Hyderabad: The United Nations Education and Scientific Organisation (UNESCO has recently issued a statement titled 'General Comment-26' regarding the implementation of land rights in the International Covenant on Economic, Social and Cultural Rights. In this statement, UNESCO emphasizes the importance of governments worldwide fulfilling their responsibilities in safeguarding land rights.
This development has gained significance as violations of land rights continue to rise. Earth, being the primary source of human survival, highlights the critical significance of land rights. Therefore, land rights have been included in the list of fundamental rights necessary for human survival. From the United Nations Declaration of Human Rights in 1948 to the Declaration of Farmers' Rights in 2018, the recognition of land rights remains consistent.
Various international conventions, treaties, rules, and declarations have acknowledged the right to land. Building upon this recognition, the United Nations adopted the International Covenant on Economic, Social and Cultural Rights in 1966, a commitment that India has already ratified.
Public interest is key
Every individual possesses the inherent right to own land, as articulated in the Universal Declaration of Human Rights. It unequivocally states that no one's land rights should be arbitrarily taken away. This principle was initially enshrined in the Constitution of India as a fundamental right, although it later transitioned into a constitutional right.
The right to land has been enshrined in various international treaties in various forms. Land rights are further underscored in multiple provisions of the International Covenant on Economic, Social and Cultural Rights. In the pursuit of rights related to food security, universal housing, access to clean drinking water, a pollution-free environment, a healthy life with decent standard of living, the freedom to participate in cultural activities, and the right to self-determination, UNESCO emphasizes the importance of providing equal opportunities in land use and control.
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It is argued that the current patterns of land management and utilization hinder the realization of these Covenant-based rights. Factors such as rapid urbanization, escalating land values, increased demand for land across various sectors, and environmental changes have exacerbated these issues due to the absence of proper laws and organized provisions.
Governments frequently acquire land for various purposes, including projects, industries, public interest, and development programs. Those who lose their land due to government-mandated land acquisition often encounter significant challenges. Land acquisition should be legal. Public interest should be clearly stated in the law. For warranting the acquisition of land, the benefit of public use must outweigh the loss to landowners.
Moreover, compensation should be provided, and international standards of rehabilitation should be adhered to. India revised its land acquisition law in 2014 to align with these standards, but implementation challenges persist, leading to allegations of inadequate compensation and rehabilitation for affected individuals.
The security of land rights is contingent upon proper land documentation and registration in government records. Land without a clear title deed is vulnerable to encroachment or government seizure. Consequently, global efforts are underway to delineate land boundaries and grant rights, utilizing modern knowledge, with the aim of facilitating property transactions while safeguarding land rights. UNESCO makes it clear that the vulnerable, particularly the poor, should not suffer in rights-granting programs.
Towards Better Laws and Policies
Comprehensive land reforms are necessary if the land rights mentioned in the International Covenant on Economic, Social, and Cultural Rights are to be enjoyed by all. Redistributing land to the poor and marginalized is a crucial step toward ending hunger and eradicating poverty. However, land reforms in our country remains incomplete.
Some portion of land should be provided to landless rural poor agricultural families. To this end, attempts to enact a land rights law were thwarted in the beginning. In order to secure land rights, there must be better land administration. Free legal aid should be provided to the poor for settlement of land related issues.
There is a lot to be done for better land administration in our country. Many efforts have been made in Telugu states for ten years, however, more effort is needed to get the desired results. Opportunities to get justice should be provided in case of violation of land rights. In light of ongoing developments, UNESCO has urged all countries to establish administrative and legal systems to safeguard land rights, with periodic reviews of land laws and policies to adapt to evolving needs.
Rapid development and commercialization exert considerable pressure on land, increasing the risk of rights violations, underscoring the urgent need for effective legal frameworks and efficient systems to protect land rights. Land represents life for most people- Right to Live means Right to Land. Towards this, central and state governments should pay special attention to the protection of land rights.
The importance of taking precautions
As our country progresses in computerizing land records and implementing resurvey projects, the land-related challenges faced by small and poor farmers cannot be ignored. The Title Guarantee Act will soon come into effect across the nation. Adequate precautions should be taken while implementing such laws; otherwise, it risks doing more harm than good.
