The Land Question in India
In Godavari district, the two canal-irrigated villages grow mostly paddy, while
the third village, Seethampet, has nearly 52 percent of the land under tobacco,
followed by 22 percent under paddy, 9 percent under sugarcane, and 4 percent
under maize, which is mostly for chicken feed. Seethampet has a diversified
cropping pattern and the crops cultivated are inputs to agroindustry. Arepalli,
the village in Mahaboobnagar district with a significant proportion of land
irrigated by canal, also has a high proportion of land assigned to paddy cultiva-
tion (53 percent). In the dry village of Tatiparty in Mahaboobnagar district,
the principal crop is the inferior cereal, jowar (40 percent), followed by castor
(28 percent). In the two villages in Karimnagar district paddy is the main crop
(Chinnapur at 45 percent and Nagaram at 37 percent). In Chinnapur, maize is
the second main crop (11 percent), which is partly consumed and partly sold in
the market. In Nagaram, in addition to paddy, turmeric is grown for the market
and forms a significant proportion of the crops cultivated (17 percent). In the
case of the two villages surveyed in Srikakulam district, the tank-irrigated
village, Jonanki, has a dominance of paddy crop (72 percent); in the second
village, Bantalakoduru, paddy is the important crop (45 percent) followed by
pulses and chilies (Vijay and Sreenivasulu 2013).
Given the extreme diversity in the farm sector in the rural economy, an attempt
was made to study the agrarian structure by Rao and Bharathi (2010). This
chapter depends heavily on that survey and the methodology they used in
classifying households. The surveyed villages represent different regions and
the method of classification of households chosen by the authors was a five-
class analysis. Presenting agriculture in terms of class analysis was in vogue
during the late 1960s and 1970s and recently again used by Ramchandran,
Rawal, and Swaminathan (2010). In a sense, the report by Rao and Bharathi
(2010), and by implication this chapter, revisits such a framework and pre-
sents a different understanding compared to the land-based classification used
in identifying structures by Vyas (2003). In our survey a complete enumer-
ation of all households residing in the village was conducted. A detailed
questionnaire was canvassed to all the households in the village to capture
the characteristics of the households (members of the households, caste,
migrations, etc.), the resource position of the households (land owned,
operated, type of land, instruments owned, number of working family mem-
bers, etc.), and the exchanges the households enter into in the land, labor, and
credit markets. Those households directly related to agricultural production
were classified into five classes based on their interaction in the labor market.
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Noncultivating Households Owning Land
Table 8.5. Distribution of households and land owned across class groups
207
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Village No. of NCHs Share of NCHs to Share of land owned Share of land owned by
total households (%) by NCHs (%) NCHs and nonresident
households (%)
208
Noncultivating Households Owning Land
Table 8.7. Distribution of land transacted in land market across classes between 1999 and
2003
Agricultural labor
households (AGL)
Poor peasantry (PP) 41 (37.27) 43.64 (24.94) 24 (38.70) 19.79 (18.67) 23.85
Middle peasantry (MP) 44 (40.00) 62.30 (35.61) 24 (38.70) 27.55 (26.01) 34.75
Rich peasantry (RP) 14 (12.72) 23.48 (13.42) 3 (4.83) 6.4 (6.03) 17.08
Noncultivating 11 (11.00) 45.53 (26.02) 11 (17.74) 52.25 (49.29) +6.72
households (NCH)
Total 110 (100) 174.95 (100) 62 (100) 105.99 (100) 68.96
Notes: Net purchase = Area purchased-area sold; figures in brackets are proportion to totals.
Source: Vijay (2012)
It may not be farfetched if one presumes that the difference between the sales
and purchases is accounted for by nonresident households. If one takes the
net purchases, all classes record a negative net purchase, while NCHs record a
positive net purchase. In other words, during the five-year period, NCHs are
accumulating additional land while other classes are experiencing disposses-
sion of their land. Thus, the market is facilitating land transfers to the NCH
from the other cultivating households.
One of the important tendencies seen in the Indian economy is the reduction
in the share of rural households and a decrease in the share of cultivator
households. A decrease in the share of cultivators would imply that cultivators
in earlier periods are shifting out of agriculture and becoming noncultivators
but continue to have an interest in land. A question that arises in this context
is why do households who have diversified out of agriculture not sell their
land? This section provides an explanation of one potential source of income
in the future for NCHs (in the short and long run) due to owning land.
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210
Noncultivating Households Owning Land
Table 8.8. Distribution of area leased in and leased out across classes
Notes: Net lease in area is defined as (area leased in–area leased out); figures in brackets are proportion to totals.
Source: Vijay (2012)
211
The Land Question in India
Table 8.9. Options open to agricultural labor households and poor peasantry in the
surveyed villages
Note: AGL refers to agricultural labor households and PP refers to poor peasantry.
Source: Field survey
212
Noncultivating Households Owning Land
households are entering into the land lease market. In the rest of the villages,
tenancy is not an important feature of livelihood but migration is. In these villages
the proportion of land owned by noncultivating households is relatively smaller
when compared to the irrigated villages (Vijay 2012a), which restricts the supply of
land in the land lease market.
Land in the land lease market is predominantly supplied by nonresident
and/or noncultivating households staying in the village. If we assume that the
supply of land is inelastic, the rental rates in the market would be defined by
the demand-side factors. The households demanding land in the land lease
market are rich peasantry, middle peasantry, and the poor peasantry. Individ-
uals in these classes would compete to get access to land in the land lease
market. If one assumes that the nonresident and/or noncultivating house-
holds are only interested in maximizing rental income, individuals who
provide the highest rent would get access to land. A rich peasantry is by nature
market oriented and also wants access to land in the land lease market to
derive scale advantages. A poor peasant, on the other hand, has “surplus
labor.” The market is not able to provide sustained employment to these
households. So poor peasants self-exploit by using the “surplus” labor from
their own farm. These households without any options would keep increasing
the demand for land lease for subsistence and by implication the rental value
of land. In the surveyed villages it was found that the poor peasants/pure
tenants are pricing out the rich peasant in the land lease market and are the
main demanders of land in the land lease market (Vijay 2012a). The higher
rent provides the economic basis for sustenance of the noncultivating house-
holds and does not appear to be a driver for higher accumulation in rural areas.
8.6 Conclusion
The agrarian structure is undergoing changes due to the important role played
by NCHs owning land at one end of the spectrum, and the stability of the
proportion of agricultural laborers at the other end. The tremendous increase
in land prices is influencing the portfolio of erstwhile cultivators. In other
words, higher returns with a higher uncertainty in nonfarm sector investment
compared to lower levels of returns and lower uncertainty in agriculture
influences the portfolio choices of the cultivator. This possibly is the source
that generates the noncultivating peasant household that chooses a mix of
higher returns in the nonfarm sector and a lower risk in the farm sector. The
certainty in the income of NCH in farm activity is made possible by the
demand for land in the agricultural sector, particularly from the agricultural
labor households. The land hunger of these households and the need to hedge
against the uncertainties of life make the land lease market a very active
213
The Land Question in India
market. In all possibility, since the demand for land is reasonably high from
this segment, the rent is also likely to be high, ensuring that the income of
NCHs from agriculture is not unreasonable. This explains the decline in
cultivators and the concomitant increase in NCHs owning land and the stable
proportion of agricultural labor households.
The evolving rural economic structure is witnessing the emergence of a new
class of landlords in the sense that they own land but do not cultivate the land
themselves; rather they derive a ground rent. Unlike the earlier landlords who
are from “landlord” families and own large tracks of land, these new landlords
could be erstwhile cultivators who have diversified out of agriculture but
continue their interest in land. At least in the case of Andhra Pradesh, and
specifically in the case of West Godavari district, one is witnessing a revival of
absentee landlords of the second category and revival of tenancy.
If this hypothesis on the increasing importance of noncultivating house-
holds owning land in rural areas is reasonably true, then the land question
comes back to the center stage. On the one hand, NCHs own land but are not
cultivating it themselves and deriving ground rent. On the other hand, there
is a large segment of land-hungry agricultural laborers and the poor peasantry
without any viable option for their livelihood. Instead they enter tenancy
relations. Restructuring agriculture with an emphasis on land reforms appears
to be a necessary policy intervention to solve the agrarian crisis.
Notes
1. I was assisting the late R. S. Rao and Dr. Mudunuri Bharathi as an associate in the
project. The data is used with the permission of Dr. Bharathi.
2. One hectare is equal to 2.47 acres.
3. The relative strength of the absentee landlords/noncultivating nonresident house-
holds in the irrigated areas of Godavari district can be seen in terms of decisions
taken by landowners to declare that they would not cultivate any kharif crop on
their land in the year 2011 as they maintained that prices were not remunerative for
paddy. Interestingly, this area is known to have nearly 60 percent of the land under
tenancy. In addition to remunerative prices being one of the reasons for a crop
holiday, another reason was a policy initiative to give identity cards to tenants and
give tenant legal status. The absentee landlords felt that legalizing tenancy status
would weaken their position and so they had used a crop holiday as an instrument
to discipline the laborers/tenants (Vakulabharanam et al. 2011).
References
Chakravorty, S. 2013. “A New Price Regime: Land Market in Urban and Rural India.”
Economic and Political Weekly, 48(17): 45–54.
214
Noncultivating Households Owning Land
215
9
9.1 Introduction
to the lives of farmers is also a matter of how much they depend on it. The
gradual diversification of rural households to nonfarm activities can alter the
centrality of land for different classes of farmers. Thus far, the land question
depends on the nature of the agrarian transition.
In parts of South India, landless, marginal, and small farmers are acquiring
land, either through sale or lease, in smaller parcels, forming a majority in the
agrarian structure. It is an intriguing phenomenon to observe farming in the
country being brought under petty commodity production. How well petty
commodity production sits with capitalist development is an important ques-
tion, both as a development question and a land question. This chapter seeks
to answer the following questions: Why is the share of petty commodity
producers increasing in the agrarian structure? How extensive is petty com-
modity production as the source of livelihood? Does the state make the
capitalist transition less harsh through social welfare transfers that outweigh
the effects of pauperization imposed by capitalist development? I shall pro-
vide an explanation, albeit partial, of these issues from evidence drawn from
household data from a study conducted in rural Andhra Pradesh.
The rest of the chapter is divided into three sections. Section 9.2 discusses
perspectives on the agrarian question. It begins with a discussion of petty
commodity production (PCP) and its relationship to capitalist development in
India. Section 9.3 presents the findings of field observations obtained from
three village surveys in Andhra Pradesh on the profile and nature of PCP.
It begins with the agrarian distress in the state covering patterns in land
distribution, access to agricultural credit, and rural incomes, and ends with a
brief discussion of state-disbursed benefits to the rural poor. Section 9.3 revisits
the process of proletarianization and marginalization of petty producers.
217
The Land Question in India
218
Land and/or Labor?
219
The Land Question in India
220
Land and/or Labor?
rights of citizenship, but has the right to franchise. Squatters, street vendors,
urban slum dwellers, landless poor, and dalits (self-labeled untouchables of the
caste system) who may till assigned lands constitute this political society
(Chatterjee 2004: 27–47). Their means of survival does not often have legal
entitlements, but the state patronizes them by protecting their otherwise
illegal existence. Managing political society, for Chatterjee, is key to the
politics of developmental states such as India. The competitive electoral
politics gives some scope for the political society to negotiate incremental
benefits from the state. He further argues that the state, as in the West, uses
various governmental technologies such as statistics to indicate “develop-
ment” through various programs and engage the population. This is further
helped by international capital through funding various non-governmental
organizations (NGOs), which help the capacity building of the state and thus
extend governmentality.2 By extending Chatterjee’s logic, the small peasantry,
pauperized by the capitalist system, qualify as a political society. Alleviation of
the farmers’ plight often becomes part of the election agenda. In past elec-
tions, much against the ruling establishment, debt waivers, compensation for
families of farmers who commit suicide, occasional state procurement under
farm lobby pressures, and so on have been part of governmentality. In addition,
poor peasants become recipients of welfare in the form of employment pro-
grams, public distribution, pensions, housing loans, cash-transfers, and so on.
There is an impression that agriculture has lost its importance in the con-
temporary economic growth discourse. This view is taken further by suggest-
ing that agriculture has become decoupled from the larger economy. The issue
needs to be put into perspective. In India, the issue of agrarian constraint to
capitalist growth was recognized during the planning era, circa 1960. It was
held that the modern sector’s growth suffered an accumulation crisis during
the mid-1960s, when no palpable agrarian surplus was forthcoming. Worse,
the supply shortfalls in food grain production in the economy posed an
inflationary barrier to growth.3 Following the failure to achieve institutional
reforms, the Indian state resolved the production problem through the
technological means of the green revolution. Institutional interventions
ensured the necessary market surplus for the capitalist sector, which in turn
ensured the viability of the farmer and productivity growth for the sector.
In the neoliberal era, there are tendencies to withdraw the different forms of
intervention that involve subsidies and other public expenditures. The
absence of intervention tends to produce crisis for the petty producers, while
medium and big farmers are better placed to diversify and capitalize on new
opportunities. As production trends are unaffected so far, and agrarian distress
is internalized by the small peasantry, it makes neoliberal reformers feel they
have nothing much to worry about. Petty commodity producers of smaller
holdings are a proletariat in disguise, whose income portfolio gets distributed
221
The Land Question in India
between small profits from farming and allied activities and wage in farm and
nonfarm sectors. Proletarianization underlies the marginalization and pauper-
ization of PCP households. Social and kinship networks are often employed to
escape the severity and survive. While neoliberal policies push them to the
brink through withdrawal of subsidies and price supports, PCP households
have become below-poverty population subjects of the state. A slew of welfare
transfers began figuring in state policy.
222
Land and/or Labor?
Table 9.1. Class-wise relative shares of operational holdings in Andhra Pradesh (in %)
Marginal 38 8 51 13 62 23
Small 18 10 22 17 22 26
Medium 33 44 25 50 16 45
Large 9 38 2 20 <1 6
Notes: Figures are in acres. The classification is taken from the NSS classification, which defines marginal farm holding as
owning or operating less than 2.5 acres (one hectare), a small farm operating 2.5–5 acres (1–2 hectares), medium as
5–20 acres (2–8 hectares), and large farms as operating more than 20 acres (8 hectares).
Source: Various National Sample Surveys (NSS)
223
The Land Question in India
Table 9.2. Area, production, and yield of food grains in Andhra Pradesh (in %)
Area
general crisis of viability of farmers in the state growing food grains as well as
non-food grains (Ramanamurthy and Mishra 2012).4 The state shows a pecu-
liar situation of immiserization that calls for a careful examination.5 In spite of
a preponderance of studies on agrarian distress, which have all singularly
focused on neoliberal policies of deflation, decline of institutional credit,
increased input costs, decline in public investment, and import competition
as responsible for the agrarian distress (Deshpande 2010; Patnaik 2007; Reddy
and Mishra 2010), there is not much engagement from an agrarian studies
perspective. It is not possible to explain the crisis of the bottom of the agrarian
structure without a nuanced analysis of agrarian classes.
224
Land and/or Labor?
irrigation (in use for more than a century). The basic objective of the survey was
to focus on the conditions of petty commodity producers in agriculture. We give
a brief description of conditions in the three villages in the following.
Achampet is a smaller Telangana village in Medak district with about 250
households and population of 1,100 people. It has 560 acres of arable land,
most of which is irrigated through borewells. The traditional landlords,
belonging to the Reddy community, have sold off all their land, which has
been acquired by marginal and small farmers belonging to backward castes
and dalits. The government has given small pieces of land to dalits as a land
redistribution measure. Thus the village is an example of the rise of a new class
of farmers from lower castes as owner-cultivators from “below,” most whom
were previously farm laborers.
Pulimaddi is a dry village in Kurnool district of the Rayalaseema region of the
state. The village has an arable land of 1,500 acres, one-third of which is owned
by the Reddy community. The rest is owned by backward caste and dalit
farmers. The village has a history of factional feuds, which ended two decades
ago.7 The main landlord family that had once dominated the village has
suffered a huge economic decline; since then others in the Reddy community
began focusing on children’s education and diversification of cropping patterns
using tractors, which also promoted them to rich farmers from a status of big
farmers. The foot soldiers of these warring factions, mostly dalits, won some
social space in the process and managed to acquire land through wage labor.
While a few big landed households still exist, the majority of households have
turned into small, semi-medium, and medium farmers. The village grows dry
crops such as chickpea under extreme water scarcity. The small peasantry in the
village can be said to have emerged from “above” and “below.”
Kaluvapamula is an irrigated village in the developed Krishna district. The
village has a population of 1,780 with 448 households and 1,900 acres of
cultivated land. The village has more than a hundred-year history of irriga-
tion, with capitalist farming after the green revolution. Sugarcane and paddy
are the principal crops. The traditionally dominant Kamma farmers own more
than 80 percent of the agricultural land. After being the beneficiaries of the
green revolution in 1970–85 they began to diversify into nonagricultural
professions without giving up their land ownership. They lease their lands
to tenants from backward castes and dalits, who are either mostly landless or
marginal farmers.8 Thus, the landless in the village have emerged as the petty
commodity producing tenant farmers in the village.
225
The Land Question in India
226
Land and/or Labor?
227
The Land Question in India
Achampet
Upper castes 67 0 27 6
Backward castes 65 19 13 3
Scheduled castes 65 19 10 6
Pulimaddi
Upper castes 33 33 15 19
Backward castes 32 36 10 22
Scheduled castes 40 41 0 19
Muslims 25 12 13 50
Kalavapamula
Upper castes 18 53 24 6
Backward castes 20 49 4 27
Scheduled castes 6 79 0 15
Scheduled tribes 10 10 0 80
Muslims 0 50 0 50
is between Rs. 150,000 and Rs. 250,000 per acre, and has become a major
speculative asset. At these prices there is no possibility of dalits and backward
castes buying land to become even marginal or small farmers in this village.
The average holding of land is highly skewed in all the three villages, where
upper castes hold two to eight times more land than scheduled caste and
backward caste households. The peasant differentiation in the village has a
history of more than a century, as canal irrigation has continued since the
colonial period. The emergence of the rich peasantry, whose surplus financed
professional education of children and even sent a couple of dozen abroad.
Compared to the other two villages, the coastal Andhra village of Kalavapamula
has the highest inequality in land distribution. Land concentration in the upper
caste is stark compared to backward castes and scheduled castes (Table 9.6).
Thus, upper castes are likely to urbanize faster and dalits and backward castes
may stick to the land for a longer time.
228
Land and/or Labor?
229
The Land Question in India
Institutional Non-institutional
Pulimaddi
Landless 88 12
Marginal 34 66
Small 44 56
Semi-medium 58 42
Medium 70 30
Large 76 24
Noncultivators 78 22
Achampet
Landless 47 53
Marginal 56 44
Small 38 62
Semi-medium 56 44
Medium 57 43
Noncultivators 50 50
Kalavapamula
Landless 51 49
Marginal 58 42
Small 65 35
Semi-medium 40 60
Medium 48 52
Large 100 0
Noncultivators 43 57
bank in the village has distributed Joint Liability Group (JLG) loans up to Rs.
5,000 per farmer, which is insufficient to meet cultivation costs. Having no
access to bank credit, tenant farmers continue to borrow from moneylenders
at high interest rates. The other aspect that dries up the small farmers is the
private irrigation cost in dry land areas. In Achampet, we found that of the 250
borewells dug so far, over 200 went dry, leaving debts for the small farmers.
230
Land and/or Labor?
Table 9.8. Farm costs and returns in Andhra Pradesh, 2012–2013 (in INR)
too meager and returns over Cost A2 are negative in most cases (Table 9.8).
Thus it is clear from this table that farming in the state has become largely
unviable. Except for large farmers in the irrigation-endowed regions who still
cultivate on their own, the income from farming of most crops is either barely
enough to sustain consumption or even negative depending on the market
and production conditions. Higher investment on private irrigation, when
coinciding with successive dry spells of monsoons, often prove to be cata-
strophic, resulting in suicides of petty producers. Such lack of viability of
farming in the state has been noted by several other scholars since 1999
(see Ramachandran, Rawal, and Swaminathan 2010; and Ramanamurthy
and Mishra 2012).
231
The Land Question in India
Table 9.9. Average net agricultural, nonagricultural, and total incomes of rural households
(in INR and %)
from selling agricultural and allied produce, wages, and rental incomes. Farm
business income refers to the income that comes directly from selling agricul-
tural products. According to our survey data, there is little differentiation
between the class of marginal, small, and semi-medium households (all own-
ing less than 10 acres/4 hectares), while business income is distinctly high for
medium and large farmers (above 10 acres and 20 acres respectively). These
two broad groups suggest the increasing differentiation between capitalist
farmers and petty commodity producers. This is visible in terms of the sources
of income of the households. The average annual farm income for marginal,
small, and semi-medium farmers is Rs. 7,341, Rs. 12,171, and Rs. 25,135
respectively. For medium and large farmers, it is Rs. 99,353 and Rs. 226,813
respectively, which are four to six times higher than the income earned by the
PCP households. Marginal, small, semi-medium, and medium households
draw only 33, 13, 35, and 22 percent of their family income from agriculture
and allied activities, while large farmers draw 79 percent (Table 9.9). However,
the PCP households, landless, marginal, and small, while deriving a major
portion of their incomes from nonfarm activities, draw this more from wage
labor, while medium farm households are able to diversify into regular employ-
ment, trading, and self-employment. Thus, petty producers in agriculture hang
on to agriculture but it is not their principal source of income. This means that
there is a considerable growth of nonfarm wage employment within and out-
side the village where petty commodity producers and the landless proletarian
class participate, indicating a visible process of proletarianization.
Farm business income. Within the farm income of marginal, small, and semi-
medium farmers, we found that 30–40 percent of income is earned through
animal husbandry while agricultural wage income constitutes 74–82 percent
(Table 9.10). The farm business income for PCP households ranges from
232
Land and/or Labor?
Table 9.10. Average household net income from agricultural activities (in INR and %)
In Rs.
Landless 0 4,667 0 14,278 18,946
Marginal 7,341 10,880 0 11,611 29,833
Small 12,171 6,377 0 8,067 26,616
Semi-medium 25,135 8,998 870 14,578 49,580
Medium 99,353 13,480 0 9,281 122,113
Large 265,813 409 0 337 266,558
Noncultivators 0 2,835 21,861 9,720 34,416
In %
Landless 0 25 0 75 100
Marginal 25 36 0 39 100
Small 46 24 0 30 100
Semi-medium 51 18 2 29 100
Medium 81 11 0 8 100
Large 99.7 0.2 0.0 0.1 100
Noncultivators 0 8 64 28 100
Rs. 7,000 to Rs. 25,000, whereas for medium and large farmers it is between
Rs. 99,000 and 265,800. However, the productivity differences are not much
because the cost factor for big farmers is nullified by higher costs. Their higher
incomes are simply due to larger scale of operations in agriculture and diver-
sification into nonagricultural activities. For noncultivating landowning
classes, rental income constitutes a major source of income in the village (see
Chapter 8 in this volume). Thus, for the petty producer class of tenants, their
farm income is negative, while their principal livelihood is derived from wage
labor, supplemented by dairy and animal husbandry. The tiny pieces of land,
despite generating occasional losses and low incomes, still remain important
for the PCP households since land as an asset supports the allied activities such
as dairy, in addition to contributing to social prestige for the rural poor.
233
The Land Question in India
Table 9.11. Net income from nonagricultural activities (in INR and %)
In Rs.
Landless 5,295 7,898 16,465 13,097 20,108 62,863
Marginal 18,967 1,953 5,869 19,190 14,731 60,710
Small 47,865 2,194 8,892 14,460 51,196 124,607
Semi-medium 23,970 3,919 43,598 11,534 9,194 92,215
Medium 53,591 118 15,616 6,625 347,546 423,496
Large 0 0 245,839 252,006 0 497,845
Noncultivators 15,006 6,469 74,132 1,778 50,679 148,064
In %
Landless 8 13 26 21 32 100
Marginal 31 3 10 32 24 100
Small 37 1 5 8 49 100
Semi-medium 26 4 47 13 10 100
Medium 13 0 4 2 81 100
Large 0 0 25 75 0 100
Noncultivators 10 4 50 1 35 100
Note: * Includes income through traditional activities, wage income from migration, and National Rural Employment
Guarantee Act (NREGA).
Source: Field study
234
Land and/or Labor?
Table 9.12. Average welfare transfers to households per annum in three villages (in INR)
235
The Land Question in India
Further, the legitimacy that it gained is enormous, as the causes of distress are
no longer blamed on the state, but are relegated to the personal sphere of
stakeholders who are mostly farmers. The distress of petty commodity produ-
cers is addressed through the politics of welfare. However, any reduction of
welfare measures could have expected outcomes.
Notes
1. The issue of agrarian transition and mode of production in India was debated
vigorously in various issues of Economic and Political Weekly and Social Scientist in
the 1970s. Characterization of the mode of production in Indian agriculture got
pegged between two positions, that is, dominantly precapitalist and semi-feudal,
with emerging capitalist relations at one end (Bhadhuri 1973; Patnaik 1973) and
dominantly capitalist relations with persisting subtle semi-feudal relations (Desai
236
Land and/or Labor?
1984; Rudra 1978). There were other equally compelling views that capitalist
relations had already entered under colonial rule (Banaji 1975; Frank 1996), while
some others held the opposite view, that colonial rule introduced feudal relations
and blunted growth of production forces by unequal exchange and drain of surplus
against formation of potential capitalist relations (Prasad 1987). The debate, as
stated by Alice Thorner (1982), remained inconclusive from the diverse positions
taken by the Marxist political economists and the practitioners.
2. “Governmentality” is a Foucauldian term that refers to a process of dividing
populations into groups that are amenable to statistical measurement, using census
and other methods, and fixing governmental programs to the targeted groups,
thereby gaining biopower over the groups. The participation of members in the
program gives the state a positive power over the population besides the sovereign
power it already has. This power over groups is a discursive power that keeps them
fractured (Foucault 2007).
3. Ashok Mitra (1977) argued that the kulak class prevails over the public policy by
influencing agricultural price policy, which caused the terms of trade to shift in
favor of agriculture, affecting industrial accumulation.
4. Andhra Pradesh stands second in India beside other states such as Maharashtra,
Karnataka, UP, Punjab, Haryana, and Kerala. Over two and half lakh (250,000)
farmers have committed suicide between 1995 and 2011. Most of the victims are
small and marginal farmers and many belong to backward classes and scheduled
castes (Sainath 2012). Several scholars who have analyzed the farmer suicides
contend that these suicides are the legacy of the economic reforms (Deshpande
2010; Mishra 2009; Nair and Menon 2009; Parthasarathy 2002; Revathi et al. 2009;
Singh 2010).
5. The contemporary agrarian crisis that began in the mid-1990s is much more than a
mere outcome of neoliberal policies adopted since 1991 as contemplated by some
scholars (Reddy and Mishra 2010). But the neoliberal reforms have certainly accen-
tuated the crisis. Ecological strain resulting from intensive monocropping and
extensive use of groundwater has imposed externalities (Reddy et al. 2001).
6. The study was done in 2012–13, during which Telangana state was not yet separ-
ated from Andhra Pradesh.
7. The history of factional fights in Rayalaseema villages dates back to pre-British times.
The village chieftains who were the warlords in the Vijayanagar Empire passed the
unfettered legacy into modern times. Thomas Munroe, the Collector of Bellary, had
suppressed these local warlords, called “poligars,” ruthlessly. Still, some of them
survived as factionists who dominate village politics. While much of the factionism
has died down, it survives in a small belt in Karnool-Cuddapah districts. A last active
phase saw the induction of these into the two bourgeois parties in the 1980s. Some of
them graduated into big time politicians, one of them became even became a chief
minister, to name Rajasekhar Reddy (see Balagopal 2005).
8. Kamma farmers managed low wage rates by shifting to piece rates in the 1980s, but
were unable to control them due to the 1989 Scheduled Caste and Scheduled Tribes
Atrocities Prohibition Act. Then leasing became a better option, where risk could be
transferred to the tenant and the moral hazard problem avoided.
237
The Land Question in India
238
Land and/or Labor?
References
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Bagchi, A. 2008. Perilous Passage: Mankind and the Global Ascendancy of Capital.
Plymouth: Rowman and Littlefield.
Banaji, J. 1975. “India and the Colonial Mode of Production.” Economic and Political
Weekly, 10(49): 1887–92.
Bernstein, H. 2010. Class Dynamics of Agrarian Change. Sterling, VA: Kumarian Press.
Bhaduri, A. 1973. “A Study in Agricultural Backwardness under Semi-Feudalism.”
Economic Journal, 83(329): 120–37.
Byres, T. J. 1977. “Agrarian Transition and Agrarian Question.” Journal of Peasant
Studies, 4(3): 258–74.
Chatterjee, P. 2004. Politics of the Governed: Reflection on Popular Politics in Most of the
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Desai, A. R. 1984. India’s Path of Development: A Marxist Approach. Mumbai: Popular
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Deshpande, R. S. 2010. “Agrarian Transition and Farmers’ Distress in Karnataka.”
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Foucault, M. 2007. Security, Territory, Population: Lectures at the Collège de France 1977–1978,
edited by M. Senellart, translated by G. Burchell. London: Palgrave Macmillan.
Frank, A. G. 1973. “On Feudal ‘Modes,’ Models and Methods of Escaping Capitalist
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Galab, S., Revathi, E., and Reddy, R.P. 2010. “Farmer’s Suicides and an Unfolding
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Mishra, S. 2009. “Agrarian Distress and Farmers’ Suicides in Maharashtra.” In Agrarian
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Three Villages in Andhra Pradesh: a Study of Agrarian Relations. New Delhi: Tulika
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Ramanamurthy, R. V. and Mishra, R. 2012. “Unremunerative Pricing of Paddy: A Case
of Andhra Pradesh.” Study No. 38, DRG Study Series, Reserve Bank of India. Available
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241
10
Anirban Dasgupta
10.1 Introduction
This chapter examines the extent to which land reforms created the condi-
tions of capital accumulation in West Bengal and Kerala, the two states in
postcolonial India that attempted to bring about major land-related institu-
tional change. The idea that land reforms can stimulate a process of relatively
egalitarian capitalist industrialization by increasing the productivity of agricul-
ture and equalizing the distribution of primary productive assets, has been
discussed frequently in the development literature (Griffin, Khan, and Ickowitz
2002; Kay 2002). In India, West Bengal and Kerala are the only states where such
a process could have materialized in principle, as the initial condition of sig-
nificant land reforms was satisfied in these cases. At a time when land reforms
are no longer high on the development agenda, our study is a reminder of the
only attempts at serious redistribution of assets in independent India and how
that has affected the course of accumulation in their local contexts.
Land reforms in both Kerala and West Bengal were brought about through
progressive legislative acts that were the results of long-standing peasant move-
ments led by the left political forces. Although both the nature and impact of
these interventions have been different for the two states, they share common
ground in attempting an alternative model of development in the context of
postcolonial India. The claim here is not that the left governments had a clear
framework of capital accumulation for their states before them when they
brought about the land reform legislation in 1957 (reformulated in 1969 for
Kerala) and 1977. Political literature of the left parties indicates that the primary
driving force behind land reforms was to provide the peasantry with some relief
Land Reform in Kerala and West Bengal
from the exploitative system of agricultural production they were part of.
Nevertheless, being unique for undertaking serious land-related interventions,
it would not have been unreasonable to expect the two states to follow a distinct
development trajectory in comparison to the other parts of India where land
reforms were mostly limited to the abolition of the colonial intermediaries in
the land revenue system.1
Given the above background, the specific aim of this chapter is to compare
the development paths of these two states from the vantage point of their
agricultural sector. In doing so, we want to understand if the process of capitalist
accumulation was strengthened or made more equitable in these two states
with the stimulus of land reform. We start by asking, how did changes in
agrarian relations brought about by the land reform legislation affect agricul-
tural production as well as the different classes of the agricultural population?
Further, in what ways did the outcome of the reforms in agriculture impact the
broader dynamics of capitalist accumulation in these states? Although serious
land reform is no longer considered a policy option or a political imperative in
the Indian context, this comparative study illustrates how important local
institutional factors can be in mediating the relationship between land tenure
systems, agricultural growth, and the extent of capitalist development in the
overall economy. Apart from the historical lessons from these specific experi-
ences for the Indian left, this chapter seeks to clarify the understanding of the
role of agriculture, and thus the place for land, in development in India.
We will engage with two distinct theoretical literatures in analyzing the
cases in question: the political economy literature of the Byres–Bernstein
school that has consistently tried to adapt the classical Marxian concepts to
contemporary realities of agrarian change (Bernstein 2004; Byres 1991) and
the more mainstream, policy-oriented literature on agriculture-led develop-
ment credited to John Mellor and others (Dunham 1991; Mellor 1995).
A political economy analysis is essential to understand the nature of accumu-
lation that had evolved in agriculture, starting from the land reforms and their
implications for the different agrarian classes. The framework of farm–nonfarm
linkages popularized by Mellor is useful to evaluate how the land reform pro-
grams affected changes in agricultural production and how this in turn
impacted the nature and pattern of growth across the rest of the economy.2
While there is a rich literature on land reform for both Kerala and West
Bengal individually, the present study differs significantly in its coverage as
well as conceptualization. First, it offers a comparative analysis of the two
cases and thus hopes to tease out important differences between the two states
in terms of the design, implementation, and impact of the reforms as well as
on the wider development pattern of the two states.3 Second, it uses the
insights from the comparative analysis to understand whether the demand
for land reform has any relevance in contemporary India in making capitalist
243
The Land Question in India
accumulation more robust as well as equitable. This can help clarify the often
muddled discourse on inclusive growth in India from an explicit political
economy position. Lastly, this chapter hopes to contribute indirectly to the
literature on the politics of the Indian left as a comparative analysis of two
major examples of left reformism attempted in postcolonial India. A critical
rethinking of left interventions in the past becomes even more relevant today
when the conventional left political formations have been weakened signifi-
cantly in their erstwhile strongholds of Kerala and West Bengal.
As for any other subnational analysis for India that involves policies imple-
mented at the state level, one has to remember that constituent states in the
Indian republic do not function as independent economic entities. While
agriculture and land are state subjects in the Indian constitution and state
governments do play a very important role in shaping the agricultural sector,
agricultural production takes place in a wider macroeconomic context includ-
ing the trade regime, which clearly constitutes a set of national-level variables.
Having said that, it remains a testament to India’s vibrant democracy that
different so-called “models” of development followed by different state gov-
ernments (often from different political persuasions) are hotly debated in
Indian public life.4 There is also clear evidence to show that state-level policies
and emphases significantly affect the real development experiences of ordin-
ary citizens in various ways (Kohli 1987).
The rest of the chapter is structured as follows: Section 10.2 reviews the
theoretical literature in order to present a conceptual framework for under-
standing how the agrarian reality in an economy shapes overall development
and what role land reforms can play in facilitating this function. Section 10.3
introduces the Kerala and West Bengal land reforms and provides the basic
data regarding implementation of reform measures. Section 10.4 analyzes the
post-land reform development trajectories in the two states. Section 10.5
attempts to evaluate the extent to which land reforms were able to bring
about a distinctive pattern of development by resolving the agrarian question,
especially in its accumulation dimension. The concluding section discusses
the limits of left reformism in the Indian context by highlighting how land
reforms were not sufficient to stimulate capitalist accumulation in these two
states. It argues that in both cases there was a disarticulation of the accumu-
lation dimension of the agrarian question, a conclusion that resonates with
developments in contemporary Indian capitalism.
The role of agriculture in the creation of value in the economy has been a
persistent theme in political economy since the writings of the Physiocrats in
244
Land Reform in Kerala and West Bengal
the middle of the eighteenth century. Marx and Marxian writers following
him such as Engels, Lenin, and Kautsky, wrote extensively on the so-called
“agrarian question,” which relates broadly to the advent of capitalist produc-
tion in agriculture (and the changes in class structure that it brings about in
the countryside) as a precursor to the establishment of industrial capitalism.
For our purposes in this chapter, we will begin by discussing the contem-
porary reading of the agrarian question and its relevance in today’s globalized
world. Akram-Lodhi and Kay (2010) present a useful characterization of the
different “problematics of the agrarian question” based on writings of the
distinguished agrarian scholars Terry Byres and Henry Bernstein. According
to them, the three major problematics are those related to accumulation,
production, and politics. The central focus of the accumulation problematic
is the role agriculture plays in facilitating industrial accumulation by produ-
cing surplus in the form of food, nonfood commodities, as well as labor. The
production problematic is most clearly derived from the classic version of
the agrarian question (following Kautsky and Lenin) and concerns itself
with the development of capitalism as the dominant production system in
agriculture (from feudalism or other precapitalist forms) and analyzes the
factors that determine the speed at which this capitalist transition takes
place in a given context.5 The politics problematic seeks to understand the
changes in the rural class configuration that evolves through the class conflict
accompanying agrarian transition.
It is useful to pause and reflect on how forms of state-mandated institutional
changes in land relations, or what are called “land reforms” more generally,
may affect the resolution of the agrarian question in terms of accumulation,
production, or politics. Most progressive land reform legislation, whether a
result of sustained political struggle or that of administrative exigency, would
have a strong anti-landlord bias geared toward weakening the hold of trad-
itional landlords on agricultural production including their domination in the
credit, labor, and commodity markets. To the extent such reforms are imple-
mented with seriousness, they will clearly change the class configuration in
the agrarian landscape along with a shift in the dominant production systems
in agriculture. Depending on the specifics of the land reforms undertaken and
the historical context, the exact nature of agrarian transition will differ. For
example, in Punjab, the postindependence land reform in the early 1950s was
limited to the abolition of the revenue intermediaries that existed in the
colonial system. This led to a system of production dominated by large-scale
capitalist farmers who were invested in agriculture as a profitable enterprise to
the detriment of the smaller tenants or self-cultivators (Gill 1989). On the
contrary, in the case of both South Korea and Taiwan in the second half of the
last century, where land reforms came in the form of conferring long-term
cultivation rights to the tenants and eventually transferring ownership rights,
245
The Land Question in India
a system of small peasants using family labor emerged as the dominant form
of production in the process completely eliminating the erstwhile landlord
class (a significant section of these being Japanese) (Griffin, Khan, and Ick-
owitz 2002). Needless to say, the vast experience of actually implemented land
reforms across the world over the twentieth century can provide many other
examples of agrarian transition.
The key question for us in this chapter is to understand how the accumu-
lation dimension of the agrarian question is impacted by the advent of land
reforms. A slightly different way of raising the same question is to ask: How
does land reform change the trajectory of overall development in an economy
through its impact on the agrarian production process? At the outset it is
important to recognize that the accumulation process that we are interested
in analyzing is not detached from the dimensions of production and politics;
in fact it is only through a change in these latter dimensions that land reforms
will have an effect on the larger economy through accumulation.
A schematic representation of a so-called “virtuous path” that follows from
the logic of redistributive land reform may be the following (see Griffin, Khan,
and Ickowitz 2002; Storm 2015: 683): confiscatory land reform leads to the
weakening (or possible elimination) of the landlord class and gives rise to a
dynamic system of peasant-based agriculture, given a system of providing
complementary inputs such as credit, technology access, and so on is in
place. This change in the agrarian structure results in growth and surplus
generation in agriculture. A part of this surplus is transferred out of agriculture
for industrial accumulation (both in rural and urban areas) through either
state-directed taxation measures or some mode of incentivizing investment
outside agriculture. As a result, the nonagricultural sector (industry and ser-
vices) grows at a higher rate than agriculture (additionally supported by the
demand generated from a more prosperous agriculture) and labor moves out of
agriculture along a Lewisian path, completing the process of structural trans-
formation. Of course, the entire process can, in principle, happen without land
reforms as well but if we have land reform there is the added advantage of
starting with a more equitable distribution of resources that has the potential
of generating a more broad-based or “inclusive” growth process.
John Mellor and his associates had the above schema in mind when they
advocated an agriculture-led growth strategy (Mellor 1995). There were two
caveats, though. First, as mentioned before, land reform per se was not essen-
tial. As long as an economy could generate significant growth in agriculture
(even through technological means à la green revolution instead of institu-
tional changes), the process can work out. Growth thus generated may not be
particularly shared or inclusive but since its magnitude can potentially be
substantial, trickle-down effects can make a significant dent in poverty. Sec-
ond, there were crucial linkages between agriculture and the nonagricultural
246
Land Reform in Kerala and West Bengal
sector that needed to be strong for this strategy to be successful. This included
demand-side consumption linkages as well as supply-side production linkages
both upstream and downstream.
It is worth repeating that land reforms that were instituted in Kerala and
West Bengal were not policy interventions with explicit development object-
ives in a conventional sense but were natural steps taken in culmination of
long-standing demands and struggles of the small peasants and landless
laborers who constituted an important support base of the left political move-
ments led by the mainstream communist parties. Rather than a longer-term
revolutionary move to further the cause of socialism, land reform was seen as a
means to provide short-term “relief” to the exploited peasantry in what was
characterized as a semi-feudal agrarian system (Bhaduri 1973). Left leaders
have repeatedly said that given the constraints of running a state government
within the larger national governance apparatus dominated by the interests
of big capital, no fundamental change in the economic or political system was
possible. The objective instead is to “provide relief to the people and strengthen
the democratic movements” (Karat 2007).
However, if one looks carefully, it is not difficult to detect an alternative
vision of development among enthusiasts of the left governments at the
initial stages. Take the case of Ashok Mitra, distinguished left-wing economist
and intellectual as well as the finance minister of the first left front govern-
ment from 1977. Introducing a set of articles in the journal Social Scientist in
early 1978 (Mitra 1978: 7) on the opportunities ahead of the new government,
he says:
The reconstruction albeit partial, of the income structure in the villages [brought
about by land reforms] should lead to an enlargement in the demand for goods
and services, which could immediately give rise to the possibility of a planned
expansion of cottage and small industries. This is an area where the Left Front
government would have to apply itself with drive, skill and imagination. The
prospect of a linkage between the demand newly emerging in the countryside
and some urban industries, supplying either inputs for agriculture or finished
commodities for rural consumption, would be equally relevant. True, this series
of additional demands by themselves could have but a marginal impact on the
overall industrial situation. But even were there to be a slight shift in demand for
the products of the organised industrial sector, to that extent a few thousands [sic]
could be additionally absorbed in jobs. This additional employment might in turn
lead to a further strengthening of demand across-the-board, thereby contributing,
howsoever modestly, to general industrial growth.
247
The Land Question in India
In Kerala, the process of land reform started with the election of the first
Communist Party-led state government in 1957. One of the first policy
moves of this government was passage of the Kerala Agrarian Relations Bill
(KARB) in 1959. The KARB had relatively strict provisions of handing over
ownership rights to the actual tillers.8 There was also a land ceiling fixed at 15
acres of double-cropped paddy (or equivalent), going up to 25 acres for larger
families. The enactment of KARB led to political chaos with steep opposition
from all the non-left political parties including the Congress Party, which
represented the interest of the landed class. Although other issues against
the Communist government were raised in the sustained movement by the
opposition, it was essentially focused on the anti-land ownership provisions
of the KARB. Finally this movement led to the dismissal of the state govern-
ment by the central government in 1959, which invoked the controversial
Article 356 of the constitution (Raj and Tharakan 1983). The newly elected
coalition government by the Congress Party introduced the Kerala Agrarian
Relations Act (KARA) in 1960 with some minor changes to the earlier bill.
However, KARA could not be put into operation due to other legal obstacles
and was replaced with the Kerala Land Reforms Act in 1963. Subsequent
versions of the bill diluted the progressive provisions of the original bill.
The newly elected left government passed the Kerala Land Reforms
Amended Act (KLRAA) in 1969, which was ultimately implemented in 1970.
A ceiling limit of 20 acres for a family of five was declared in the act. However,
rubber, tea, and coffee plantations, private forest, nonagricultural land, and
land owned by religious, charitable, and public educational institutions were
248
Land Reform in Kerala and West Bengal
excluded from the act. The act very importantly also made provisions for
abolishing tenancy. According to KLRAA, from the beginning of 1970, all
land under tenancy automatically accrued to the state as the de jure owner
while the de facto rights of such land were given to the sitting tenants (Raj
and Tharakan 1983). By the late 1970s, most tenants were issued purchase
certificates by the state government on verifying their status as genuine
lessees according to KLRAA. Lastly, there was also an important provision
for ownership rights of homestead plots given to the rural poor at subsidized
rates with the government paying half the purchase amount on behalf of the
beneficiaries.
In terms of land redistribution, by 2007, about 31,043 hectares of land had
been distributed among 165,149 individual beneficiaries accounting for
between 1–2 percent of the net cropped area, with merely 0.19 hectares per
beneficiary (Agravala 2010). The land to the tiller program was much more
successful, with almost 2.8 million tenants being conferred ownership rights
on roughly 600,000 hectares of land (Appu 1996, cited in Ramakumar 2006).
Up to 1996, 528,000 households also received ownership of homestead plots
(Ramakumar 2006).
The land reform program in West Bengal proceeded in two phases. The first
phase took place between 1967 and 1970 under two United Front govern-
ments, which was a coalition of different left parties including the CPI (M) and
a breakaway group of the Congress Party called the Bangla Congress. The CPI
(M) controlled the key ministry of land resources and played an active role in
land redistribution during this period. The ministry also passed an amend-
ment to the previous land reform clause with stricter provisions. Instead of
25 acres per person, the ceiling was revised to 12.3 acres of irrigated land and
17.3 acres of unirrigated land for households of up to 5 persons (Sengupta and
Gazdar 1997).9 The main focus of land reform in this phase was appropriation
of ceiling surplus land and its distribution among poor and landless peasants.
The left parties, especially the CPI (M) and the CPI (ML) (the Naxalite or the
ultra-left faction that was not a part of the government),10 were active in
identifying ceiling surplus land including benami land (land held under a
bogus name or name of relatives to avoid ceiling provisions) held by the richer
peasants and landlords as well as putting pressure on the local government
functionaries to use the provisions of land ceiling legislation and appropriate
the ceiling surplus land.
After the fall of the United Front government there was a lull in the imple-
mentation of land reform. The second phase started in 1977, when the CPI
(M)-led left front government (LFG) was voted to power. The main facets of
the LFG land reforms included a) land redistribution, and b) enforcing ten-
ancy rights and decreasing the rental share for sharecroppers through the
registration of tenants in the Operation Barga program.11 The registration
249
The Land Question in India
was carried out initially though state-wide camps organized by the state land
reform department where share-tenants or bargadars were encouraged to
register themselves. This bureaucratic exercise was actively supported by the
CPI (M) through their extensive networks in rural West Bengal.
Although roughly 205,444 hectares of land was supposed to have been
redistributed among 2,102,529 individuals between 1977 and 2011
(Government of West Bengal 2012), it constitutes only 4 percent of the net
cropped area with per capita land redistributed being a meager 0.1 hectare.
The tenancy reform program was relatively more successful than land redis-
tribution, with about 1.5 million sharecroppers constituting approximately
75 percent of the total number recorded by the state. There is mixed evidence
on the extent to which tenants managed to retain their crop share mandated by
Operation Barga. The security of tenure guaranteed to registered tenants has
also not been absolute, with a statewide survey carried out in 2000 reporting
that 14.4 percent of bargaders or share-tenants lost possession of their land,12
with this proportion going up to 30 percent in some districts (Dasgupta 2010).
250
Land Reform in Kerala and West Bengal
agriculture with negative rates of growth in output. The main factor explain-
ing this stagnation is the rapid rise in real wages of agricultural labor through
unionization, which in the absence of any major technological breakthrough
outweighed any increase in labor productivity. This study also contains an
important finding that the growth in tertiary sector service activities, which
was the main growth sector in the economy in the ten years under question,
was being driven by external remittance income mainly from the Gulf region
and was thus not related to the working of the primary and secondary sectors.
This disjuncture continued to be a pattern of the Kerala economy for years
to come.
Kerala, as an exemplary case of advances in social development among
Indian states, is well known in the development literature. Its success in
achieving human development indicators comparable to advanced Western
economies on some fronts despite modest economic performance is justifiably
heralded for the effectiveness of public action in bringing about progressive
development outcomes (Dreze and Sen 1995, 1997). In some accounts, the
policies of the subsequent left governments are identified as the major deter-
minants of this remarkable record, along with historical factors. While it is
true that the presence of left political movements as well as left-induced
policies have had a far-reaching impact on the social landscape by empower-
ing the poor and marginalized, when it comes to land reform in particular, its
economic impact on the growth process in the Kerala economy is ambiguous.
Kannan (1998) makes an important contribution analyzing the Kerala
development pattern from the perspective of labor. The presence of powerful
labor organizations in the state since the early 1980s, due to the predomin-
ance of left politics, shaped the pattern of Kerala’s development. Wage rates
for various categories of labor increased well beyond the cost of living adjust-
ments as well as increases in labor productivity and were accompanied by
nonwage benefits related to pensions and health care. Kannan (1998) shows
that the bargaining power of labor was also bolstered by the phenomenon of
labor migration to the booming Gulf economies from the late 1970s. This
relative advantage that labor as a class started to enjoy, led them to oppose
technological change in industrial production due to the apprehension of job
loss. However, such tactics resulted in a profit squeeze for employers and
ultimately in loss of employment due to capital flight out of the state. The
case of agriculture was no different, with major resistance by organized labor
associations to modern technology, forcing landowners (often small farmers
themselves) to shift to less labor-intensive crops. Kannan (1998: 64) explains
the problem succinctly:
Between the mid-1970s and early 1990s, the area under paddy registered a decline
of nearly 30 percent and by the mid-1990s of 40 percent! This decline in area
251
The Land Question in India
While from the demand side, employment was being curtailed due to the
relatively high price of labor, the high quality of public infrastructure in
health and education as well as the social empowerment of the traditionally
marginal sections also meant that the supply of labor was being qualitatively
changed. An educated group of young job-seekers emerged whose expectations
regarding employment were very different from the previous generation. There
was thus a mismatch in the labor market resulting in open unemployment
rates that were consistently much higher than in other parts of India. Notwith-
standing warnings that the remittances from abroad cannot be relied upon in
the long term, the Kerala economy has continued to depend critically on
remittances and has shown itself to be remarkably resilient to the impact of
the recent financial crisis. Detailed studies indicate that the loss of foreign
employment for Kerala workers had been minimal during 2008–9 (Zachariah
and Rajan 2010). The buoyant service sector, which currently contributes about
78–79 percent of state domestic product (Reserve Bank of India, 2015: table 7) is
largely financed and sustained by this remittance income, making the economy
vulnerable to external conditions.
A recent analysis characterizes Kerala as an “emerging nonagricultural econ-
omy” (Kannan 2011: 64) with barely 14 percent of state domestic product
being contributed by agriculture. In recent years the secondary sector, led by
construction, has recorded robust growth rates along with the service sector.
Agriculture is largely stagnant, growing at merely 0.5 percent annually in the
decade 1997–8 to 2007–8. Interestingly, agriculture still provides employment
to about 33 percent of the labor force in 2009–10, indicating that the process
of structural transformation is far from complete.
Unlike Kerala, there was a spurt in agricultural production in West Bengal
from the early 1980s, after a long period of stagnation that goes back to the
preindependence period. Several authors have credited the land reforms with
this turnaround although there are dissenting voices (Rawal and Swaminathan
1998; Sen and Sengupta 1995) that identify the role of technological changes
including better irrigation facilities for this success. Notwithstanding the
reason, this period of high growth in agriculture has been tapering off from
the 1990s and the agrarian economy in West Bengal has been in a constant
crisis ever since. This crisis is clearly evidenced in the cost of cultivation data
reported in Khasnabis (2008), which shows a clear deterioration of net income
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in paddy cultivation (still the major crop in the state) from the early 1990s to the
middle of the 2000s.
There have been significant changes in the agrarian structure of West Bengal
over the three decades since the land reform program started. While the
inequality of land distribution has remained largely unchanged (with a slight
increase in some periods), there has been a significant decrease in tenancy
from 1971–2 to 2002–3 with a significant increase in the last decade ending in
2013. In keeping with the overall trends in the country, the percentage of
employment in agriculture has fallen in West Bengal as well but the latest data
from 2011–12, still shows 56 percent of workers, according to their usual
status, engaged in agriculture and related activities (National Sample Survey
Organization (NSSO) 2013). The corresponding share of agriculture in the
state domestic product is between 17 and 18 percent. Another significant
change concerns the relative decline of self-employed workers in agriculture
(i.e., owner cultivators) in comparison to agricultural laborers. In the 2001
census, the agricultural workers as a group outnumbered cultivators for the
first time in West Bengal. In the latest 2011 census, this trend is expected to
continue and be reinforced further (distribution of workers by occupation
from the 2011 Census is not available yet). This implies that contrary to the
original objective of creating a small peasant-based economy with most agrar-
ian workers having access to cultivable land, we have a situation of significant
proletarianization emerging in the economy without dynamic accumulation.
Industrial development in West Bengal has been stalled since the 1960s due
to a series of structural factors including regional development policies of the
central government such as inadequate issuance of industrial licenses and
bank credit (see Mitra 2007). The LFG has not been successful in reversing
this stagnation during its rule with the situation worsening in the last three
decades (Bag 2011; D’Costa 2005). Organized manufacturing has been woe-
fully inadequate in providing productive employment to the labor that is
rendered surplus in the agrarian sector. The slack has been picked up largely
by the unorganized sector (manufacturing and services) with its well-known
vulnerabilities. According to a recent estimate, more than 90 percent of total
employment generated in the nonfarm sector in 2007 was in the unorganized
sector (Government of India 2010: 91).
It is in this context that the LFG made a desperate attempt toward indus-
trialization beginning in 2006. This industrialization drive depended primar-
ily on attracting corporate capital by offering incentives, including (but not
limited to) land. This move led to violent protests (most prominently in
Singur and Nandigram) where the government made efforts to acquire
farmland for industrial production. It is perhaps not an overstatement to
say that in spite of many other sources of discontent with the LFG during its
long tenure in West Bengal, it was the state’s land acquisition drive for
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The Land Question in India
industrialization that crystalized the discontent against the LFG and even-
tually led to its defeat in the 2011 elections. The political leaders of the Left
Front and its supporters have come up with their own justification for the
current move toward industrialization. One of the main points emphasized
in this respect is that industrialization is the obvious next step to the
government’s intervention in agriculture, building on the benefits of land
reforms. Thus, land acquisition was justified merely as a continuation of the
earlier policy of land redistribution of the state rather than a major change in
course (Bhattacharya 2007).
10.5 Land Reform and the Agrarian Question in the Long Run
For both Kerala and West Bengal, more than three decades have passed since
the implementation of the land reforms.13 It is reasonable to expect the major
impact of these reforms to have materialized over this period. This is not to
suggest a priori, that land reforms have played an important role in this
context. That remains to be analyzed. Moreover, there must have been other
factors, not directly related to land reform, which played a role as well.
To initiate the discussion, let us recall the three aspects of the agrarian
question following Bernstein: those related to accumulation, production,
and politics. Given that land reforms were primarily motivated to resolve
the political aspect of the agrarian question, that is, to reconfigure the
rural class structure in support of the oppressed classes of poor peasants and
laborers, Kerala and West Bengal have both shown substantial progress. The
stronghold of large landlords has been weakened in local factor and output
markets, the weaker sections of the agrarian population have been empowered
both economically and politically, and feudal exploitative practices have been
largely eliminated. However, there are still reasons for concern. First, there is
evidence, as well as statements from left political leaders, that the traditional
landholding class has transformed itself into a class of powerful rural traders
and businessmen (Mishra 2007; Mishra and Rawal 2002) while retaining
their control of land, albeit in smaller amounts. In some cases, middle or
large peasants have joined their ranks showing some mobility in the rural
class structure. It is interesting, however, that this process has not created a
class of rural capitalists who invest substantial surplus in production-related
activities in agriculture or outside it.
Second, while tenancy has been regulated to a large extent, it is clearly not
eliminated. In Kerala, legal tenancy has been prohibited through the KLRAA
legislation of 1969 but recent studies (Nair and Menon 2006) point toward
the existence of underground lease arrangements, even though it is not
captured in the NSSO macro surveys. In West Bengal there are reports of
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255
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256
Land Reform in Kerala and West Bengal
257
The Land Question in India
growth in agriculture since the inception of the reforms and how that growth
has been translated into increased purchasing power of the rural peasantry
and created the basis for broad-based industrial growth (Bhattacharya 2007).
On the other hand, there is recognition of the severe crisis looming in the
agrarian sector, which makes it necessary to look beyond agriculture for
economic growth and employment. The blame for the crisis is put squarely
on the agricultural policy pursued by the national government for how they
have made agriculture unviable for small producers by eliminating subsidies as
well as downsizing public investment in agriculture.
While it is true that the broad agenda of neoliberal development followed
by the Indian state has had definite implications for the crisis in agriculture
in terms of the sharp reduction in public investment (Reddy and Mishra
2009), it is not clear how the state of the small farmer is different in West
Bengal compared to other states despite three decades of agrarian reforms.18
Moreover, there is also the question regarding the best response in the face of
the crisis. The LFG’s move toward corporate-led industrialization ostensibly
to generate employment has justifiably come under considerable attack in
this respect (Bhaduri 2007).
10.6 Conclusion
We will finish this discussion with a final comment about the nature of
the agrarian question itself, especially in the context of the accumulation
dimension. Bernstein (2006) has noted that in the current phase of capitalist
globalization, the agrarian question with respect to capital may have become
less relevant. Particularly, in the contemporary world of internationally inte-
grated networks of agricultural production, distribution, and consumption,
the national-level intersectoral linkages between agriculture and industry
bolstered by a home market have ceased to be a prerequisite for capital
accumulation to continue (Lerche 2013). Bernstein instead emphasizes the
agrarian question of labor, which broadly corresponds to the crisis of social
reproduction faced by people dependent on agriculture and yet not able to
make a living out of it exclusively.
If we look at the two cases of Kerala and West Bengal, the land reforms
notwithstanding, there is hardly any linkage between the agricultural sector
and the process of large-scale capital accumulation, either within the state or
elsewhere in the country. Even the visions of development that are being
sought either explicitly or implicitly through some form of capitalist accumu-
lation, do not subscribe to any agriculture-linked process in a serious way.
However, there are two aspects pertaining to agriculture that continue to be
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259
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Notes
1. Jammu and Kashmir and Tripura might be considered exceptions to some extent.
2. With some qualifications, the Mellor framework can be used effectively as an
operationalization of the more theoretical understanding of the agrarian question
by Bernstein and Byres, especially in its accumulation dimension
3. There is little comparative work on Kerala and West Bengal. Nag (1983, 1984, 1989)
compares mortality, fertility, and access to health services in rural Kerala and West
Bengal, Desai (2001) compares the left party formation and its role on social
reforms in the two states and Harriss and Törnquist (2015) is an overview compari-
son of the development experiences of the two states. None of them look at land
reforms and agriculture specifically.
4. For example, the huge media attention given to the Bihar and the Gujarat models
of development under the chief ministership of Nitish Kumar and Narendra Modi
respectively.
5. One can also incorporate the cases of implanting noncapitalist forms of produc-
tion systems like those attempted in the USSR, China, or Vietnam within this
framework.
6. Ashok Mitra denied any discussion of the East Asian experience as a role model for
development in either the party or the government at the time of the first Left
Front Government (personal interview, 2013).
7. Although there are numerous academic papers on the so-called Kerala model of
development, they basically talk about the Kerala development experience of
achieving high levels of human development without corresponding high eco-
nomic growth. I have not been able to locate writings by intellectuals or party
activists in Kerala elaborating a blueprint of alternative development following the
land reforms but I suspect that they are there.
8. This so-called “land to the tiller” provision had a major loophole. Even tenants
who merely supervised cultivation were considered tillers and therefore qualified
for ownership (Raj and Tharakan 1983).
9. This ceiling went up to 17.3 acres and 24.2 acres of irrigated and unirrigated land
respectively for larger families.
10. The Indian Communist movement split along ideological lines in 1964 into the
pro-Soviet Communist Party of India (CPI) and the pro-China Communist Party of
India (Marxist). Subsequently, in 1967, a more radical faction of the CPI (M) broke
away to form the Communist Party of India (Marxist-Leninist).
11. According to the West Bengal Land Reform Act (amended) 1972, the legal basis of
the Operation Barga, bargadars were entitled to 75 percent of the produced crop
except in cases where the landlord provided all non-labor inputs. In such cases the
tenant’s share was reduced to 50 percent of the produce.
12. The survey does not mention specific causes for losing possession of land. Micro
level studies report informal transactions in Barga land through which tenants
surrendered their rights to their landlords for a price (Rawal 2001; Hanstad and
Nielsen 2004b).
260
Land Reform in Kerala and West Bengal
13. One can argue that beyond 1983, West Bengal still had redistributed some land but
the scope of this is negligible compared to what had taken place before.
14. The debate on mode of production in Economic and Political Weekly with seminal
contributions by Ashok Rudra and Utsa Patnaik can be consulted in this regard by
interested readers. See Chakrabarti and Cullenberg (2003) for a different take on the
mode of production debate.
15. With the exception of the plantation sector, which was exempted from the land
reform legislation.
16. An apt term quoted by Rajesh Bhattacharya (2010: 201) from Dandekar (1992:
54–5).
17. Some of these cultivators may also earn a livelihood in the rural nonfarm sector.
Recent figures do show a sharp increase in the level of rural nonfarm employment
(NSSO 2013: 81).
18. I am consciously limiting myself to the economic conditions facing the agricultural
population; the question of political empowerment in a Left-ruled state may of
course be raised.
References
Agravala, P. K. 2010. Land Reforms in States and Union Territories in India. New Delhi:
Concept Publishing Company.
Akram-Lodhi, A. H. and Kay, C. 2010. “Surveying the Agrarian Question (Part 2):
Current Debates and Beyond.” Journal of Peasant Studies, 37(2): 255–84.
Appu, P. S. 1996. Land Reforms in India: A Survey of Policy, Legislation and Implementation.
Delhi: Vikas Publishing House.
Bag, K. 2011. “Red Bengal’s Rise and Fall.” New Left Review, 70(July–August): 69–98.
Banerjee, A. V., Gertler, P. J., and Ghatak, M. 2002. “Empowerment and Efficiency:
Tenancy reform in West Bengal.” Journal of Political Economy, 110(2): 239–80.
Bernstein, H. 2004. “Changing before Our Very Eyes: Agrarian Questions and the
Politics of Land in Capitalism Today.” Journal of Agrarian Change, 4(1–2): 190–225.
Bernstein, H. 2006. “Is There an Agrarian Question in the 21st Century?” Canadian
Journal of Development Studies, 27(4): 449–60.
Bhaduri, A. 1973. “A Study in Agricultural Backwardness under Semi-Feudalism.” The
Economic Journal, 83(329): 120–37.
Bhaduri, A. 2007. “Alternatives in Industrialisation.” Economic and Political Weekly, 42(8):
1597–1601.
Bhattacharya, B. 2007. “On Industrialisation in West Bengal.” The Marxist, 23(1): 1–8.
Bhattacharya, R. 2010. “Capitalism in Post-Colonial India: Primitive Accumulation
Under Dirigiste and Laissez Faire Regimes.” PhD Dissertation, Department of
Economics, University of Massachusetts, Amherst.
Byres, T. J. 1991. “The Agrarian Question and Differing Forms of Capitalist Transition:
An Essay with Reference to Asia.” In Rural Transformation in Asia, edited by J. Breman
and S. Mundle, New Delhi: Oxford University Press, pp. 3–76.
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264
11
Mircea Raianu
11.1 Introduction
Of the many recent struggles over land acquisition for private industrial use
across India, those involving Tata companies have been among the most
protracted and violent. Tata Steel’s attempts to set up new plants in Odisha
(Gopalpur, Kalinganagar) and Chhattisgarh (Lohandiguda), and especially
Tata Motors’ proposed Singur factory, have become emblematic of a particular
mode of neoliberal accumulation, resisted by innovative forms of popular
politics (Roy 2011). In each case, variations in industry-specific resource
demands and relationships with state governments are important factors in
shaping the contours of the land acquisition process. But despite the geo-
graphically disparate and relatively decentralized nature of the Tata Group’s
constituent companies, they do share a common operational logic, especially
in formulating rehabilitation and resettlement policies (cf. Pati 2012).
Historically, the Tatas’ early involvement in large dam projects and steel
production sets them apart both from Jawaharlal Nehru’s “temples of modern
India,” and from the latest wave of private acquisitions, led by new players
such as POSCO, Vedanta, and Jindal. The activities of these companies,
including Tata Steel, are seen by many activists as a form of extractive
“internal colonialism,” by analogy with the old East India Company. The
losers in this process are mainly adivasi (tribal and/or aboriginal) populations
in eastern India, who refuse to be converted into industrial laborers or to
accept the loss of their land (Padel and Das 2010). However, other theoretical
The Land Question in India
approaches to the “land question” today place far less emphasis on private
capital, given that around 90 percent of acquisitions in India since independ-
ence have been carried out on behalf of state projects. States are not necessarily
acting purely at the behest of capital, but pursuing their own developmental or
public welfare objectives. According to this view, recent highly visible episodes
of resistance, such as Singur or Kalinganagar, attract disproportionate attention
because of the appealing narrative of the “giant private corporation against
the little man,” but cannot represent the problem in its totality (Chakravorty
2013: 59, 122–3). Such diverse appeals to the past suggest the need for critical
reflections on the role of land acquisition in the longer trajectory of Indian
industrialization.
The historian’s task is to answer the difficult question of which pasts we
should look to for a clearer understanding of the present crisis described by the
editors of this volume as an “incomplete transition,” in which large-scale
capitalist development in India depends upon land acquisition at increasingly
higher prices while the commodification of land proceeds without the con-
version of agricultural populations into wage laborers. As the editors note,
we must examine the manifold conflicts over the “circulation of land as a
commodity,” rather than seeking an originary moment of “primitive accumu-
lation” (Chapter 1, this volume). Expropriation of land in India today is
mainly done by domestic rather than foreign capital, with the state playing
an enabling role. This tendency is not new, but its origins cannot simply be
read back in time without an analysis of the legal and political circumstances
in which it arose.
When and how did the involvement of private capital in land markets
restructure agrarian social relations, and under what conditions was the state
called upon to support this process through legislation or administrative fiat?
I argue that the entry of Indian capital in the industrial sector during the late
colonial period was a key moment in the evolution of the land acquisition
process, which is easily overlooked when taking the postindependence era as
a starting point. This moment made possible two seemingly contradictory
but mutually constitutive trends: the legal designation of private capital as
capable of fulfilling a “public purpose,” and the increasingly direct involvement
of the state in resource capture and management for the purpose of industrial
development.
By “capital,” I mean Indian-owned companies with incentives to undertake
expansion into extractive and land-intensive industries in the early twentieth
century, when British managing agencies largely set the terms of India’s
relationship with the global economy. The Tatas, more than any other firm,
were able to leverage both the legitimacy of swadeshi (self-sufficient) enterprise
and the necessary technical expertise to expand in this area. By “state,” I mean
specifically the colonial state at different levels (central and provincial), whose
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The Land Question in India
The first recorded instance of a demand to put the Land Acquisition Act into
force on behalf of a Tata hydroelectric project involved a concession at the
Dudh-Sagar waterfalls in Goa. Despite the location of the falls within the
boundary of Portuguese India, J. N. Tata assured the secretary of state in
1901 that the new undertaking would “utilize a portion of the power in British
territory.”1 From the very beginning, this was in no way conceived as a public
utilities company; instead, the aim was to start ancillary industries, “be the
landlords of the place and have a yearly income from the property for the sale
of water rights,” and eventually get bought out by an American firm.2 The
government of Bombay was reluctant to “permit occupied lands & forests to
be submerged for the benefit of Goa,” since water for irrigation would flow
into Portuguese territory, and suggested a renewable lease instead of perman-
ent alienation. The government was also skeptical of the Tatas’ monopolistic
intentions with regard to water, and thought their works would require far
more than the 85 acres applied for.3 Ultimately, the matter was dropped as the
Tatas’ attention shifted away from Dudh-Sagar, but these negotiations set
important precedents for safeguarding state prerogatives in future agreements.
In parallel, surveys were being undertaken for a more ambitious scheme at
Lonavla in the Western Ghats, which would supply power to the tramways
and mills of Bombay, with the tail water to be used for irrigation as far away as
the Konkan coast.4 A carefully crafted “Memorandum on Public Utility” spoke
of immense benefits to the growth of Bombay industry, as well as the reduc-
tion of the “smoke nuisance,” what one might today view as promoting
“clean energy.”5 An application was submitted in late 1910 for land measuring
5,467.23 acres in total, with three proposed reservoirs at Lonavla, Shiravte,
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How Much Land Does a Capitalist Need?
and Walwhan. For the government, the “public purpose” clause of the Land
Acquisition Act in this case was invoked with the assurance that power would
be sold without price discrimination. Tail water would not become the prop-
erty of the company, which would instead be granted a share of the profits at a
later date. Land would continue to be subject to revenue assessment at fixed
rates, despite suggestions that the future profitability of the lands be con-
sidered in raising the rents. Although the company was held liable for the
cost of alternative land for the displaced, in order to speed up acquisition the
requirement to specify the exact plots required was waived (only names of
villages were to be submitted). Finally, two clauses were borrowed from the
recently completed agreement with the Tata Iron and Steel Company, refer-
ring to the necessity of returning the land if the works were not completed in a
timely manner and to the protection of public rights of way, though even at
this stage officials were unsure whether they could be enforced.6 Each of these
points was to prove a source of constant dispute and renegotiation during the
following decade, as two new companies were registered for the construction
of dams in the Andhra and Nila-Mula Valleys after World War I.
By 1919, the Tata power companies were embarking on the third round of
land acquisitions, with the Andhra agreement recently signed and notifica-
tions under Section 40 of the Act about to be sent out to the villagers of Mulshi
Peta in the Nila-Mula Valley. Reports of delayed or inadequate compensation,
lands submerged without being measured, and works begun before the final
settlements were reached, had begun to circulate among the Mulshi villagers,
who duly sent their objections in a series of petitions to the government and
began to organize in opposition to the project (Vora 2009: 31–6, 52–4). The
petitioners rejected private capitalists’ claims to fulfilling a public purpose,
which was left completely undefined by the Land Acquisition Act. The sub-
stance of their legal argument was that the Act was “not intended for the
wholesale acquisition of vast tracts covering hundreds of square miles, and
causing the depopulation and submersion under water of numbers of vil-
lages.” They pointed to a clause in the Andhra Valley agreement whereby
the government received “an additional sum of money equivalent to the
amount of compensation” plus the statutory 15 percent bonus for compulsory
acquisition, as well as the profits on tail water and the rights to increase of
assessment, as evidence of the unfairness of the proposed compensation.7 The
government responded that they made no profits from the additional market
price of the land (collected without the bonus), which “goes to form a fund for
the amelioration of local conditions,” and that tail waters would be utilized
“in the interests of industrial development.”8 The origins of this convoluted
arrangement of “double compensation” lie in officials’ recognition that simi-
lar land could simply not be offered in exchange as per the provisions of the
Act, so “we should double the land values, pay half in compensation and keep
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The Land Question in India
the balance as a fund to use for the benefit of the expropriated hillmen.” This
was not done for purely altruistic or even paternalistic reasons, but as an
attempt to extract a royalty commensurate to the “situation value” of lands
that were about to appreciate due to their importance for the company, yet to
which the government had renounced all claims. The provision was subse-
quently dropped in the Mulshi agreement, with all costs of resettlement and
compensation to be borne by the company.9 One of the many underlying
conflicts exposed by the extraordinary resistance to the Mulshi project was
over the character of the colonial state itself, as primarily a rent-seeking entity
newly charged with promoting industrialization following the report of the
Indian Industrial Commission in 1918. This required the state to partly aban-
don its role as the designated protector of a settled agrarian order and to
actively engage with speculative pricing in land markets.
To return to the grievances of the Mulshi peasants and their leaders, one of
the key points of contention was the extent of lands to be acquired. At the
outset, the collector of Poona received conflicting information that suggested,
as had been the case at Dudh-Sagar, that the Tatas were deliberately under-
stating their requirements: “Tatas’ say that the lake will only be 15½ square
miles in extent: and almost in the same breath that they propose to acquire
40,000 acres. I am trying to get them to reconcile these figures.”10 To be sure,
the majority of opinion in the valley was against acquisition entirely, symbol-
ized by the cry of “Jan kinwa Jamin” (life or land) raised by Senapati Bapat’s
satyagraha movement (insistence on truth) (Vora 2009: 48, 84–5). But the
particularities of land being submerged by dams were such that the Tatas
sought to limit the amount of land to be acquired, while those willing to
accept compensation or resettlement demanded the company acquire
affected as well as submerged villages at the same rate. A petition from one
K. B. Joglekar claimed the secretary to the governor had given the assurance in
1920 that lands outside the contours of the lake would be purchased, but he
was curtly informed that no such requirement existed.11 In fact, the commis-
sioner had written to the Tatas pointing out that “while all the rice lands of the
Cultivators’ villages are taken up, their ‘Workas’ or ‘Jirayat’ lands which are
useless to them are left untouched.” It would only be fair that these lands be
acquired as well. In response, the Tata Power Company Board directed that
“care must be taken not to acquire any lands other than those which fall
within the rule of ‘injurious affection,’ ” and that compensation would be paid
at market rates and not at the “excessive” acquisition rates (which had been
agreed to only for the sake of expediency).12 Eventually, lands in nine villages
were purchased by private treaty at lower rates: “Rs. 25 to 30 for Jirayat lands
as against Rs. 60/- being paid within the submerged area.”13 By virtue of
its drastic effects on the geography of the surrounding region, the dam pro-
jects produced a distinct set of inequalities, as the provisions of the Land
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How Much Land Does a Capitalist Need?
Acquisition Act were not applied to degraded lands. The law, then as now,
provided few mechanisms for redress that went beyond the alienation of land
as a commodity. The character of land as a resource that could be easily
devalued in multiple, often unpredictable, ways went unrecognized.
This section steps back from the details of the Mulshi case, in order to
examine the broader legal apparatus through which the state dealt with
land claims in this period. The question of compensation was crucial because
it could set a precedent in future acquisitions. Even as the company exploited
the ambiguous and ad hoc nature of the process, the colonial state was
repeatedly forced to clarify the principles which justified the operations of
the Act in the context of clamors for legislative reform, and even confusion
among its own officials. The standing instructions for acquiring officers in
1911, as the first Tata agreement was being negotiated, were to ascertain the
“market value of the land” through laborious on-site investigations of sales.
They were reminded that “ ‘potential values,’ such as may arise from the use
to which the land is to be put, are expressly excluded from consideration.”
Service or inam lands could be acquired, but had to be compensated through
a grant of equal lands in exchange or an annual payment.14 The Mulshi
petitioners were to be tragically disappointed in this respect. They believed
the sanads (deeds granted to princely states in British India) held “from the
time of the Peshwas,” which included both the soil and revenue, were
“absolute and for all times to come.”15 They also rejected compensation
based on market value, proposing instead the “cost necessary to secure
slightly superior lands in another locality.” Since the lands sold on the
market were often of the most inferior quality, they could not be a reliable
guide in fixing the rates. The “real market value” according to the cultivators
themselves was in fact three times greater than the proposed awards, ranging
from Rs. 1,750 to Rs. 2,500 per acre (Vora 2009: 68–72).16 The final amounts
upheld by the District Court, by contrast, came to Rs. 550 per acre for ambemo-
hor rice land, Rs. 350 per acre for sal (actually a forest seed containing oil) rice
land, and Rs. 50 per acre for jirayat (dry crop) lands, plus the 15 percent bonus
for compulsory acquisition.17 They had been determined “unofficially” by the
government, bypassing the Land Acquisition Act and thus “not strictly in
accordance with the law.”18 Although higher and more speedily disbursed
than in the Andhra Valley case, the Mulshi awards satisfied neither the propri-
etors nor the government.
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The Land Question in India
are reduced to a minimum, and may safely be, as titles are jealously guarded and
the seller is normally a person with a title. In India with its present form of quasi-
parliamentary government and a special branch of civil law which deals with
benami transactions and a very haphazard method of dealing in land as though
it were ordinarily a form of property transferable as freely as a roll of cotton cloth
(thought it must be admitted that the law itself does not countenance such a
procedure) it is absolutely necessary that a special collector must be appointed to
extinguish all rights on the property.20
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How Much Land Does a Capitalist Need?
273
The Land Question in India
But what, then, of the prospect of proletarianization? This was one of the
strongest incentives offered to the Mulshi peasants for acquiescing to the dam
projects. Their counterparts in Andhra had agreed to serve as contract labor on
the dam for seven years, and it was hoped this example would be emulated.
A statement submitted by the company in advance of a Legislative Assembly
debate in 1921 made the following claim:
An agriculturist who earned a bare pittance of about Rs. 60/- to 80/- per year by
putting in only 3 months of agricultural labour during the year could earn over
250 Rupees by working for a year on the works at the site of the dam. The obvious
incentive to work would turn him into a daily labourer of regular habits, who
would refuse to go back to the land at the end of the construction period and
would join the ranks of industrial labour for his own and his country's good . . .
[The] total income during the 6 or 7 years of construction which in many cases
would greatly exceed the value of the land they were dispossessed of, apart from
their rescue from the strangling grip of their money lenders.26
The Tatas were, in effect, promoting a sudden and irreversible change in the
class structure of the valley, but without the creation of a long-term stable
workforce on the site (by contrast with the strategy adopted at Jamshedpur).
The worker, alienated from the land and appropriately disciplined, would be
left to roam on his own in search of future employment, presumably in the
factories of Bombay. The Settlement Report in 1926 optimistically declared
that “the Tata works at the Mulshi camp have almost revolutionised the whole
Peta,” despite conditions being “at present unstable and in a state of transition.”
Wages of field and skilled laborers had quadrupled due to the Tata works. But
the most positive result of the land acquisition process was that “a few agricul-
turists who were ever in slavish bondage of their Saokars [moneylenders] having
paid off their debts from the amounts of awards are now free people entering on
a new lease of life though under most trying conditions.”27 In response, the
collector of Poona wondered whether “the demand for labour and food and
the general stimulation of trade caused by the large camp and construction
works is the only cause of the apparent prosperity of the inhabitants.”28 Indeed,
most outward migration had taken place immediately after the acquisition, and
the few remaining villagers resumed farming on inferior quality soils. Even the
displaced who did make their way to the city could not benefit from ongoing
links with the countryside, which otherwise played a crucial role in sustaining
the livelihoods of the working classes of Bombay (Chandavarkar 1994). The
Peta remained without irrigation and electricity until the early 1980s, when
the Mulshi Dam Region Development Committee was formed. Its demands
extended to the provision of roads, schools, and hospitals, as well as permanent
appointments and reservations for affected persons in the company’s works
(Vora 2009, 158–62). This movement pursued a belated recognition that the
274
How Much Land Does a Capitalist Need?
company was tied to the land and people, despite all its attempts to disavow
them. As with most subsequent large hydroelectric projects in India, labor
demands were easily met by minimal casual recruitment from the areas around
the dams, which remained isolated and impoverished (Hardikar 2013). Displace-
ment for dams results in the destruction of land, which cannot be re-purposed
or returned to the original owners. Provision of infrastructure or alternative land
for cultivation thus becomes the claim of last resort for the displaced.
The case of steel plants presents, at first glance, a set of conditions radically
different from the construction of dams. Land is not destroyed but converted
to productive industrial use, and the conversion of agricultural populations
into industrial workers appears more feasible. However, acquired land is
almost never released, even when projects are later given up, and the demands
of creating a secure township and housing a substantial labor force lead to the
necessity of maximizing the surface area to be acquired. This section under-
takes a brief comparative analysis of land acquisition for the steel plant at
Jamshedpur, in order to point to some of the general features of the process
not reducible to the characteristics of a specific project.
Around the same time as he was contemplating the Dudh-Sagar power
project, J. N. Tata began the process of acquiring prospecting licenses for
iron ore, coal, copper, and manganese in the Chanda District of the Central
Provinces, with a view to setting up an iron and steel plant. He sent his son
Dorabji and his nephew Shapurji Saklatvala as far afield as Hyderabad to
pursue all possible leads on raw materials.29 This venture, more than any
other, would require the Tatas to negotiate with the numerous princely states
then controlling vast tracts of land in central and eastern India. With inves-
tigations at Chanda yielding little result, especially with regard to coal of
sufficient coking quality, a fortuitous series of discoveries were made of suit-
able iron ore deposits at Dalli-Rajara near Raipur, and coal beds at Jharia in
Bengal. Saklatvala observed in 1904 that this would mark a significant shift in
location eastward: “We shall not be able to manage easily two Iron-mining
establishments at great distances in Dhullee and Chanda.”30 Having decided
on the sources of raw materials, the next question to be resolved was the
location of the plant. At this juncture, the most important intervention
came from the princely state of Mayurbhanj near Bengal. The geologist
P. N. Bose, then in the employ of the Maharaja, pointed to the extraordinarily
rich iron ore deposits in the Gurumahisani District. The terms of the lease were
favorable, so this became the preferred source.31 This series of decisions reveals
the ways in which a regime of extraction and production emerges across state
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The Land Question in India
spaces marked by multiple sovereignties (princely and British), and under the
constraints of particular resource geographies.
For this reason, I pay close attention to the negotiations over Sini, a site
located 170 miles inland on the Bengal–Nagpur Railway in the Seraikela state
and ultimately not chosen, which presented difficulties similar to the falls at
Dudh-Sagar. The colonial state grew concerned that the new company would
evade their control, and the potential benefits it could reap from the industry
would be reduced. The deputy commissioner of Singhbhum tried to persuade
the Tatas to build exclusively in British territory:
If the Sini site is adhered to and the Borgaon Tank constructed for its water supply,
both the site and the tank will be in Native States, out of the direct control of
British officers . . . Even after the construction the commencement of the Works,
there are several details of administration where Native States are likely to be
obstructive & troublesome in various ways.
The Tatas’ response was to essentially play one power against the other:
There are two alternatives open to us:- (1) To shift the site as they advise, or (2) to
obtain an option from the Raja of Seraikela fixing definite price for the land to be
occupied by the Works . . . it should be put before him that in case he wouldn’t give
us reasonable terms and a period of option, we would not establish the Works in
his Territory but go over to British land.32
This was a risky strategy, because if the company bound itself to building in
the Raja’s domain, it would be giving up the possibility of using the Land
Acquisition Act: “We might be thus placing ourselves at his mercy. The British
Government could not help us much; there will be no land Acquisition Act to
put into force; and the Raja may insist on his own price being paid.”33 As in
the case of the hydroelectric companies, the primary aim of the Tatas’ acqui-
sition policy was to obtain security of tenure at the lowest possible rates,
whatever the method. But it was not clear whether the flexibility of purchas-
ing by private treaty could overcome the advantages provided by the weight of
colonial law and bureaucracy.
The initial area acquired for the steel plant under Section 41 of the Land
Acquisition Act was 3,564 acres at a rate of Rs. 13 per acre, with a total
compensation amount of Rs. 12,000/- paid to the expropriated raiyats. Tata
Iron and Steel Company (TISCO) informally agreed to provide alternative land
for the displaced, but no explicit provisions were inserted into the agree-
ment.34 There were few protests, mainly because the company had deliber-
ately avoided acquiring the more populated villages. A further 12,000 acres
were added in 1917 for extensions of the plant, employee housing and leases
to subsidiary companies. Borrowing certain terms from the agreement with
the Tata Hydro-Electric Company, TISCO attempted to secure the right to
276
How Much Land Does a Capitalist Need?
277
The Land Question in India
The process of land acquisition for the steel company produced a similar set
of conflicts over the provision of infrastructure as in the case of the hydro-
electric companies. The terms of the initial agreements (which, as I have
shown, borrowed from each other) did not anticipate the effects of the drastic
changes in the respective regions’ geographies and the resulting divergence
between the interests of state and capital. The companies were further drawn
into the complexities of rural social relations within an agrarian system
marked by multiplicity and uncertainty of tenures. They severed the bonds
between moneylenders and peasants at Mulshi and sought to break the power
of local village headmen at Sakchi, through a combination of legal proceed-
ings, and the creation of new land and labor markets. The operations of both
industries extended over large areas, yet were concentrated in a set of bounded
spaces (dams, power houses, and transmission lines on the one hand, and
factories, townships, and mines on the other). The key difference was the
extent to which those boundaries were porous, and the steel company as
producer, employer, and landlord found itself directly governing large popu-
lations that could not simply be displaced and freed as a roaming proletariat.
Indeed, TISCO was forced to absorb and discipline labor on a semi-permanent
basis, which tied it to the countryside and regional political economy in ways
that were difficult to manage and predict.
11.6 Conclusion
The “land question” in India is now receiving due scholarly attention from a
variety of disciplinary and theoretical perspectives. One persuasive revision of
David Harvey’s overarching model of “accumulation by dispossession” pro-
poses an emergent neoliberal “regime of dispossession” in India fundamen-
tally unlike its Nehruvian predecessor, with a shift from “land for
production,” as seen in state-controlled industrial estates and townships, to
“land for the market” in special economic zones (SEZs) where agricultural land
is indiscriminately converted into real estate (Levien 2013: 383–4). On the
other hand, it has been argued that “accumulation by dispossession” does not
apply at all in the Indian case, due to the preponderance of state projects
throughout the history of land acquisition since the Nehruvian period, with
the colonial state assumed to have been “not developmental” (Chakravorty
2013: 90–1, 129). Taking a longer view, I have sought to recover an earlier
“regime of dispossession,” marked by the limited assumption of control
over spaces of resource extraction and production by private capitalists
under the aegis of post-swadeshi industrial development. The colonial state
did begrudgingly commit itself to this goal, but it was unable to reconcile its
own fundamental character as an agrarian rent-seeking entity with the tasks it
278
How Much Land Does a Capitalist Need?
was to perform as a “land broker” for firms like the Tatas. The protracted
negotiations over revenue assessment and the rights to water and land at
Jamshedpur and in the Western Ghats reveal the frustrated desires of the
colonial state to retain some measure of control and assert its own sovereignty,
despite the substantive concessions it had given to the Tatas. It was a problem
specific to this historical moment, with the Nehruvian state later taking upon
itself the responsibility for industrialization, and the postliberalization state
willing to make even greater concessions, such as allowing private capital to
“capture the ground rent” from real estate (Levien 2013: 395).
If much has changed since 1991, we also find continuities between the
present and the more distant colonial past of land acquisition. Negotiations
of capitalists with multiple levels of sovereignty have always been an import-
ant factor in determining outcomes. The Tatas’ playing the Raja of Seraikela
against the British recalls the deal-making over the location of the Nano plant
involving West Bengal and Gujarat, which has been described as the giving
and taking of “geobribes” (Roy 2011: 267). Despite the simplification of
formal tenures after the land reforms of the 1950s and 1960s, the Land
Acquisition Act remains the best instrument available for resolving ambigu-
ities in ownership and usufruct rights (Chakravorty 2013: 112). The broad
definition of the “public purpose” clause of the Act has allowed the courts to
routinely justify acquisitions (Wahi 2013: 51). As I have shown, this definition
was first worked out as the colonial state faced new claims on behalf of private
companies. The Tata case is instructive precisely because it acts at once as a
precedent for, and a catalyst of, the state-driven mode of accumulation that
took shape in the immediate postindependence period and that is now being
radically reconfigured under conditions of rapid globalization and a fractured
political landscape in India.
Notes
1. Tata Central Archives, Pune (hereafter TCA), FP-41. J. N. Tata to Richmond Ritchie,
Secretary to Lord George Hamilton, May 10, 1901.
2. TCA, T53-DES-T20-IMPORTANT-EXTRACTS-DHARAVI-1- 0004, Edward Miller to
Gostling and J. N. Tata, July 25, 1902.
3. Maharashtra State Archives, Mumbai (hereafter MSA), Revenue Department
(Forests), 1911, No. 444, Vol. 116. Grant on lease to Messrs. Tata & Sons of certain
forest lands in Dist. Belgaum for construction of reservoir.
4. TCA, T53-DES-T20-IMPORTANT-EXTRACTS-DHARAVI-1-0043-44. Macdonald
Miller & Co. to Gostling and J. N. Tata, December 30, 1904.
5. TCA, T53-DES-T20-IMPORTANT-EXTRACTS-DHARAVI-2-0065-68. Memorandum
on the Public Utility of the Bombay Hydro-Elec. Scheme, prepared by Dr. John
Mannheim, October, 25, 1906.
279
The Land Question in India
6. MSA, Revenue Department (Lands), 1911, No. 625, Pt. I. Acquisition under Act I of
1894 of certain lands in the Poona and Kolaba Districts.
7. MSA, Revenue Department (B Branch), 1920, No. B-117, Pt. III. Nila Mula Power
Supply Project, Deputation from inhabitants of thirty-seven villages of Mulshi Peta,
pp. 73–83.
8. MSA, Revenue Department (B Branch), 1920, No. B-117, Pt. III. Nila Mula Power
Supply Project, Deputation from inhabitants of thirty-seven villages of Mulshi Peta,
p. 101.
9. MSA, Revenue Department (B Branch), 1920, No. B-117, Pt. VI. Nila Mula Power
Supply Project, Correspondence relating to draft agreement under Section 41 of the
L.A. Act, pp. 89–90, 295–303.
10. MSA, Revenue Department (B Branch), 1920, No. B-117, Pt. V. Nila Mula Power
Supply Project, publication of press note and compensation terms.
11. MSA, Revenue Department (B Branch), 1920, No. B-117, Pt. III. Nila Mula Power
Supply Project, Deputation from inhabitants of thirty-seven villages of Mulshi
Peta, pp. 171–6.
12. TCA, T53-DES-T20-TP-BO-1-PG-025. Tata Power Board Meeting No.18, held on
February 15, 1922.
13. TCA, Box 459, TEC/T20/TP/BO/1, Board Papers, Tata Power Co., 1921–4. Circular
No. 40/22, September 8, 1922.
14. MSA, Revenue Department (Lands), 1911, No. 1636. Instructions for the guidance
of officers acquiring lands under the Land Acquisition Act.
15. MSA, Revenue Department (B Branch), 1920, No. B-117, Pt. III. Nila Mula Power
Supply Project, Deputation from inhabitants of thirty-seven villages of Mulshi
Peta.
16. MSA, Revenue Department (B Branch), 1920, No. B-117, Pt. III. Nila Mula Power
Supply Project, Deputation from inhabitants of thirty-seven villages of Mulshi
Peta, pp. 91, 128–30.
17. Ambemohor is a particular kind of rice from the hills of Western Maharashtra,
while sal is a forest seed that yields oil.
18. MSA, Revenue Department (B Branch), 1920, No. B-117, Pt. X. Nila Mula Power
Supply Project, Rates of compensation to Mulshi Ryots.
19. MSA, Revenue Department (F Branch), 1924, No. 2591-24. Land Acquisition,
Method of correctly estimating the values of land.
20. MSA, Revenue Department (Development),1922, No.79. Land Acquisition Act
Amendment.
21. TCA, Box 459, TEC/T20/TP/BO/2, Board Papers, Tata Power Co., 1925–1933. Circular,
December 23, 1925.
22. MSA, Revenue Department (B Branch), 1927, No. 9299-24. Condition of commu-
nications in Mulshi Peta, Report regarding the Second Revision Settlement of the
Mulshi Peta, pp. 3–4.
23. MSA, Revenue Department (B Branch), 1927, No. 9299-24. Condition of communica-
tions in Mulshi Peta, Collector of Poona to Tata Power Company, January, 31, 1930.
24. MSA, Revenue Department (B Branch), 1924, No.180-24, Non-agricultural assessment,
Kundley Valley Co. quarry purposes, pp. 275–8.
280
How Much Land Does a Capitalist Need?
25. MSA, Revenue Department (B Branch), 1927, No. 8460-24, Tail water of Tata
Hydro-electric works, exemption from water assessment.
26. MSA, Revenue Department (B Branch), 1920, No. B-117, Pt. V. Nila Mula Power
Supply Project, publication of press note and compensation terms, Notes on Tata
Power Co., p. 5.
27. MSA, Revenue Department (B Branch), 1927, No. 9299-24. Condition of commu-
nications in Mulshi Peta, Report regarding the Second Revision Settlement of the
Mulshi Peta, pp. 10–12.
28. MSA, Revenue Department (B Branch), 1927, No. 9299-24. Condition of commu-
nications in Mulshi Peta, Report regarding the Second Revision Settlement of the
Mulshi Peta, p. 49.
29. TCA, FP-36. D. J. Tata to J. N. Tata, September 25, 1902.
30. TCA, FP-41A. Shapurji Saklatvala to Messrs. Tata & Sons, Mining Department,
Bombay, August 22, 1904.
31. TCA, B. J. Padshah to R. D. Tata, February 24, 1905.
32. TCA, B. J. Padshah to R. D. Tata, December 22–23, 1905.
33. TCA, FP-220. Tata Sons to R. D. Tata, December 21, 1905.
34. Tata Steel Archives, Jamshedpur (hereafter TSA), Land Acquisition File No. 5 (1908,
Pt. I). From the Tata Iron and Steel Co. to the Government of Bengal, Revenue
Department, January 3, 1908.
35. TSA, Land Acquisition File No. 12 (1918, Pt. I). Draft of the Preliminary Acquisition
Agreement, General Manager’s Letter no. 306, January 19, 1918.
36. India Office Records, British Library, London (hereafter IOR), Mss Eur E251/22.
Papers of Sir Maurice Hallett, Report of the Jamshedpur Committee, pp. 20–1.
37. National Archives of India, Department of Commerce and Industries (Industries
Branch), “A” Progs. Nos. 1–9, March 1919, Note by A. E. Gilliat in the Revenue and
Agriculture Department, September 19, 1918.
38. IOR Mss Eur E251/22. Papers of Sir Maurice Hallett, Report of the Jamshedpur
Committee, p. 22.
39. TSA, Land Acquisition File No. 12 (1918, Pt. I). Memorandum, June 11, 1918.
References
Chakravorty, S. 2013. The Price of Land: Acquisition, Conflict, Consequence. New Delhi:
Oxford University Press.
Chandavarkar, R. 1994. The Origins of Industrial Capitalism in India: Business Strategies
and the Working Classes in Bombay, 1900–1940. Cambridge: Cambridge University
Press.
Ferguson, J. 2005. “Seeing Like an Oil Company: Space, Security and Global Capital in
Neoliberal Africa.” American Anthropologist, 107(3): 377–82.
Hardikar, J. 2013. A Village Awaits Doomsday. New Delhi: Penguin.
Krishnan, E. 2012. “Private Speculations and the Public Interest: N. C. Kelkar’s Land
Acquisition Bill.” Socio-Legal Review, 8(2): 78–105.
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282
12
12.1 Introduction
Under the global capitalist market-driven regime, land grab in the literature
(including media reports) is used as a blanket phrase to refer to large-scale
commercial land transactions between countries involving transnational cor-
porations for the production of food, biofuels, and timber (Borras, Jr. and
Franco 2012: 34–59; Murphy 2013: 1–12). International funding agencies on
the other hand prefer to use the term “compulsory acquisition” (FAO 2008:
5–17) and “land transfer” (World Bank 2011: xxv–xlv) in which people are
displaced from their major means of production by the state. Without using
the term “land grab,” the United Nations Special Rapporteur on the Right to
Food, in a 2009 report, however, emphasized putting in place proper institu-
tional arrangements to ensure land rights, food security, pre-investment
impact assessments, and transparency for the local populations prior to all
kinds of large-scale land acquisitions or land leases by developing countries
that are attracting international business investments under the impact of
globalization (Schutter 2009: 12–15). An Oxfam discussion paper entitled
“Sleeping Lions,” on international investment treaties and access to food,
land, and water also used the term “land grab” and pointed out succinctly
that in the developing countries natural resources like land and water have
“cultural and communitarian significance” that “exceeds their mere use and
exchange value” (Perez, Gistelinek, and Karbala 2011: 5).
Academic attempts to look into the phenomenon of land grab from a global
perspective have also started (Schutter 2011: 249–79). In a recent introductory
article entitled “Towards a better understanding of global land grabbing,” the
authors viewed land grabs as a kind of land deal politics which was often
lacking in the current debate. I quote from the authors:
Under this general global background on the study of land grabs the chief
aim of this chapter is to write the ethnography of land expropriation by the
administrative wings of the state of West Bengal and peasant resistance
against a pro-peasant communist party-led government in the West Bengal
state in India.1 The uneven path of the capitalist transition in West Bengal
treaded by the then leftist government was marked by the contradictions
between ideology and praxis, coupled with bureaucratic failures and peasant
resistance against land grabs, which finally led to a stalemate toward capit-
alist transition. The ethnographic method of description, which turned out
to be useful in revealing the troubled path of the stalemate involved the
284
An Ethnographer’s Journey
I was among the Members of Parliament (MP) from different parts of the
country at the big Parliament Library building, New Delhi, on June 17,
2008. I was feeling nervous, although I was invited as an expert to
give suggestions on the reforms to be undertaken on the century-old Land
Acquisition Act of India (1894) by which the government’s power of eminent
domain was used to acquire land for “public purpose” in lieu of monetary
compensation given only to the land titleholders and calculated on the basis
of the previous market price of land in the area.
285
The Land Question in India
286
An Ethnographer’s Journey
The LFG in West Bengal claimed its uniqueness among the Indian states not
only by staying in power for thirty-four years through parliamentary democracy
but also for the implementation of a pro-poor land reform program and decen-
tralized local self-government with a fair amount of success (Mukarji and
Bandopadhyay 1993; Lieten 1996).
In the late 1980s, and particularly in the wake of the liberalization in
1991, the focus of the development policy of the LFG radically shifted. The
government, which was fully committed to land reforms, started to invite
capital-intensive and technologically sophisticated private industrial entre-
preneurs, including multinational corporations, to the state. Interestingly,
the success in land reform in the state was first emphasized in the policy
statement of the LFG as early as 1994 and was later cited in a report by the
government as one of the justifications for huge industrial investment
(Government of West Bengal 1994: 1–18; WBIDC 2000: 44).
However, contrary to what has been dubbed a “success” in order to justify
industrialization, an earlier report of the government devoted to the evalu-
ation of the panchayats (decentralized form of governance by elected members
at the village level) in West Bengal observed that land reform was still an
incomplete program (Mukarji and Bandopadhyay 1993: 41). In fact, during
the early 1990s, the ruling LFG leaders argued that since land reform was
a very successful endeavor in the state, raising agricultural production and
the purchasing capacity of the peasantry, the state became the ideal ground
for the establishment of capital-intensive heavy and medium industry.
I call this the industrialization-through-land reform argument. The second line
of argument came from more theoretically oriented Marxists of the ruling
parties, who claimed that industries would be able to absorb the extra labor
engaged in agriculture in disguised form and as well as that resulting from
the introduction of mechanization in agriculture. The proponents of this
argument also stated that agriculture, owing to land fragmentation caused
by inheritance of property rights, and hikes in input costs, have already
become nonviable for many small and marginal farmer families. This argument
may be termed employment-through-industrialization (Mishra 2007: 1–22). The
phrases “industrialization-through-land-reform” and “employment-through-
industrialization” have been coined by me in an earlier publication in the
journal Social Change in 2014 (Guha 2014: 205–28).
The West Bengal Human Development Report (WBHDR) published in 2004
also noted with concern the landlessness among rural households in the state.
It noted a “disturbing feature,” referring to the increase in landlessness despite
land distribution and registration of bargadars (sharecroppers without owner-
ship rights on the land) (Government of West Bengal 2004: 40). In spite of
these findings, the government of West Bengal pushed its agenda of industri-
alization in the era of globalization ignoring its immediate and long-term
287
The Land Question in India
effects on land reforms. This forms the wider context of the ethnography in
which I will now place the local level events around a land grab in the villages
and the land acquisition department of Paschim (West) Medinipur district in
West Bengal.
288
An Ethnographer’s Journey
local left political leaders tried to create the impression that at least one
member of those families would be given employment (Guha 2014: 205–28).
The results of my fieldwork revealed the maladies of state-led capitalist
development on many fronts. Foremost was the fact that land grabs by the
government created not only food insecurity for the peasants but also endan-
gered the land reform initiatives undertaken by the then pro-peasant LFG
(Guha 2006: 155–73). In the absence of any viable industry-based employ-
ment, the dispossessed peasants were simply left to fend for themselves (Guha
2007a, 2013: 797–814; Majumder 2015). The monetary compensation pro-
vided to the land losers could not rebuild their household economy and this
fact conformed to the findings of researchers in many countries of the world
(Cernea 2008: 15–98).
The following events narrated by a peasant in the field area represented a
typical case of a land-loser family affected by governmental acquisition of
farmland in the study area. The family owned 0.54 acres of inherited land of
which 0.22 acres was acquired by the government for the Tata Metaliks
Company and their other piece of purchased land was also acquired for
another company in the year 1991. The head of the family got compensation
money and he saved some money in a nationalized bank. The remaining land
which he possessed after the acquisitions could not provide the family food
for the whole year and they had to buy food crops for two to three months of
the year and this was the most adverse event in the life of the family
(Majumder and Guha 2008: 121–33; Guha 2011b: 336–57).
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The Land Question in India
DATE EVENT
July 2, 1992 Cabinet of the government of West Bengal approved the project for the
acquisition of 1,137.78 acres of land by Act-II of 1948 in eighteen mouzas
under Kharagpur Police Station.3
December 3, 1992 Assistant secretary writes to district collector to proceed.
October 28, 1995 The first public notification published in the newspaper. Acquisition by
Act-I was made. Land amount reduced to 526.71 acres in 10 mouzas.
December 29,1995 The hearing of objections by the land losers completed.
January 10, 1996 Peasants prevented soil testing.
March 22, 1996 Mass deputation by the peasants at the district collectorate. Peasants
demanded land for land or job and higher compensation.
April 2, 1996 Publication of agreement between the company and the government in
the Calcutta Gazette.
April 10, 1996 Peasants submitted memorandum to boycott parliamentary election.
May 2, 1996 Poll boycott decision of the land losers published in The Statesman.
May 22, 1996 CTIL got possession certificate for 238.86 acres of land.
June 21, 1996 The report on the objection hearing at collector’s office completed and all
objections overruled.
May–July 1996 The peasants were not allowed to cultivate on the acquired land. By this
time the payment of compensation started.
February 28, 1997 Land and Land Reforms Minister announces that state would reclaim
unused land leased to industries.
April 11, 1997 CTIL got possession certificate over another 119.39 acres of land
March 12, 1998 The Statesman reported about the adverse effects of acquisition in
Kalaikunda
June 21, 1998 Kalaikunda Gram Panchayat held meeting with the land losers about the
land which remained unused by the Company
October 12, 1998–March The order sheet of the land acquisition Dept. reveals the non-payment of
15, 1999 compensation to land losers as the company has stopped placing funds
since December 1996
April 19, 1999 Land Acquisition Office, Medinipur writes to the MD of WBIDC seeking
advice over this hanging situation
November 18, 1999 The Company Managing Director tells the reporter of The Statesman that
they are not interested to establish the plant the Minister also expresses his
helplessness over the matter
December 7, 1999 Joint Secretary, Land and Land Reforms Dept. writes to Dist. Collector to
send report on the Acquisition
In another detailed report, published seven months later by the same news-
paper, it was stated that the state government still seemed to be undecided
over the fate of the land acquired for CTIL (The Statesman, July 5, 2000: 4). The
individual landowners, who possessed plots of land in this area, also stopped
cultivation since they received acquisition notices in 1996. It may be of
interest in this context to mention that in one of its publications, entitled
Destination West Bengal, the West Bengal Industrial Development Corporation
290
An Ethnographer’s Journey
(hereafter WBIDC) listed the sponge and pig iron plant of Century Textiles as
an “upcoming” industrial unit in the Kharagpur area (WBIDC 1999: 21). One
important point about the acquisition of land for Tata Metaliks (a pig iron
company which has started production) and Century Textiles Companies
deserves mention. Huge chunks of fertile agricultural land were selected by
the companies and the Cabinet Committee of the West Bengal government
gave approval to this selection. My field observation in this area revealed the
presence of a huge tract of undulating lateritic nonagricultural land on the
western side of the southeastern railway track lying on the north bank of the
Kansai river. During my fieldwork, the land losers of this area repeatedly
pointed out that the government should have acquired the nonagricultural
land for the industries instead of taking their agricultural land. When this
point was raised before the officers and employees of the Land Acquisition
Department of the district collectorate, they simply stated that it was the
decision of the government, which the concerned department at the district
level had to execute. Under the strong policy support toward industrialization
no question of corporate social responsibility was raised in the then adminis-
tration of the government of West Bengal (Guha 2011a: 79–98). The govern-
ment neither requested that the companies ask for unfertile land for industries
nor did the government declare tax relief for companies that would have saved
the livelihood of peasants by avoiding fertile land for industries. In any case,
the aforementioned episode of the failure of land acquisition for CTIL not
only disillusioned the peasants about industrialization, but also created the
ground for protest against the land grab for industries. In the next and the last
section of the chapter, I will narrate the ethnography of the peasant resistance
against the land grab.
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compensation at the rate they expected; and third, the proposed acquisition
was against public interest and beyond the purview of the land acquisition act.
It was interesting to observe how the concerned officials of the Land Acquisi-
tion Department overruled all the objections raised by the peasants. Before
rejecting the objections, the officials, however, recognized the severity and
magnitude of the acquisition. To quote from the report: “It is a fact that since
large quantum of land is being acquired and the people chiefly subsist on
agriculture many people will be seriously affected in earning their livelihood
and avocation” (Government of West Bengal 1996).
However, this was the only sentence in the whole report that upheld the
interests of the peasants. The rest of the three-page report was devoted to
justifying the acquisition. The arguments of the officials centered on the low
agricultural yield of the lands, which were monocrop in nature. Furthermore,
the report mentioned the merits of the location of the land that would provide
important infrastructure facilities for industry, such as the nearby railway line
and the national highway No. 6. The report noted that during the hearing of
the objections, the petitioners could not “specify their individual difficulty in
parting with the land,” although in the same report it was stated “most of the
objectors submitted that they have no objection if employment is assured to
them, in the company in favor of whom acquisition is being done.” It is not
clear from the report why the authors of the same could not understand the
nature of “individual difficulty” in parting with the land, which according to
the report was their main source of livelihood.
Three points raised in the report were quite significant and revealed the
insensitive way the government dealt with the acquisition, which was
going to have a severe impact on the subsistence pattern of a group of rural
cultivators in an area where the cultivation was predominantly dependent on
rainwater and a single food crop was grown in an agricultural season. I now
enumerate the points.
First, at one point the report mentioned: “It is worthwhile to point out that
objections have been received only from 342 landowners for the acquisition
of 526.71 acre which will affect at least 3000 landowners, if not more.” It
seemed the official position rested on the logic that since the overwhelming
majority of the peasants would not face any difficulty (at least there was no
record of objection under the Land Acquisition Act), there was no need to
record any objection against this acquisition.
Second, after citing the location related advantages of the land, the officials
overruled objections regarding the question of earning a livelihood by say-
ing that the proposal had been approved both by the screening committee
and by the state after considering all aspects. Incidentally, the screening
committee for the approval of any project included the sabhadhipati
(chairman) of the panchayat samity (the second tier of the statutory local
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The Land Question in India
with plough and bullocks outside the area under acquisition was not feasible
owing to physical obstruction created by the pillars (Guha 2007a).
The district administration had to agree with this demand of the peasants
and arranged for a payment of Rs. 420 as compensation to those families
affected by the construction of the pillars. This compensation payment con-
tinued for two years but with the decline of the movement, the administration
discontinued this compensation.
Both these incidents revealed that under pressure from an intelligent and
organized peasant movement, the company as well as the Land Acquisition
Department had arranged compensation for peasant families having no pro-
vision under the existing legal and administrative framework (Guha 2007b:
3706–11, 2009: 41–53).
The movement reached its peak from the later part of 1995 up to April 1996
during which the farmers even resorted to violent means. In the first week of
January 1996 hundreds of farmers in the Kalaikunda area stormed into the
tent of the engineer who was conducting soil testing and a land survey on
behalf of the CTIL A leading national daily reported on January 10, 1996:
Land Survey and soil testing work in Mathurakismat Mouza in the Kalaikunda
gram panchayat area of Kharagpur rural police station undertaken by Century
Textiles—a Birla group of Industries—had to be abandoned following stiff resist-
ance from villagers last week . . . The farmers also blocked Sahachak for nine hours
yesterday . . . They also lodged a complaint with the police against the firm.
(The Statesman, 1996, January 10: 6)
On March 22, 1996, the same national daily reported a mass deputation by a
group of peasants of the Kharagpur region before the district administration
(The Statesman, March 22, 1996: 6). In this deputation, the peasants
demanded land for land or a job for the members of the land-loser families.
They also demanded compensation of three lakh rupees (INR 300,000) per
acre of agricultural land. After this deputation, about 100 farmers came to the
district headquarters at Midnapore town on April 10, 1996 and submitted a
memorandum to the district magistrate declaring that they would boycott the
ensuing parliamentary election to protest against the acquisition of fertile
agricultural land for the industrial projects. The peasants stated in their letter
that this acquisition would disturb the local economy and destabilize the
environmental balance of the region. This event was also reported in The
Statesman (May 2, 1996: 6). It is important to note in this connection that
neither the state nor district level Congress leadership (the Congress was the
major opposition party) nor any MLA of this party showed any interest in
supporting this movement of the peasants in Kharagpur region by raising
their voice in the West Bengal Assembly. The local CPI (M) leadership and
the elected panchayat members of this area not only remained silent about this
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spontaneous movement of the peasants but they also made every attempt to
silence this agitation by labeling it a disturbance created by Congress to stall
the progress of industrialization under the LFG. Without getting support from
any opposition party, facing stiff resistance from the ruling left parties, and
lacking a coherent organization, this localized peasant movement against
land acquisition gradually lost its intensity. The land losers also made an
attempt to organize themselves by refusing to accept compensation money
for a very brief period under the leadership of a few local leaders but this effort
too did not last long and the movement finally lost steam in the Kalaikunda
region probably because of lack of any support from state-level political parties
or human rights groups (Guha 2011b: 336–57).
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296
An Ethnographer’s Journey
those plots. In the discussion, three or four persons, including one middle-
aged woman and an old man, were present. All of them were denouncing the
government for the takeover of the fertile agricultural land for CTIL which had
not yet been constructed. When the question arose, if people of this area had
started to dislike the ruling party and the government, then why did they cast
their votes at the panchayat and assembly elections to the same party every
year? The reply came from the old man, which is reproduced here verbatim:
Look babu, we poor people always have to ride on some animal almost blind-
folded. After the ride for some time we start to realize whether it is a tiger or a
bullock. But very often we have to twist its tail in order to keep it in proper
direction. (translated freely from Bengali)
All of us, including the old man, burst into laughter but soon I realized that
the joke symbolized the wide gap between the aspirations of the helpless local
peasants in West Bengal and the distant policymakers in New Delhi.
12.6 Conclusion
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The Land Question in India
of market forces seemed to be mere political rhetoric of the left political parties
for contesting election battles in West Bengal. This is the macro-theoretical
lesson I learnt from this multi-site ethnographic account on land grab in the
state under liberalization.
Acknowledgments
I am indebted for this work to the villagers, my students, and the staff of the Land
Acquisition Department of the erstwhile Midnapore district, West Bengal. I deeply
acknowledge Achin Chakraborty, Director, Institute of Development Studies Kolkata,
Anthony D’Costa of the Australia India Institute, University of Melbourne, and
Mritiunjoy Mohanty of the Indian Institute of Management, Kolkata, for inviting me
to present an earlier version of the chapter. I owe my special debts to Anthony for his
critical comments on the successive drafts of the manuscript. However, I am solely
responsible for any errors and omissions.
Notes
1. I have used the term “ethnography” not in the usual anthropological sense of the
term, as the holistic description of a culture, but as a description of my own
interaction as an ethnographer with land acquisition in a particular state of India
in many field sites, including affected villages, government offices, archives, com-
mittee room of the Parliament house, and various public places outside the villages
where I conducted the surveys over a long period of time. This may be called multi-
site ethnography (Auyero 2004: 417–41; Burawoy 2013: 526–36; Gellner 2012: 1–16;
Marcus 1995: 95–117).
2. This Act was passed on August 29, 2013 in the Lok Sabha (lower house of the Indian
Parliament) and on September 4, 2013 in Rajya Sabha (upper house of the Indian
Parliament) under the United Progressive Alliance (UPA) Government. The law,
however, has not come into application since the new National Democratic Alliance
(NDA) Government which has come to power in 2014 has restrained the application
of the new law by amendments on the consent clause and the provision of social
impact assessment through the promulgation of an Ordinance, a move which has
been viewed by experts as the “weakening of the democratic and constitutional
institutions”(Ramesh and Khan 2015: 124–30; Iyer 2015). The Act has provisions to
provide fair compensation to those whose land will be taken away, intended to bring
transparency to the process of acquisition of land to set up factories or buildings and
infrastructural projects and assured rehabilitation of those affected for the first time
in the history of the country (Cernea 2013).
3. Since Independence, besides the colonial Land Acquisition Act of 1894, there existed
another State Act entitled West Bengal Land (Requisition and Acquisition) Act, 1948.
The latter act is no longer applicable in West Bengal since March 31, 1993 by a
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decision of the West Bengal Legislative Assembly. In fact, when this particular piece
of legislation was first enacted in the State Assembly, it was stipulated that the Act
had to be renewed in the Assembly by a majority decision every five years since this
was a very powerful and coercive law. The government opinion was that the State of
West Bengal, which had to receive millions of refugees from erstwhile East Pakistan
just after independence, needed a huge amount of land for various developmental
purposes. By West Bengal Land (Requisition and Acquisition) Act the Government
could first requisition a particular piece of land for which the payment of compensa-
tion may not be made before the land takeover, while in the earlier Land Acquisition
Act of 1894 the government could not take possession of any land without payment
of compensation. In terms of political composition, both Congress and Left-ruled
Governments, who were in power, continuously renewed the Requisition and Acqui-
sition Act of 1948 in the State Assembly and applied it to acquire land for “public
purposes” not only for the rehabilitation of refugees coming to West Bengal but also
for other purposes, like the establishment of industries owned by private companies
(Guha 2011a: 79–98).
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13
13.1 Introduction
this gap between the perception of the community (under customary rights)
vis-à-vis the colonial and postcolonial state (under the positive laws) regard-
ing community land, influences the jurisprudential differences that lead to
different understandings on property rights. This subsequently augments
the process of dispossession through appropriation by the state. Nuanced
understanding of the process of appropriation through various institutional
measures highlights how the state has dealt with the land question in the
hill areas of the region. This similar yet unique history of dispossession in the
hills helps us to understand the process of social transformation in NEI. In other
words, we discuss the scenarios where the state, in the name of pursuing its
development agenda, defines property rights in a way that helps it to appropri-
ate land that subsequently leads to dispossession of the hill communities from
their community land.
NEI comprises eight states (see Figure 13.1). More than two-thirds of the
area of the region is covered by hills, the rest encompasses three stretches of
plains namely, Brahmaputra and Barak (in Assam) and Imphal (in Manipur).
NEI covers 8 percent of India’s geographical area and is home to 3.1 percent
(40 million, census 2011) of the country’s population. NEI shares more than
90 percent of its borders with other nations: China (Tibet) to the north,
Myanmar to the east, Bangladesh on the southwest border, and Bhutan to
Assam
Nagaland
Meghalaya
Manipur
Bangladesh
Tripura
Mizoram
INDIA
Myanmar
303
The Land Question in India
the northwest. The Siliguri corridor (a narrow stretch of land), also referred to
as the “chicken neck,” is the only stretch of land that connects the Northeast
with “mainland” India. Socioculturally, this is one of the most diverse regions
in the world. NEI is home to over 220 ethnic groups and as many languages
belonging to multiple language families. Agriculture is the primary source of
livelihood in the region. In the hills, shifting cultivation referred to as jhum is
practiced, while settled cultivation is the norm in the plains. The hills are
home to a large number of tribes spread over different states while the plains
are overwhelmingly non-tribal.
Method of cultivation has been a marker of civilizational norms where
settled cultivation has been the yardstick of transformation from the “state
of nature” to the “state of civilization.” Those areas and people beyond the
purview of settled cultivation were in the “state of nature” and neither their
proprietary rights nor their method of cultivation were considered to be legal
by the colonial state. So until land is privately owned and is under settled
cultivation, it fails to produce value and thereby is not regarded as property
(Harvey 2011). In NEI, those communities who practice shifting cultivation
on community land face similar categorization in the eyes of the state. This
chapter discusses the role of the state in dealing with community land, and
the ramifications in hill areas of the region. As the state failed to take
into account the usufruct practices of the communities (tribal) in the hills,
institutional dispossession of the communities from their land became a
consequence of the development agenda of the state. The chapter elaborates
how such institutional dispossession has been manifested in different states in
NEI. For example, a process of selective interpretation of customary rights
governing community land by the emerging elites among the Khasi tribe (a
matrilineal tribe) in Meghalaya paved the way for increasing land concentra-
tion in their hands; whereas the absence of a cadastral survey and record of
rights over community land leads to the non-acceptance of proprietary rights
of the communities while appropriating these lands for development projects
in Tripura. Likewise, the vacillating understanding by the state of “custodian”
and “owner” of community land created conflicting claims over lands among
several hill communities in Manipur, which continues to fuel instability in the
state. To provide a contrasting view of the hill areas, three states are selected for
our analysis. While Meghalaya and the hill areas of Tripura (under the Tripura
Tribal Autonomous District Council) are governed by the Sixth Schedule of the
Indian Constitution,1 which provides autonomy to the communities to govern
themselves, Manipur is not governed by the schedule. By comparing the scen-
arios among the states, the chapter provides critical insights into the modes
of dispossession of the communities from their community land and high-
lights that, under the development agenda pursued by the state, constitutional
protection falls short in checking usurpation of community resources in NEI.
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Land and Dispossession
In Section 13.2, we deal with the epistemology of the gap in the perceptions
between the community and the state in terms of land as a resource, which
will help in theorizing land in the hill areas of the region. In Section 13.3, the
intuitive nature of the communities to continue with the practice of shifting
cultivation and the counterintuitive effort by the state through policy initia-
tives in discouraging such cultivation is discussed. The state’s agenda of
comparing shifting cultivation with petty production and simultaneously
encouraging the adoption of policies to replace it with settled cultivation
and/or plantation agriculture is an age-old phenomenon. The consequences
of such an approach on the communities are also discussed in this section. The
constitutional provision in the form of the Sixth Schedule for the protection
of tribal rights, providing them autonomy to govern themselves, for example,
through the formation of the district councils and the acceptance of custom-
ary laws, has been an important milestone in Indian administration. But the
gaps between the provisions in the Schedule and the practices in administer-
ing the same, particularly related to community resources (land) are discussed
in Section 13.4. Selected judicial cases are referred to here to highlight the
contradictions in the schedule areas. Section 13.5 deals with the modes of
dispossession in the three selected states of the region. While selective inter-
pretation of the customary laws under the Sixth Schedule helps emerging
elites in the Khasi society to usurp community land in Meghalaya, thereby
aggravating the problems of landlessness and indebtedness in Meghalaya,
the absence of a cadastral survey and therefore title deeds on community
land has resulted in communities being dispossessed from these lands in
Tripura. In Manipur, the vacillating nature of the state in recognizing the
role of the chiefs as well as equating their rights as “owners” instead of
“custodians” has led to conflicting claims of various communities over
community lands. While the discussion in the chapter focuses on commu-
nity land and the dispossession of the communities from them due to
various institutional measures, in Section 13.6, we relate this understanding
to the emerging hydropower sector in Arunachal Pradesh, which is becom-
ing the latest casualty in terms of separation of the communities from their
resources and thereby dispossession. This hill state (a non-scheduled state
under Panchayati Raj, which is a decentralized form of governance by a
committee at the village level) in NEI bordering China is presently under-
going a spree of dam building for hydropower generation, showcased as a
development initiative through state–market collusion to foster growth and
prosperity in the region. What has been the experience of the communities
in the state in this process? Is it leading to a new form of dispossession in
the contemporary era? In the concluding section we sum up the experi-
ences of institutional dispossession of the communities in the hills of NEI
and foresee that the collusion of state and capital in the contemporary
305
The Land Question in India
306
Land and Dispossession
belongs to the sovereign) and terra nullius (meaning no man’s land) (Roy
Burman 1987) and found nothing unusual in prefixing “waste” to any unin-
habited and/or unused land (or any land that did not accrue revenue to the
Crown) and appropriated it for revenue generation (Chakraborty 2012: 8). For
the tribal communities, on the other hand, social behavior rather than force
was the basis of customary rights over land. The right to use land resources was
embedded in the customary law, which was steeped in the ethnohistory of the
tribes. These customary laws, according to Roy Burman (1987), were based on
the jurisprudential principle of lex loci rei sitae (meaning law of the people
where the asset exists). The jurisprudential principles of res nullius and terra
nullius of the colonial state on the one hand and lex loci rei sitae of the people
on the other, marked the fundamental difference between the two concepts of
rights.2 While the colonials individuated the rights on land, the tribal concept
of right was communal. Due to the usufruct nature of land rights, community
members did not treat any unused land as “waste” since this was subject to
re-utilization at a later time (see Table 13.1). Therefore, despite the formal
variations in the customary land ownership patterns among the different
tribes in the region, there were marked commonalities in the essence of land
ownership systems in terms of use of tools and techniques of production, non-
accumulation of effective surplus, absence of rent-revenue, communal labor,
labor reciprocity, and other activities on community land (Ganguli 2008).
This epistemological difference in perception and practice between the colonial
state and the communities in the hill areas of the region laid the founda-
tion for appropriation of community resources, particularly community land,
Customary Positive
307
The Land Question in India
The petty production mode of shifting cultivation did not receive official patron-
age of the colonial state due to its nonsurplus nature, market imperfection, and
the absence of economy of scale. The petty production of shifting cultivation
was discouraged for the sake of generating revenue from the agricultural sector.
It provided the common alibi to the colonials to discourage shifting cultivation
and introduce cash crop cultivation (Dutta 1983; Scott 2009).3
The postcolonial Indian state followed the colonial policy of discouraging
shifting cultivation in postcolonial economic reconstruction. The Indian
Council of Agricultural Research (ICAR), the state-supported organization
for agricultural development and extension services, discarded shifting cul-
tivation as environmentally degrading and promoted the three-tier model of
land use in the hills (see Table 13.2) (Ashokvardhan 2004). This ICAR model,
however, was contested for its labeling of shifting cultivation as an environ-
mentally degrading activity. It was critiqued by Ramakrishnan (1993), who
showed that the ICAR model was framed without looking into the village
structures, settlements, and livelihood systems of different hill dwellers.
According to Ramkrishnan, “the activities of industrial man,” and not the
tribal people, was responsible for destroying the forests in the hill areas of
the region. The “big science” approach followed by the policy makers could
not succeed in replacing jhum cultivation, as the hill dwellers did not show
Table 13.2. The three-tier model of land use and conservation of ICAR
Top 33 Forestry —
Middle 33.5 Horticulture Half-moon terracing for
horticultural plants
Lower 33.5 Agriculture Bench terracing
308
Land and Dispossession
interest in those measures. He reiterated that jhum was a way of life and not
an evil practice (Ramakrishnan 1993).
In spite of this, from the report of the Commissioner of Scheduled Castes and
Scheduled Tribes in 1955 to the Draft Perspective Plan for Development of the
Forestry Sector 2007 (Eleventh Five-Year Plan, 2007–12), shifting cultivation
faced the wrath of the state as environmentally degrading and an inefficient
economic practice. The approach of the state towards land use in the hills
has been influenced by capitalist relations that were tilted toward sedentary
cultivation, cash cropping, horticulture, and industrial use of land. The state
formulated unfriendly policies toward shifting cultivation, de-recognized the
community as a person, and rationalized land tenure through individuation
and land deeds. The Draft National Tribal Policy (2004–6) promoted individ-
ual ownership that defeated the fundamentals of the economy of shifting
cultivation, its usufruct mode, and the incipient collective consciousness
associated with this practice. The National Afforestation Program of the
Ministry of Environment and Forest (MoEF) during the Ninth (1998–2002)
and Tenth (2002–7) Five-Year Plans and the National Mission on Horticulture
(2005–6) also became instrumental in discouraging jhum lands for horticul-
ture and commercial timber.
The policy measures adopted by the states to discourage jhum in the post-
colonial era were critiqued by various studies.4 Karna found that
the new technology and strategy having been geared to goals of production, with
secondary regard to social imperative have brought about a situation in which
elements of disparity, instability and unrest are becoming conspicuous with the
possibility of increase in tension. (Karna 1987: 5)
In an interview with Roy Burman, Datta (1994) found that wet rice cultivation
and dairy farming propagated as an alternative to jhum cultivation had far-
reaching consequences in the hills. Roy Burman remarked:
most of the states in the north-east have adopted programmes of extending wet
rice cultivation and dairy farming in the hills. But in most of the hill areas where
these programmes have been introduced, wet rice cultivation is generally done
by migrant Hindu and Muslim peasants hailing at one time or the other from
Bangladesh, similarly dairy farming in the hills is frequently dependent on Nepali
labour. This is happening not because the hill men are lazy or unenterprising. But
these operations are based on experiences passed down from generation to gener-
ation on crop planning and activities concerning crops in different stages by
relating to soil type and water management, ethno-meteorology; animal behav-
iour in dairy farming, indigenous system of treatment of animal diseases and so
on. Gender related social organisation of labour and time budgeting for various
activities are involved. . . . (Datta 1994: 61)
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310
Land and Dispossession
such as the district councils and their dealings with community land in select
hill areas of the region to highlight the gap in the avowed principle of
autonomy and self-governance of the institutions under the Sixth Schedule
and the actual process of administration in these areas. A brief discussion on
the legal pronouncements helps us to understand these differences related to
governing community land under the councils.
The Bordoloi Subcommittee (the precursor to the Sixth Schedule) registered
anxiety of the hill people over the protection of their land from being alien-
ated. The report stated that:
there was an emphatic unanimity of opinion among the hill people that there
should be control of immigration and allocation of land to outsiders, and that
such control should be vested in the hands of the hill people themselves . . . We
recommend that the Hill Districts should have powers of legislation over occupa-
tion or use of land other than land comprising Reserved Forest under the Assam
Forest Regulation of 1891 or other law applicable. (Hansaria 2005: 230–1)
the tribes should have the right of deciding for themselves whether to permit jhum
cultivation or not . . . While therefore we feel strongly that jhuming should be
discouraged and stopped whenever possible, no general legislative bar can be
imposed without taking local circumstances into account. (Hansaria 2005: 230–1)
The land implications of the Sixth Schedule are laid down in Section 3 (1) (a)
of the schedule, which establishes that the district council can make law with
respect to allotment, occupation, or use, to promote the interest of the inhab-
itants. But these provisions under the Sixth Schedule had multiple interpret-
ations and each judicial pronouncement gave conflicting signals regarding the
right of these traditional institutions to enact laws for the protection of
community land under their jurisdiction.7 This puts a question mark on the
extent of legislative competence of the institution of the district council. This
became a contentious issue and a series of claims and counterclaims got
underway between these traditional institutions and the state governments
(Hansaria 2005). This did little to help in preserving the community land for
the usufruct use of the community. A disjointed cocktail of loopholes in the
customary law and the attempt to simultaneously unleash the “animal spirit”
of the positive law by the state resulted in dispossession.
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312
Land and Dispossession
rights, cadastral mapping, and a record of rights of land to protect the interest
of the weak from unscrupulous land grabbers. The recommendation remained
largely on paper as the influential landholding elites foiled the initiative of the
Commission, on apprehension that the land reform would lead to state
appropriation. Bezbaruah (2007) found that waning community ownership
and absence of institutional reforms for a formal property rights regime has
resulted in growing differentiation in landholding and has led to the emer-
gence of landlessness among the tribal population groups in the region.
Protection of the rights of the tribals from nontribals remained the corner-
stone of politics in the hill areas, mainly under the provisions of the Sixth
Schedule of the Constitution. However, with the passage of time in the name
of development of tribal areas the transfer of land to nontribals became
an increasing phenomenon. The development initiatives through schemes
such as plantations on one hand, and nonrecognition of the community
rights over resources on the other, created conditions that not only enhanced
socioeconomic differentiation within the tribes (and among them as well) but
also created enough space for direct or indirect interventions by the nontribals
in the hill areas in NEI. The emerging tribal elites who benefited from such
development initiatives vacillated between two ends—tribalism and pan-
Indianism—choosing options that suited their narrow interests. Recently,
the Meghalaya Transfer of Land (Regulation) Amendment Act 2012 allowed
the transfer of land through sale, gift, exchange, mortgage, lease, and so on
to the nontribals. The Khasi Hills Autonomous District Council issued No
Objection Certificates (NOC) for mortgage of land to financial institutions
and issued land patta (deeds) to private individuals. Educational institutions
came under this exemption with the Meghalaya Private Universities (Regulated
& Establishment & Maintenance of Standard) Act 2012. This provoked civil
society activism by the umbrella organization called the Social Organizations
of Meghalaya Against Land Alienation (SOMALA), which demanded revocation
of the same (Jyrwa 1988).
Community land as a social safety net is fast disappearing among the
Khasis. With no capital access and declining returns from overcultivated
land, many rural Khasis gave up cultivation and became wage laborers.
Absentee landlordism increased as the wealthier and the “urban” tribals
started up plantations and agribusinesses with institutional credit. They main-
tained a nexus with the office bearers in the traditional institutions, for
example durbars, where the business interests made the custodians of these
institutions act as land brokers. The official attempts to conduct a land survey
therefore faced resistance from the durbars and the emerging elites within the
Khasi society (Sharma 1984). Thus, the Sixth Schedule, which was designed to
protect the community resources in the tribal areas, has fallen short of its
desired objectives. Our analysis reveals that the institutions of durbar and the
313
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314
Land and Dispossession
acres of land, most of which belonged to the tribal communities. They were
not compensated as their lands were not registered. Although the project
files mentioned only 2,558 individual landowning displaced families
(13,000 persons), studies found that 8,000–9,000 families (40,000–50,000
persons) were displaced without rehabilitation or compensation. Similarly,
the Gumti hydroelectric project submerged large stretches of tribal arable
lands in the Raima Valley in South Tripura. About 26,000 acres of land,
including 24,000 acres of cultivable land, were submerged and 5,000 tribal
families were displaced by the project (Fernandes 1995).
This is thereby another case where the introduction of positive laws on land
in a milieu of communal ownership led to dispossession and deprivation
among the tribals in the state. The more the state tried to bring about change
through development in these areas the greater was the delinking of the
community from the social economy of community land.
When the institution of district council was created under the Sixth
Schedule of the Indian Constitution, the major focus was the protection of
culture and tradition of the tribal people based on their customary practices
and usages. It was similarly thought of in case of protection of tribal land-
holdings. But contradictions emerged once they were operationalized. On
the one hand, the tribal chiefs deemed this to be a threat to their authority
and status within their clan through state intervention; and on the other, a
lack of understanding of the state of the difference between “custodian” and
“owner” of community land/resources created the opportunities for usurp-
ation of community resources from within the tribes (Karlsson 2011). The
scenario in the hills of Manipur shows these operational contradictions,
which is discussed in this section.
With the introduction of the Manipur Hill Peoples’ (Administration) Regu-
lation 1947 and the Manipur (Village Authorities in the Hill Areas) Act 1956,
the conflict between customary law and positive law escalated. These Acts
were opposed by the Kuki chiefs (Kuki tribes are one of the important inhab-
itants in the Manipur Hills, the other being the Nagas) as they viewed this as a
move by the state to erode their traditional rights and privileges, to reduce
their “control” over community land. They feared that over time these lands
would be transferred to nontribals from the Manipur plains. To allay their
apprehension, the Manipur (Village Authorities) in Hill Areas Act was subse-
quently amended in 1983, stipulating that no transfer or allotment of land
could be made to nontribals without the previous permission in writing of
the deputy commissioner of the concerned district. The deputy commissioner
had to secure consent of the village council as per the rules of the district
council. However, in operational terms, neither the safeguards in the acts
nor the district council could arrest land alienation and dispossession of the
ordinary Kuki tribesmen who enjoyed the usufruct rights in these lands. The
315
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316
Land and Dispossession
317
The Land Question in India
Table 13.3. Hydropower potential* assessed and developed in NER (in MW)
Kohli 2005). The Northeast Business Summit in Mumbai during 2002, the
50,000 MW Hydro Initiative of the Ministry of Power in 2003, and the
Pasighat Proclamation on Power in 2007 were some of the initiatives used.
By 2010, the government of Arunachal Pradesh had already allotted 132
projects to companies in the private (120) and public sectors with a total
installed capacity of 40,140.5 MW. Ironically, in almost every agreement,
huge monetary advances were paid upfront “which greatly compromised
the manner in which subsequent clearances took place as such projects were
considered a fait accompli by both the developers and the state government”
(Vagholikar and Das 2010).
Generating hydropower involves huge social, cultural, economic, and
environmental costs. The impact assessment of hydropower projects either
ignored or showed little willingness to consider these costs. If we highlight
this gap with the example of shifting cultivation, a common practice among
the tribes in the state, it becomes illustrative. Project documents related to
impact assessments of hydropower often marked the submergence area within
their catchments as “degraded.” That those areas, which they termed
“degraded,” would either come under cultivation at the end of the jhum cycle
or have been left fallow after a cycle was beyond their comprehension since
they had little understanding of shifting cultivation. Their idea of what is “big”
and what is “small” was similarly vexed. The project assessments often stated
that only a “small” number of people would be displaced in Arunachal Pradesh,
but what is small for mainland India may be very “big” for the affected tribes in
the state. In the words of Dr. Mite Lingi, chairman of the Idu Indigenous Peoples
Forum:
the “small displacement” argument to sell these projects as being benign needs
to be confronted. The entire population of the Idu Mishmi tribe is around 9,500
and at least 17 large hydel projects have been planned in the Dibang Valley in
Arunachal Pradesh. As per this faulty argument (of small number of affected
318
Land and Dispossession
people), little social impact will be indicated even if our entire population is
supposedly displaced. (Vagholikar and Das 2010)
Ultimately the land, forest, and water resources that are utilized for com-
mercial purpose are nothing but community resources in the hills of the
NEI. This raises several questions, such as, who owns the resources? Who
decides their utilization? And who benefits from their use? In the words of
Akhil Gogoi of Krishak Mukti Sangram Samity:
it is a matter of our rights over our natural resources. These resources are being
handed over to power companies and our rivers transformed dramatically by
political decisions taken in New Delhi and within state governments of the region.
This requires a political response from people of the region and that will be our
focus in the coming days. (Vagholikar and Das 2010)
One who is conversant with the NER will recollect that during the birth of
various insurgencies in the region the questions raised were not much different.
Thus this state–market collusion in the name of hydropower generation is
becoming hegemonic, ignoring the enormous social and environmental costs
both at the site of the projects as well as the downstream areas. In this conflict,
dispossession of tribal people from their communal resource base in their
ancestral land is a foregone conclusion.
13.7 Conclusion
Following the logic of wastelands (as discussed in Section 13.2),9 the colonial
officials considered community property as the sign of a poor institution,
one that hindered investment and growth. Community dispossession in
NEI therefore also became conditional to accumulation. This has been the
“similarity” of the region with the history of global capitalism. But the
historico-epistemological gap between positive law applied by the colonial
and postcolonial state and the customary laws followed by the tribal popula-
tions over community land creates social contradictions and contestation with
no real scope for resolution. Various modes of dispossession through the intro-
duction of alien institutions in the region throw light on the “uniqueness” of
accumulation in the region. This chapter has highlighted that state policies of
land use and cropping pattern, purchase, lease, and mortgage have already
become common. The lease market has sprawled in the hills and both the
“crafty locals” (Datta 1992) and “outsiders” have begun to take maximum
advantage of this situation. Moreover, our analysis also shows that disposses-
sion of community lands has become acute either because of non-recognition
of the customary laws or their selective interpretation aided by the lack of record
319
The Land Question in India
Notes
1. A subcommittee under the chairmanship of Sri Gopinath Bordoloi, the then premier
of Assam was constituted in February 1947 to report on the North East Frontier
(Assam) Tribal and Excluded Areas. This subcommittee extensively toured the region
to gain experience from the people in the region on many issues particularly related
to land, natural resources, forests, and so on and their control over them. The threat
of these resources being exploited by non-tribal communities was also ascertained.
The committee submitted its recommendations during July 1949 to the chairman of
the Advisory of Fundamental Right and gave a number of recommendations related
to the continuation of shifting cultivation, forestry, control of immigration, legislative
measures for protection of the tribals, and so on. The report and recommendations
became the Sixth Schedule of the Indian Constitution.
2. Eugen Ehrlich was one of the earliest jurisprudential analysts to interpret the dichot-
omy between the “state law” and “societal law” and in the process contributed
significantly toward the development of legal sociology and legal pluralism theory.
According to Ehrlich, the monopoly of the state in creation of legal norms appeared
only in modern times, as a precept of political theory and natural law doctrines in
the wake of the absolutist state. Reviewing Ehrlich’s Living Law Michel Coutu opines
that societal law is based upon cooperation and voluntary adherence, whereas state
law is grounded in “domination” and “constraint.” For a detailed analysis see Coutu
(2009). Sociological approaches to law highlight the non-uniqueness of law, which
is reflected in the words of Michael Freeman, “a vision of law as but one method of
social control” (2006: 1). He quotes Brian Z. Tamanaha (which reflects Ehrlich’s
notion of societal law) to validate this point as a rebuttal to standard conceptual
jurisprudence, “what law is and what law does cannot be captured in any single
scientific concept. The project to devise a scientific concept of law was based upon a
misguided belief that law comprises a fundamental category. To the contrary law is
thoroughly a cultural construct, lacking any universal essential nature. Law is
whatever we attach the label law to” (2006: 5). For further details see Freeman
(2006: 1–5).
320
Land and Dispossession
3. James Scott provides an insight regarding the role of the state towards the people
practicing swidden (shifting) cultivation in the South East Asian uplands. According
to Scott, “swiddening has been anathema to all state makers, traditional or modern”
(Scott 2009: 77). He states that “the overriding reason behind such policies, it
appears, has been the states need to use such land for permanent settlement, to
realize for itself the revenue from the extraction of natural resources, and to bring
such non-state people finally to heel” (p. 78). Here it is interesting to note that states
with diverse ideological beliefs have practiced in similar ways to encourage seden-
tary cultivation vis-à-vis swidden cultivation. Thailand, Vietnam, and Burma have
a poor record of torturing and dispossessing population groups who practiced
swidden cultivation. For a detailed discussion see Scott (2009).
Regarding the introduction of cash crops and plantations in the hills of the region,
it is interesting to note that David Scott, the British administrator, introduced potato
cultivation in the Khasi Hills in the early 1850s. In 1853, the total potato cultivation
was 30,000 maunds which increased to 185,000 maunds in 1872 or more than six
times since 1853. For details see Dutta (1983).
4. A number of studies have found cases of land concentration and landlessness among
the tribals of North East India, particularly the Khasi-Jayantias of Meghalaya. Prom-
inent among these studies are Vincent (1979), Mathew and Nair (1983), Dutta and
Datta (1986), and Datta (1984).
5. The Fact Finding Report of Manab Adhikar Sangram Samity (MASS, a human rights
activist group based in Assam) concerning Karbi Anglong district of Assam high-
lights the linkages between the change in land use pattern and the perceived threats
to “homeland,” “identity,” and “security” among the tribal population groups in
the district. As the nontribals possess the occupational skills for wet rice cultivation
and as plantation crops come more under cultivation (with the connivance of the
tribal elites), they become the de jure owners of such land. Now, in the event of any
schism between the tribals and the nontribals the situation boils down to the issue
of “identity-threat” for the tribals at the hand of the nontribals and therefore
securing the land (read “homeland”) from the clutches of the de jure owners becomes
their “sacred” duty. This process led to a situation where the Karbi youths are
influenced by the Karbi insurgent groups with the aim of driving out the nontribals
from their homeland and on the other, the nontribal cultivators (mainly Hindi
speaking people) informally looked to the Indian security personnel stationed in
those areas as their protectors, as they shared common ethnic ties. This resulted in
spiraling of insurgency and violence in the region. For a detailed discussion see
Baruah (2005).
6. The Bengal Eastern Frontier Regulation 1873, the Assam Forest Regulation, 1891,
Land Acquisition Act 1894, the Assam Land and Revenue Regulation, 1886, the
Chin Regulation 1896 and a host of other regulations.
7. In Sunil Dev vs. State of Tripura 2002 (1) GLT 538 it was decided that under clause (a)
of paragraph 3 (a), the District Council can make law controlling the occupation or
use of any land within the tribal area, it can make laws fixing minimum ceiling limit
of allotment, prohibiting conversion of agricultural land into nonagricultural and
preventing diversion of land. It can compel the landholders to keep some portion
321
The Land Question in India
for grazing purposes and for promotion of social forestry. It can set up its own
infrastructure to supervise the proper, fruitful, and beneficial occupation and use
of land. It can also make law compelling the landholder to keep some place vacant
within its boundaries and constitute a community farm for the benefit of poorer
sections. In Tarima Kanta Das vs. Karbi Anglong District Council, 1989(1) GLR 147
and Udaldas Panika Prahlad Chandra Das vs. Karbi Anglong District Council,
1990(1) GLR 78 it was stated that land comprised in autonomous districts, however,
does not belong to the District Council and is owned by the state government
(Hansaria 2005).
These conflicting judgments regarding the rights of the District Council to frame
rules concerning land often created an impression in the mind of the elected
Councilors that they can legislate like state legislators. Justice Hansaria, commenting
on the legislative power of a district council and referring to the case the District
Council of United Khasi and Jaintia Hills vs. Sitimon Sawin (1971) 3 SCC 708: AIR
1972 SC 787: (1972) 1 SCR 398, that had come up for consideration before the
Constitution Bench of the Supreme Court, stated that the power of the District
Councils to make law were extremely limited unlike the Parliament or the State
Legislatures (Hansaria 2005).
8. There are similar incidents about loss of land, particularly community land of the
tribes, due to dam construction. In fact, the Chakmas who are attributed with
conflicting nationalities and statelessness in NER and South East Asia also have a
similar history of dispossession (other than the political causes) due to the construc-
tion of the Kaptai dam in the river Karnaphuli located in Chittagong Hill Tracts
(CHT) in 1964. For details see Bhaumik (1996), Chaudhury (2011), Prasad (2012).
9. For example, Locke’s famous statements, such as “what is produced from one acre of
enclosed land is ten times more than which are yielded by an acre of land, of equal
richness, lying waste in common.” Similarly, “he that encloses and has a greater
plenty of the conveniences of life from 10 acres than he could have from 100 acres
left to nature. . . . ” For details see Chakraborty (2012: 5).
References
Ashokvardhan, C. (ed.). 2004. Socio-economic Profile of Rural India, Vol. II: NE India, New
Delhi: Concept Publishing House.
Baruah, S. 2005. Durable Disorder: Understanding the Politics of Northeast India, New
Delhi: Oxford University Press.
Baruah, S. 2012. “Whose River Is It Anyway? Political Economy of Hydropower in the
Eastern Himalayas.” Economic and Political Weekly, 47(29): 41–52.
Bezbaruah, M. P. 2007. “Land Tenure System in North East India: A Constraint for Bank
Financing?” Dialogue, 8(3). Available at: <http://www.asthabharati.org/Dia_Jan%
2007/Bez.htm> (accessed May 21, 2014).
Bhaumik, S. 1996. Insurgent Crossfire: North East India. New Delhi: Lancer.
322
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323
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324
Postscript
Anthony P. D’Costa
The place of land in society has taken on various shades of significance. Land in
noncapitalist or precapitalist societies was a source of livelihood that produced a
subsistent lifestyle all over the world. Agricultural productivity was low while
wars, tributes, and natural calamities ensured subsistence living. That changed
fundamentally as a new form of economic organization emerged, namely profit-
seeking, market-driven production in trading towns and cities and the rise of
agrarian capitalists in the countryside. Capitalism as an economic system
became embedded in a wide variety of social formations but the pursuit of capital
accumulation became the name of the game. Land was no longer simply a source
of livelihood but an asset that would yield returns over time. Increasing agricul-
tural productivity and surplus labor expelled from the countryside became the
basis for modern economic growth and structural transformation through
industrial development. Primitive accumulation has been the modus operandi
for reducing surplus labor, by separating the peasants from their land, and a
source of agrarian dynamism, leading to the rise of a wage-dependent proletariat.
Not every society experienced this kind of primitive accumulation. Western
Europe was fortunate to have the new world in North and South America and
Oceania as almost a systemic repository for surplus labor, sent out as emi-
grants. The colonies such as India, on the other hand, did not have this option
of sending away their surplus labor. Indentured labor in the nineteenth
century could not exhaust the labor supply, while migrant labor to the Gulf
countries in the twentieth and twenty-first centuries are only temporary
movements. Peasants remained and held on to their land, eking out a
The Land Question in India
326
Postscript
become widespread. But that development itself would be consistent with the
increasing commodification of land, which, without the inherent agrarian
dynamism that is so necessary for India, is unlikely to be able to siphon off the
rural surplus labor to the cities, which at the current juncture do not have the
capacity to absorb them gainfully.
The value of land has a new twist in the context of the rise of a consuming
middle class and rapid growth of Indian cities, fueled by domestic capitalist
maturity, local and transnational finance capital, and a state that is more
capital friendly. Far from the moral economy of the tribal communities for
whom land is both sacred and a source of livelihood, minerals and forests are
seen as resources to be profited from. Domestic and foreign mining and
metallurgical industries see natural resources to be exploited for firm expan-
sion, while the Indian state sees growth as necessary for its own legitimacy, by
anticipating job creation and economic development. For small farmers, land
is the source of subsistence while dispossession and displacement are not
desired. But as land exchange becomes routine more for its nonagricultural
use, its economic value also rises. Not all farmers cling to their land or want to
be tied to the countryside. They are willing to sell so long as the price is right
and an alternative livelihood is available. In this vortex of land exchange,
agrarian crisis, and urban-based growth, many farmers willingly sell, while
others are coerced to vacate with small compensation. The recent contestation
between landowners, cultivators, and the state has been over prices just as it
has been over just compensation and rehabilitation. Those who leave, volun-
tarily or otherwise, often end up joining the ranks of the rural and urban petty
commodity producer sector that remains a persistent feature of the Indian
economy despite high rates of growth.
The persistence of the petty commodity sector is not surprising. The absence
of a rural dynamic and large-scale labor-absorbing industrialization limits
employment possibilities outside the petty commodity sector. Employment-
wise, the formal sector in India is relatively small. One principal reason for
this is India’s late entry into capitalist industrialization. With rapid techno-
logical change underway, late entry compels both strategic and compulsive
leapfrogging. This was already evident by state-led industrialization in post-
independence India where import substitution industrialization jump-started
an agrarian economy but failed to either transform agriculture or create formal
industrial jobs on a large scale. Capital intensity in heavy industries was
already high relative to India’s labor-abundant agrarian economy. With the
diffusion of digital technologies and globalization, Indian firms have been
pushed to adopt recent vintages of technologies and adopt automation like
their global counterparts. Not surprisingly, the result has been further increases
in capital intensity among Indian industries in a milieu of surplus labor. Polit-
ically this outcome can be read as capital on the offensive. With technology
327
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328
Postscript
every month poses an employment and livelihood challenge that no state can
meet, nor can a dynamic private sector (domestic or foreign) invest enough to
employ such an expansion in the workforce. How India will absorb and
accommodate them is anyone’s guess, given the persistence of the petty
commodity sector and limited formal employment. State intervention and
high economic growth thus far have not made a dent in what Sanyal (2007: 249)
calls a “dark space.”
Whether the state will politically manage this “dark space,” or not manage
it, are two daunting possibilities that are hard to imagine. Will the state
become repressive, tearing asunder the very democratic fabric that it has
sewn together since the Republic’s founding? Or will the frustration bubbling
beneath the veneer of aspirations result in revolutionary fervor, or something
else? As the more prosperous state of Gujarat shows, the economic and social
divide between the landless and landowners has become not just pronounced
but predatory, a perfect cocktail for fascism (Breman 2010: 335). Should
the many cities in India and elsewhere that indicate the spread of the
lumpenproletariat—often linked to the ranks of the dispossessed (Saunders
2011)—be seen as an anomaly or a permanent feature of the world economy?
As jobs disappear and self-employment and self-exploitation become the only
avenues for desperate livelihoods, politics could take on a whole new mean-
ing, whose boundaries and practices at the moment remain undefined and
untested but unquestionably tense. In the end, under late capitalism, land and
livelihoods are contested, conflicts bloody, and dispossession inevitable, but a
classic agrarian transition and capitalist development of an earlier era is
beyond the realm of our immediate imagination.
References
332
Index
Kalinganagar 66, 120, 134, 265–6 Manipur 42, 303–5, 312, 315–17
Kamma community 225, 227, 229 Marx, Karl 2–3, 5, 29, 35, 50–3, 69, 77, 178,
Karnataka 167, 237 218, 245
Kautsky, Karl 113, 218, 245 Mass emigration 4, 7, 115, 218, 220
Kelo v City of New London 158 Maude Committee 277
Kerala 22, 29, 40, 81, 210, 247–60 Mayurbhanj (princely state) 275
Kerala Agrarian Relations Act (KARA) 248 Meghalaya 42, 303, 304, 305, 312–14, 318
Kerala Agrarian Relations Bill (KARB) 248 Mellor, John 243, 246, 260
Kerala Land Reforms Act of 1963 248 Michelman, Frank 37–8, 152–3, 157–60, 164,
Kerala Land Reforms Amended Act 169, 170
(KLRAA) 248–9, 254 Midnapore Zamindari Company 277
Kharagpur 162, 288, 290–1, 293–4, 296 Migrant workers 4, 36, 94, 106, 325
Khasi Hills Autonomous District Council 313 Migration 6, 16, 20, 106, 115, 205–6, 212–13,
Khasi society 304, 305, 312–13, 321–2 218, 220, 226, 234, 251, 256, 274, 311,
Kisan Sangathan 144 314, 326
Kuki tribes 315–17 Mining/minerals 5–6, 14, 26, 30, 53–4, 59, 61,
64, 84, 118, 138, 141–2, 162, 176, 180–2,
Labor-exploitation criterion 106 189, 192–3, 275–6, 327
Laclau, Ernesto 2, 10, 11 Mitra, Ashok 237, 247, 260
Land Acquisition Act of 1894 31, 33, 59, 81, Mizoram 303, 318
130, 135–7, 151–3, 161, 163–6, 168, 182, Modi, Narendra 28, 37, 68, 143, 144, 145, 260
267–72, 276–7, 279, 285, 291–3, 295 Moral economy 18, 327
Land Acquisition (Amendment) Bill 137–8 Mulshi 268–74, 278
Land Acquisition (Mines) Act of 1885 142
Land alienation (expropriation) 17, 21, 26–7, Nagaland 303, 318
36, 53–4, 76–94, 120, 182, 266, 268, 271–2, Nagas 315, 316
284, 286, 295, 307, 314–15 Nandigram 66, 67, 69, 85, 162, 170, 253
Land grabs 27, 42, 51, 53–4, 64, 66, 67, 69, 70, Nano 133, 279
76–93, 188, 283–98 Narmada Bachao Andolan 32, 49, 60, 66
Land reforms 17, 29, 40, 103, 106, 117–18, National Alliance of People’s Movements
199, 214, 242–61, 277, 279, 286–90, 295, (NAPM) 66–7, 84, 134
297, 312–13, 316 National Democratic Alliance 33,
Land Reforms Commission 144, 234
(Meghalaya) 312–13 National Forest Policy of 1952 181–2
Land wars 36, 49, 66, 67, 69, 129, 134 National Insurance and Family Benefit
Landlord class 31, 39, 77, 93, 103, 105, 107–22, Scheme 235
199–201, 208, 210, 214, 225, 226, 229, National Rehabilitation and Resettlement
234, 238, 245, 246, 249–50, 254, 268, Policy (NRRP) 161
278, 313 National Sample Survey Organization (NSSO)
Late industrializers 4, 17, 29, 218 119–204, 254
Latin America 2, 27, 56, 326 Need economy 20, 21
Left Front Government (LFG) 67, 162, 242–59, Nehruvian state 51, 55, 59, 64, 66, 69, 71, 146,
283–98 268, 278–9
Lenin, Vladimir 113, 245 Neoliberal globalization 36, 38, 71,
Lewis, Arthur 20, 246 77–8, 118
Lex loci rei sitae 307, 317 Neoliberal India 36–7, 51, 54, 56, 63, 67, 80–1,
License-permit raj 80 83, 85
Locke, John 154, 179, 180, 322 New National Mineral Policy of 1993 61
Luxemburg, Rosa 5 Non-governmental organizations (NGOs) 67,
70, 133, 137, 139, 190, 221, 234
Madhya Pradesh 182, 192 Noncultivating households (NCHs) 39,
Maharashtra 162, 182, 192, 237, 280 199–214, 222, 229, 233, 326
Mahatma Gandhi National Rural Employment Non-farm/off-farm/non-agricultural
Guarantee Act (MNREGA/NREGA) 33, 85, income 23, 24, 27, 31, 39–40, 89, 91, 96,
94, 189–90, 234–5, 238–9 111–12, 114, 117, 120, 210, 231–4, 236
Mahindra World City SEZ 63, 65, 82, 90, Northeast India (NEI) 41–2, 182, 302–20
91, 173 Northeast Region (NER) 317–19, 322
333
Index
Odisha/Orissa 61, 120, 134, 181–2, 191, 193, Rajasthan 22, 63, 65, 67, 82, 90, 162, 173
265, 277 Real estate development 28, 30, 49, 54, 60–2,
Operation Barga 249–50, 255, 260 64–5, 67, 119–20
Over-accumulated capital 54, 55 Reddy community 225
Over-exploitation 218, 219 Regimes of dispossession 35–7, 40, 49–71, 95,
131, 133, 278
Panchayats (Extension to Scheduled Areas) Act Regular salaried/wage workers 85, 86, 87, 88,
1996 (PESA) 38, 177–8, 184–91 89, 91, 93
Panchayats 184, 287, 292, 297, 305 Rehabilitation and resettlement 10, 13, 33–4,
Parastatals 62, 66 58, 68, 82, 130–1, 134, 136, 138–45, 151–3,
Parliamentary Standing Committee 285–6 160–2, 164, 170, 185, 189, 265, 270, 285,
Peasant resistance/protest 6, 41, 77, 84, 93, 295, 297–9, 314–15, 327
186, 242, 284, 285, 291–5, 297 Remittance income/remittances 24, 251,
Petty commodity production/producers 21, 252, 256
39, 86, 87, 88, 89, 91, 216–36, 326, 327, Res nullius 306–7, 317
328, 329 Right to Fair Compensation and Transparency
Physiocrats 244–5 in Land Acquisition, Rehabilitation and
Planning Commission 23, 30, 182, 229, 238 Resettlement Act of 2013 33, 37, 50, 68,
Plantation labor (slave labor) 4 69, 130–1, 139–45, 151–3, 160–5,
Polanyi, Karl 28–9, 179, 187 169, 285, 286
Political society 8–9, 12, 13, 21, 34, 220–1, 235 Rourkela 32, 268
Politics of resistance 83, 134 Rural household income 40, 108–14, 121–2,
Popular resistance 129, 137, 161 231–5
Populism 1–2, 10–11, 14, 220, 259
POSCO 265 Sangh Parivar 68
Positive laws 41, 303, 306, 307, 311, 315, 316 Sanyal, Kalyan 2, 7, 21, 26, 64, 88–90,
Poverty line income 23, 111–12, 122–3, 222, 96, 220, 329
238–9 Satyagraha movement 270, 271, 273
Precapitalist economy 3–4, 7, 19–20, 218 Scheduled Caste 65, 228–9, 237, 309
Primitive “socialist” accumulation 4, Scheduled tribes 38, 65, 176, 184, 192, 228–9,
19–20, 256 237, 309
Primitive accumulation 1–8, 12–13, 17, 19–22, Scheduled Tribes and Other Traditional Forest
26, 35–6, 49–55, 76–95, 118, 178, 180, 220, Dwellers (Recognition of Forest Rights) Act,
266, 325–6, 328 2006 (FRA) 38
Princely states 267, 271, 275–6 Self-employment 8, 21–2, 36, 76, 78, 85,
Privatization 54, 60–1, 92, 314 87–96, 111, 134, 217, 232–4, 253, 329
Productive capital 36, 77, 79, 91, 93, 108 Self-exploitation 7, 39, 107, 218–19, 329
Project affected people 138, 140, 145, Self-help group (SHG) 229, 238–9
151–2, 171 Semifeudalism 22
Proletarianization 59, 78–9, 217, 222, 226, Sen, Nirupam 62, 136
232, 253, 255, 268, 274 Sengkrak 314
Proletariat 16, 20–2, 51–2, 58, 69, 217, 221, Seraikela 276, 279
278, 296–7, 325 Services sector 17, 24, 101, 251, 252, 328
Property rights 32, 38, 41–2, 54, 83, 152, 154, Settlement costs 159, 164, 169, 170
156–8, 169, 177–81, 187–9, 191, 193, 219, Shifting cultivation ( jhum) 41, 304–11, 314,
277, 287, 303, 317 318, 320, 321
Property rights of adivasis 176–92 Sikkim 303, 317, 318
Public Distribution System (PDS) 235 Singur 28, 32, 37, 62, 66–7, 69, 120, 131–7,
Public investment in agriculture 257 142, 146, 157, 160, 162, 169–71, 253,
Public purpose 28, 30–3, 41, 56–7, 67, 81, 265–6, 291, 297
135–43, 152, 155–8, 162, 166–70, 266, 269, Singur Krishi Jomi Raksha Committee 133
272, 277, 279, 285 Sixth Schedule of Indian Constitution 182,
Public-private partnerships 60, 63, 68, 304, 305, 311, 313, 315, 316, 320
140–2, 165 Slums 13, 54, 221
Pune 162, 267 Smith, Adam 3, 51, 71
Punjab 29, 38, 104, 166, 172–3, 210, 237, Social impact assessments 68, 142, 143, 164,
245, 259 165, 284, 318
334
Index
Social movements 129, 140, 145, 146, 183 Telengana (Telangana) 105–12, 121–3, 204–5,
Social Organizations of Meghalaya Against 223–7, 237
Land Alienation (SOMALA) 313 Tenancy 6, 39, 210, 222, 249–50, 254–5
Social welfare transfers 8, 39–40, 81, 83, 85–6, Terra nullius 307, 317
94, 217–22, 225, 234–6, 238 Transition to capitalism 16, 36, 53, 76–95,
Solatium 142, 146, 163–4, 169 101, 103
South Korea 123, 245–6 Trinamool Congress (TMC) 67, 133
Soviet Union 4–5, 19, 42, 256 Tripura 42, 260, 303–5, 312, 314–15, 318, 321
Special Economic Zones (SEZs) 17, 27, 28, 30,
53–4, 56, 60, 63–7, 69, 81–2, 84–5, 90–1, United Front government 249
93, 95, 129, 147, 278 United Progressive Alliance 33, 137,
State of emergency (1975–7) 8, 9 234–5, 298
State violence 55, 58, 70, 82, 186 Unproductive capital 76, 90, 91, 93
State-led development 35, 49–50, 59, 71, 183, Urban development 14, 30, 61–3, 66, 140–1
289, 327 Use values 180–1, 183, 187, 189, 193, 284
Steel plants/towns 6, 30, 54, 59, 64, 265, 267, Utilitarian property theory 159
275–7 Utilitarian fairness standard 37, 152, 157–9,
Sub-Saharan Africa 19 169–70
Subsistence agriculture 6–7, 20, 24, 26, 218, Uttar Pradesh 38, 67, 104, 162, 168
306, 325, 327
Surplus labor 20, 21, 27, 41, 213, 220, 268, Vedanta 181, 265
325–8 Violence in dispossession 13–14, 19, 30, 51,
Swasti Samity 314 55, 58, 70–1, 78, 82, 84–5, 130, 134, 162,
178–80, 186–8, 191, 253, 265, 294
Taiwan 123, 245, 247
Takings law (in the USA) 37, 152–3, 156–8, Wage labor/employment 3–4, 19–22, 36, 51–2,
160, 162, 169–71 70, 76–96, 107, 111, 216, 225–6, 232–3,
Tamil Nadu 67, 82, 204, 210 236, 255, 266, 313, 325
Tata Group 265 Warangal 204
Tata hydroelectric/power companies 40, Weber, Max 154, 306
267–71, 273, 274 Wellman Company 288
Tata Iron and Steel Company (TISCO) 40, 265, West Bengal 28, 29, 37, 40–1, 62, 81, 85, 104,
267, 269, 275–9 106–12, 121–3, 133, 157, 162, 170–3,
Tata Metaliks 162, 288–9, 291, 293 242–60, 279, 283–99
Tata Motors 62, 131, 133–4, 136, 146, 162, Western Ghats 40, 267–8, 272–3, 278–9
171, 265 Workforce composition 78–95
Tata, Dorabji 275 Working class 2, 77, 113, 120, 268, 274
Tata, J. N. 268, 275 World Bank 30, 32, 188–90
335