Need for Land Reforms in Pakistan

[M. Sarmad]

Land reforms are basically required for redistribution of land which could have several benefits that could be social, economic and administrative. There is always inverse relationship of large land holding and productivity therefore land reforms are always treated as strategy for better production. However the traditional large land holdings hardly concentrate on productivity. The population all over the world as a whole is on rising trend; especially in developing and under developed countries fewer efforts have been made for birth control “Pakistan is one of the populous countries in the world with 180,808,000 populations”. The entire population requires fulfilling the need for food, a dwelling to live and economic activity to survive. For such activities land is very much required, this aspect of importance of land have already been discussed at the beginning of this essay.



Rapid population growth, widespread poverty, persistent food insecurity, and alarming rate of environmental degradation have fuelled an increasing debate on land tenure systems and land reforms. More equitable access to land is important in combating rural poverty. Under these circumstances Land Reforms undoubtedly are regarded as an important factor to alleviate poverty and increase economic development. Since there is always a relationship between land reforms and growth, therefore land reforms were central to strategies to improve the asset base of the poor in developing countries. But in Pakistan their effectiveness has been hindered by political constraints on implementation. For the land reforms it requires political will and determination of the governments, not only this but appropriate laws need to be formulated with their ensured implementation.



Land Reforms inviting involvement of international donor agencies, different governments at different times, NGOs, environmentalists, and economists. Globally, land reforms have been introduced for a mixture of political, economic and egalitarian motives, often resulting from political upheavals, and changing the distribution of land in favour of small farmers. Land reform is also treated with a view of Human Rights issue as it involves survival of people and livelihood of poor peasants. More equitable access to land is important in combating rural poverty to overcome the menace of poverty.

 

[M. Sarmad]

LAND reforms in Pakistan have a long and somewhat chequered history. The British had less of an interest in the matter as they relied on the support of several influential landlords. Although there had been some limited reforms in the years leading up to 1947, all major reforms date from the years after independence. Almost immediately the various provincial legislatures passed several statutes whereby the jagirdari systems were abolished and tenants protected. The major reforms, however, came in three stages: the first during Ayub Khan`s martial law in 1959; the second and third during Zulfiqar Ali Bhutto`s rule in the 1970s.

Ayub Khan`s government passed the first major piece of legislation concerning land reforms in Pakistan. This legislation was the West Pakistan Land Reforms Regulation 1959 (Regulation 64 of 1959). The salient features of this regulation included a ceiling on individual holdings. No one individual could own more than 500 acres of irrigated and 1,000 acres of unirrigated land or a maximum of 36,000 Produce Index Units (PIU), whichever was greater. It further allowed that land be redistributed amongst tenants and others. In addition, the regulation contained provisions which provided for security of tenants as well as for preventing the subdivision of land holdings.

These land reforms stayed in force until 1972 and the next great wave of land reforms.

Bhutto, despite being a major landowner himself, was determined to institute reforms, having been a minister under Ayub Khan. Bhutto, seeing the former`s land reforms as inadequate, was responsible for two major land reform regimes. The first was by way of a martial law regulation, the Land Reform Regulation 1972 by which the West Pakistan Land Reforms Regulation 1959 was repealed through paragraph 32.

As per paragraph 8(1) no individual holdings were to be in excess of 150 acres of irrigated land or 300 of unirrigated land, or irrigated and unirrigated land the aggregate area of which exceeded 150 acres of irrigated land (one acre of irrigated land being reckoned as the equivalent of two acres of unirrigated land), or an area equivalent to 15,000 PIU of land, whichever was greater. Paragraph 18(1) of the regulations also provided for excess land to be surrendered and utilised for the benefit of tenants shown to be in the process of cultivating it.

By 1977, the country had an elected parliament. It would be this body which passed the last major piece of legislation dealing with land reforms; the Law Reforms Act 1977 (Act II of 1977) and the only one ironically which came the way of a democratically elected legislature as opposed to a military junta. It did not repeal the 1972 regulations, but was designed to operate concurrently with the same.

The most important and relevant change it made was that individual holdings, including shares in shamilat , if any, in excess of 100 acres of irrigated land or 200 acres of unirrigated land, or irrigated and unirrigated land the aggregate of which exceeded 100 acres of irrigated land (again, one acre of irrigated land being reckoned as equivalent to two acres of unirrigated land). Furthermore, notwithstanding the above, no land holding could (per section 3) be greater than an area equivalent to 8,000 PIU of land calculated on the basis of classification of soil as entered in the revenue records for kharif.

The end of the Bhutto era also signalled the end of the era of statutory land reform in Pakistan.

During Ziaul Haq`s reign only major new laws were passed. Only two amending ordinances came into being. The first in 1979 declared that where the provincial government had decided to lease out surrendered land, the person who surrendered it would have first priority, and the second allowed the federal government to exempt any educational institution or cooperative farming society from the operation of the 1977 act.

Land reforms were always controversial. It was alleged by opponents that they were un-Islamic and that they infringed on the right to own, use and enjoy property as protected by the constitution. Matters finally came to a head before the Supreme Court in the case of Qazalbash Waqf v Chief Land Commissioner in which both the 1972 regulations were attacked as being against Islamic injunctions and unconstitutional. The Supreme Court agreed.

Of the 1972 regulations, the Supreme Court declared that paragraphs 7, 8, 9, 10, 13 and 14 and thus consequently 18 were unconstitutional as being against Islamic injunctions. The striking down of paragraphs 8 and 18 overturned the main reforms achieved.

Similarly in the same case the Supreme Court overturned the entire sections — 3, 4, 5, 6, 7(5), 8, 9, 10 — and consequently sections 11-17 of the act as being unconstitutional and against Islamic injunctions. The striking down of sections 3 and 17 undid the main reforms promulgated in the act. The laws stated to be unconstitutional ceased to have effect on March 23, 1990 (the day the judgement was handed down).

The net result of the Qazalbash Waqf v Chief Land Commissioner is that land reforms in Pakistan are now at the same level as they were in 1947, as the 1972 regulations and the 1977 act have seen their main provisions being struck down and the 1959 regulations have been repealed.

To commence land reforms and to ensure they contain at least the same measure of reforms as the 1972 regulations and the 1977 act did will at the very least require a constitutional amendment which allows parliament to enact legislation regarding land reform notwithstanding the relevant constitutional provisions.

Failing the above, any proposed reforms would have to be more limited in their ambit than the previous reforms to avoid unconstitutionality or their lordships would have to overrule the judgment in the Qazalbash Waqf v Chief Land Commissioner in another case.



1977 Land Reforms Act:
http://www.punjab-zameen.gov.pk/laws_rules/Land Reforms Act, 1977.pdf


Further Reading:
Land Reforms – History, Legal challenges and how Shariat Courts abolished them | Secular Pakistan

Unfortunately its the MULLAHS again who did not let ordinary peasant benefit from these reforms
lets see if SC can do something now

@RAMPAGE @FaujHistorian @jaibi @niaz @DESERT FIGHTER @Nassr @American Pakistani @Pakistanisage @Leader @Jazzbot @Secur @Talon @Aeronaut and others

 

[Leader]

thanks for sharing, I knew about the rally, might go as well.

16th december, right? and where exactly is the starting point of the rally?

 

[jaibi]

I see we have a leftist amongst us @Azlan Haider

It's a dire need of the time and the era no matter what others would have you believe. Pakistan needs a redistribution of wealth to create a cushion: a middle class that is powerful enough to influence the politics. In my readings, that is the difference that made Indian democracy and economy resilient enough to survive and eventually thrive.

We needed one in the rural areas since the 50s and we need it still.

 

[M. Sarmad]

thanks for sharing, I knew about the rally, might go as well.

16th december, right? and where exactly is the starting point of the rally?

Awami Workers Party Lahore Rally against price hike, unemployment, privatisation and for land reforms

Sunday 15th December 2pm from Fawara Chouck Sha-almi to Shimla Pehari via Bansanwala Bazar, Gawalmandi, Lakhmshi Chouck,

Hundreds of activists and workers to take part

 

[Leader]

Awami Workers Party Lahore Rally against price hike, unemployment, privatisation and for land reforms

Sunday 15th December 2pm from Fawara Chouck Sha-almi to Shimla Pehari via Bansanwala Bazar, Gawalmandi, Lakhmshi Chouck,

Hundreds of activists and workers to take part

great... inshAllah will be marching along...

 

[DESERT FIGHTER]

I accidentally clicked no...

 

[Leader]

I accidentally clicked no...

your heart is in the right place, we know

 

[RAMPAGE]

I see we have a leftist amongst us @Azlan Haider

It's a dire need of the time and the era no matter what others would have you believe. Pakistan needs a redistribution of wealth to create a cushion: a middle class that is powerful enough to influence the politics. In my readings, that is the difference that made Indian democracy and economy resilient enough to survive and eventually thrive.

We needed one in the rural areas since the 50s and we need it still.

Well i'm also a leftist

But i'm guessing you already knew.

Btw how are you ????

@Azlan Haider

Do you have a fb id ????

 

[Spring Onion]

we had debated this in the past too.

Surely we need land reforms but again it also has own negatives

 

[RAMPAGE]

we had debated this in the past too.

Surely we need land reforms but again it also has own negatives

Any examples ???

 

[M. Sarmad]

we had debated this in the past too.
Surely we need land reforms but again it also has own negatives

Sure g , you are a veteran after all , quite "ANCIENT" here as chinese dragon would say ,
any link to those discussions ?

And ofcourse there are some negatives ... But the benefits are huge

 

[Spring Onion]

Any examples ???

Sure g , you are a veteran after all , quite "ANCIENT" here as chinese dragon would say ,
any link to those discussions ?

And ofcourse there are some negatives ... But the benefits are huge

since its serious discussion and i would like to post along with backup points so will do that when i am all free and can post in details.

kindly check there was one thread where Hyperion was against these reforms

 

[RAMPAGE]

since its serious discussion and i would like to post along with backup points so will do that when i am all free and can post in details.

kindly check there was one thread where Hyperion was against these reforms

Well as much as would love to hear what hyperion has to say, he isn't with us anymore.

Do post your views on the matter when you're free.

 

[Spring Onion]

Well as much as would love to hear what hyperion has to say, he isn't with us anymore.

Do post your views on the matter when you're free.

surely will but when in few days. I was a big supporter of land reforms still do so but not 200% not without fulfilling some requirement .

After visiting India and studying the big land reforms there i came to softening up little bit on the demand.

In my province due to negligence of govt my big farmers are now turning their land into housing schemed and investing in industry