COUNTERPOINT: Recent amendments to Sections 21 and 28-A of Agrarian Reforms Act, is a misstep, have benefited the land mafias

22 December 2024

Dear Editor,

I am writing in response to your the article in your esteemed newspaper, “Revoking Ban on Section 12 of Agrarian Reforms Act, 1976 in J&K Would Bring Greater Prosperity,” published on December 21, 2024.

The Agrarian Reforms Act of 1976 was introduced with the primary aim of benefiting farmers who directly cultivated the land by enforcing strict prohibitions on transferring ownership to others. The Act sought to ensure that agricultural land remained in the hands of those who worked it, thus promoting food security and supporting the well-being of the farming community. Unfortunately, much of this land has been clandestinely sold, often through collusion with Revenue Department officials, Patwaris, and other local authorities. These unlawful transfers have undermined the original intent of the Act, resulting in a significant portion of the originally allocated land no longer remaining under cultivation today, despite the prohibitions.

The recent amendments to Sections 21 and 28-A of the Agrarian Reforms Act, which lifted the prohibition on land transfers under Section 8 and permitted the attestation and registration of sale deeds, represent a significant misstep and have benefited the land mafias the most. These amendments essentially dismantle the protections originally put in place by the Act. Furthermore, any proposed changes to Sections 6, 7, and 12 would further erode the core purpose of the Act—preserving agricultural land for those who directly cultivate it and ensuring the agrarian structure of the region remains intact.

The advocacy for the legalization of land sales, particularly concerning prime agricultural land (Abi Awal), raises grave concerns. Kashmir is predominantly an agricultural region, with limited industrial development and few avenues for economic diversification. Consequently, the region relies heavily on agriculture to sustain its economy and the livelihoods of its people. Alarmingly, Jammu and Kashmir already imports a substantial portion of its food grains. Allowing the sale of agricultural lands, which are often converted for non-agricultural purposes such as real estate development or industrial use, could have disastrous long-term consequences. It would exacerbate the region’s reliance on external food sources, jeopardizing food security and eroding the region’s agrarian identity. Such a move could lead to the irreversible loss of arable land, further diminishing the region’s ability to feed its population.

However, there may be room to reconsider the transfer of horticultural lands, such as Baghi Khushik (dry gardens), under specific conditions. Unlike prime agricultural land, these lands are often less suited for traditional farming. If transfers are considered, they should be accompanied by stringent safeguards to prevent misuse and ensure that the land’s use contributes to the sustainable development of the region. This approach would allow for some flexibility in land use, while still prioritizing the preservation of agricultural land and food security. By focusing on horticultural lands, the region could diversify its agricultural base without undermining its core food production capabilities.

Ultimately, the focus must remain on protecting agricultural land, the foundation of Kashmir’s economy and way of life. Any changes to the Agrarian Reforms Act should be carefully evaluated, with a strong emphasis on long-term sustainability, food security, and the preservation of the region’s agrarian heritage.

Thank you for considering this response for publication.

Sincerely,

Ahmad Ayaz

Social Activist & National TV Debater