INVISIBLE FARMERS: WOMEN’S STRUGGLE FOR LAND, RESOURCES, AND LEGAL RECOGNITION IN INDIAN AGRICULTURE BY - KUNWAR KUSHAGRA SRIVASTAVA & SHREEM THITE
INVISIBLE FARMERS: WOMEN’S
STRUGGLE FOR LAND, RESOURCES, AND LEGAL RECOGNITION IN INDIAN AGRICULTURE
AUTHORED
BY - KUNWAR KUSHAGRA SRIVASTAVA
& SHREEM THITE
Abstract
Women are integral to
India’s agricultural sector, contributing substantially to food production and
the economy through labor-intensive activities such as harvesting, sowing, and
winnowing. Despite accounting for nearly 42% of the agricultural workforce,
women face barriers to land ownership and access to resources critical for
farming. Rooted in systemic gender bias, women agricultural workers remain
largely unrecognized as "farmers" under government schemes, excluding
them from essential entitlements, including credit, pensions, and irrigation
resources. This marginalization is exacerbated by social norms and legal
structures that favor men as landowners, with patriarchal practices limiting
women's inheritance and ownership of land. Although recent policies aim to
address these disparities, they fall short due to inadequate implementation,
restricted regional application, and low awareness among women farmers
regarding their rights. Addressing this imbalance necessitates comprehensive
policy reform and enforcement, increased legal protections, and societal shifts
toward recognizing women as legitimate farmers.
Introduction
Women play
a crucial role in the agricultural sector in India, contributing significantly
to the country's food production and economy. Women across the world are
involved in various manual farm activities, including harvesting, sowing, and
winnowing, which require significant physical effort. In India, around 80% of
farm work is conducted by women, yet they own only 13% of the land[1],
“according to Oxfam and recent statistics from the University of Maryland and
the National Council of Applied Economic Research indicate that women make up
over 42% of the agricultural labour force in India but possess less than twelve
percent of farmland”[2].
The lack of
recognition of female agricultural workers by the government is at the root of
the problem, leading to their exclusion from various rights and entitlements,
such as credit, pensions, and irrigation sources. Consequently, female
agricultural laborers, farm widows, and tenant farmers are not acknowledged as
farmers, and thus, they are not entitled to the benefits provided to farmers.
The India Human Development Survey (2018) reveals that only 2% of agricultural
land in India is inherited by female family members compared to 83% inherited
by male family members[3].
This results in a significant disparity in the recognition of female farmers
and their male counterparts, leading to a lack of representation and
participation in decision-making processes related to land and agriculture.
The
patriarchal structure of Indian society and the lack of legal rights and
representation exacerbate this problem. In recent years, the Indian government
has enacted policies and regulations aimed at addressing the barriers faced by
women in achieving their land ownership rights and access to resources for
farming. However, these policies have not been successful in completely
eliminating the obstacles[4]. The
policies often lack proper implementation mechanisms and funding, and their
implementation is often limited to specific regions or states. The lack of
awareness among women farmers regarding their rights and the policies intended
to protect them also contributes to the inefficiency of the policies.
Social and
cultural norms that favour men as landowners are prevalent in many parts of
India. Women are often not recognized as "farmers" under state and central
government schemes, as these schemes require land ownership as a prerequisite[5].
This exclusion from government schemes further perpetuates the gender gap in
the agriculture sector. Women are often prevented from inheriting land, and
even if they inherit land, they may face challenges in retaining it. Women who
do not own land may also face difficulties in obtaining credit and resources
required for farming.
Independent Rights in Land
Agriculture
is a significant sector of the Indian economy, which supports a considerable
portion of the population. Farmers have a vital role in this sector since they
form the foundation of agricultural production in the nation.
The term
‘farmer’ as defined in the National Policy for Farmers, 2007 and was officially
approved by Central Government is “a
person actively engaged in the economic and/or livelihood activity of growing
crops and producing other primary agricultural commodities and will include all
agricultural operational holders, cultivators, agricultural labourers,
sharecroppers, tenants, poultry and livestock rearers, fishers, beekeepers,
gardeners, pastoralists, non-corporate planters and planting labourers, as well
as persons engaged in various farming related occupations such as sericulture,
vermiculture and agro-forestry. The term will also include tribal families /
persons engaged in shifting cultivation and in the collection, use and sale of
minor and non-timber forest produce.”[6]
Despite
this definition, it appears that the government has moved away from it in
practice. When asked about government policies regarding farmers and income
support, the Minister of Agriculture and Farmers Welfare, Narendra Singh Tomar,
did not provide an official definition of a farmer but acknowledged that income
support is provided to families who own cultivable land through the PM-KISAN
scheme[7].
As
agriculture falls under the jurisdiction of state governments in India, many of
them have their own definitions of the term 'farmer'. For instance, in 2004,
the government of Andhra Pradesh led by Y.S. Rajasekhara Reddy tried to define
the term for the purpose of compensating the families of farmers who had
committed suicide. Their definition recognized only those who possessed
agricultural land as 'farmers'[8].
This was later corrected by the Government in 2019[9].
In recent
years, there has been an observable trend of more women participating in
agriculture as men move to cities for employment opportunities. As a result,
female family members have taken on more responsibility for working in the
fields. Currently, around 80% of rural women are employed in agricultural
workforce in India, and their contribution to the sector is undoubtedly vital.[10]
According
to the 2011 census, 36 million women were categorized as 'cultivators', which
means that they worked on a piece of agricultural land, regardless of whether
they owned it or not.[11]
It's important to note that cultivators are different from farmers, as a person
working as an agricultural labourer or worker can be considered a cultivator,
but to be classified as a farmer, land ownership is required.
In the vast
majority of women in India, about 87%, do not own land, while only 12.7% do.[12]
This is due to two main reasons. First, since land is a subject
under state jurisdiction, there is no one law that applies to all citizens
equally. Instead, it is ruled by people's religious laws, which tend to make it
harder for women to inherit land. Second, patriarchal societies that hold
deep-rooted biases against women's land ownership cannot be ignored.[13]
Consequently, these women are labelled as 'cultivators' rather than 'farmers.’
Therefore, most women in agriculture are unable to take advantage of government
schemes designed for farmers. They cannot access institutional credit for
farming or receive subsidies. These limitations significantly impede women's
agricultural productivity.
The
definition of 'farmer' used in various government policies and schemes such as
subsidies, compensation policies, Kisan Credit Cards, and loans for inputs and
storage, requires the ownership of land. As most women lack ownership of land,
they do not fit into this definition of 'farmer' and are unable to avail of
these schemes.
According
to Bina Agarwal, “it is crucial for women to have independent rights to land
due to various reasons. Providing women access to economic resources
independently of men has positive effects, and giving them rights to land can
reduce poverty and destitution in poor households.”[14] Women
tend to spend almost all of their incomes on the family's basic needs, while
men usually spend a significant portion on their personal needs, such as
tobacco and liquor. This highlights the specific advantages of granting women
rights to land resources.
When women
have independent rights to land, it leads to an increase in agricultural
production and improves food security for their families. This is because women
are more likely to invest in their farms when they have control over them,
leading to higher productivity. Furthermore, when women own land, it has a
positive impact on the health and education of their children. This is because
women tend to invest more in their children's upbringing when they earn more,
as compared to men.[15]
The
ownership of land by women helps to empower them in the community as
decision-makers. This gives them the power to decide on crucial matters like
crop selection, sale locations, and the use of income, which boosts their
confidence and strengthens their position in society. This increased sense of
empowerment can encourage women's participation in governance activities like
voting, local politics, and panchayat elections. All these reasons are the
broad bases that cover the requirement for women to have their right to land.
Women
farmers in India face numerous barriers in exercising their right to ownership
of land, which affects their ability to participate in agriculture and earn a
livelihood. Despite constitutional guarantees of equality and
non-discrimination, women farmers face social, cultural, and economic obstacles
in owning and accessing land. These barriers are rooted in patriarchal social
norms and customs, which have perpetuated gender inequality in land ownership
for centuries. The lack of awareness among women about their legal rights,
coupled with a lack of implementation and enforcement of laws, further deepens
the problem. This chapter will explore some of the various barriers faced by
women farmers in India in exercising their right to ownership of land and the
possible solutions to address this issue.
Women in
India have traditionally faced numerous social and cultural barriers when it
comes to land ownership. India has a predominantly patriarchal society, and
women are often viewed as inferior to men. Their role is considered primarily
limited to the household, and they are not considered capable of managing land
or property. The male preference for land ownership has also been perpetuated
through religious and cultural practices, leading to discrimination in
inheritance. Male children are often given preference over female children in
the allocation of land, resulting in a significant disparity in land ownership
between men and women.[16]
According
to a study conducted by the Food and Agricultural Organisation only 13% of
landholders in India are women, and they own less than 2% of the land[17].
This is despite the fact that women contribute significantly to agriculture and
the rural economy.[18] The
lack of land ownership and control makes women more vulnerable to poverty,
hunger, and exploitation.
One of the
main challenges is changing patriarchal attitudes and traditions that continue
to prevail in many parts of the country. This requires a concerted effort by
the government, civil society, and communities to promote gender equality and
challenge discriminatory norms. Efforts to educate women about their legal
rights and encourage their participation in decision-making processes related
to land ownership can also be helpful in challenging gender biases.
Many women
farmers in India are unaware of their legal rights related to land ownership,
inheritance, and tenancy. This lack of awareness often results in women being
unable to access legal remedies to assert their rights, and they may even
relinquish their rights without realizing it.[19] Women are
often unable to challenge discriminatory practices due to the absence of
knowledge about their legal rights and the legal system.
The
government and civil society organizations have taken various steps to increase
legal awareness among women farmers. Legal aid clinics have been set up to
provide free legal services to women, and awareness campaigns have been
launched to educate women about their legal rights[20]. However,
these efforts are often limited in scope and reach.
Efforts to
increase legal awareness among women need to be sustained and widespread.
Women's groups and organizations can play a significant role in educating women
about their rights and the legal system. The government can also support these
efforts by providing funding and resources to legal aid clinics and awareness
campaigns.
India has
several legal and policy frameworks that address women's land rights, but these
frameworks are often inadequate in practice. The Hindu Succession Act of 1956
is a prime example of such a framework. The act guarantees equal rights to
women in inheritance, but many states have failed to implement it effectively.
For instance, only 16% of women in India inherit land under the Hindu
Succession Act.[21]
This is due to a lack of awareness of the law and social norms that often
override legal provisions.
Similarly,
the Land Acquisition Act of 2013[22]
requires that land be acquired only after obtaining the consent of 80% of
affected families, including women. However, this provision is often ignored in
practice. The law also provides for fair compensation for land acquired, but in
many cases, compensation is inadequate.[23] This has
resulted in widespread protests by farmers, including women, against land
acquisition by the government for various purposes.
To address
these issues, there is a need for better implementation of existing laws and
policies, as well as the development of new legal frameworks that address the
specific needs and challenges of women farmers in India.
Women
farmers in India often have limited access to credit and resources, which makes
it difficult for them to invest in and improve their agricultural productivity.
This limited access is particularly pronounced for women farmers who do not own
land or have only limited access to land.
One of the
main reasons for this is the lack of collateral security, which is often
required to obtain credit. Women farmers often do not own land or have only
limited access to it, which makes it difficult for them to provide collateral
security. As a result, they are unable to access credit, which hinders their
ability to invest in and improve their agricultural productivity.
Another
factor that contributes to limited access to credit and resources for women
farmers is the gender bias that exists in financial institutions. Many financial
institutions in India are still dominated by men, and they often have biased
attitudes towards women farmers[24].
This results in women farmers being offered lower loan amounts than men.
To address
these issues, there is a need for targeted programs and policies that
specifically address the needs of women farmers in India. The government could
provide subsidies and other forms of support to women farmers to help them
overcome the barriers to accessing credit and resources.
Despite the
crucial role played by women in agriculture and food security in India, they
remain underrepresented and marginalized in decision-making processes related
to land and agriculture. The lack of representation and participation of women
in these processes perpetuates their marginalization and denies them access to
resources and opportunities, which hinders their productivity and economic
empowerment.
Women's
lack of representation in land rights organizations and local governance bodies
further exacerbates the problem, as these organizations and bodies are
instrumental in shaping policies and decisions related to land and agriculture.
Women are underrepresented at all levels of governance, from local panchayats
to the national parliament. Even though the elected women representatives in
panchayats are around 40%[25], a
major portion of these are dominated by pradhan-pati
culture where the husbands of elected representatives work on their behalf
and take important decisions. This lack of representation and participation
means that women's voices are often unheard and their needs and interests are
not adequately addressed.
Furthermore,
the limited access to education and training opportunities for women farmers
also contributes to their marginalization and lack of representation. Many
women in rural areas are unable to access education due to various
socio-economic and cultural barriers. This limits their ability to engage in
decision-making processes and to effectively advocate for their needs and
interests.
Providing
education and training opportunities for women farmers can also go a long way
in empowering them to participate in decision-making processes and to improve
their agricultural productivity.
Women
farmers in India play a significant role in the country's agricultural sector.
According to a report published by the Food and Agricultural Organisation,
women constitute nearly 43% of the agricultural workforce in India[26].
However, despite their contribution, women farmers in India face several
challenges, including limited access to land and property rights.
To address
this issue, the Government of India has introduced various legal and policy
frameworks to protect women farmers' land rights. The following paragraphs will
discuss these frameworks and their impact on women farmers.
The Hindu
Succession Act of 1956 is the primary law that governs inheritance rights for
Hindus, Buddhists, Jains, and Sikhs in India, while Muslims and Christians have
their own sets of property laws. “Initially, the act provided equal inheritance
rights to sons and daughters for property acquired directly by their fathers,
but ancestral property could only be inherited by sons. This resulted in gender
bias, particularly in rural areas where a substantial amount of property is
family-owned.”[27]
To address
this discrimination, five Indian states (Kerala, Andhra Pradesh, Tamil Nadu,
Maharashtra, and Karnataka) amended the law between the 1970s and 1990s to
allow women to inherit ancestral property if they were married at the time of
the reform. Unmarried women at the time of the reform were granted claims equal
to that of their brothers in ancestral or joint family property, including the
right to a share by survivorship.
In 2005,
the Hindu Succession Amendment Act changed these rules and granted women equal
share in ancestral property. However, there are several drawbacks and
challenges to the implementation of The Hindu Succession Act. One of the key
challenges is the lack of awareness among women farmers about their rights
under the act. Many women farmers are not aware of the law and may not know how
to assert their rights to land. This is compounded by social and cultural
factors, including traditional patriarchal norms and customs, that may limit
women's access to and control over land.
Another
challenge is the resistance to change by patriarchal families and communities.
In many cases, families may still be unwilling to give daughters equal rights
to land, and there may be social pressure on women to give up their land rights
in favour of their brothers.
The
National Policy for Agriculture, 2000 recognizes the crucial role played by
women in the agricultural sector and aims to address gender disparities in
access to resources. The policy aims to ensure that women farmers have access
to credit, inputs, and markets, and have equal opportunities for training and
extension services. The policy also aims to promote women's participation in
decision-making processes in agriculture.[28]
To ensure
women's rights in agriculture, the policy emphasizes on the recognition of
women’s rights to land. Overall, the National Policy for Agriculture, 2000
recognizes the importance of gender equity in agriculture and aims to promote
the empowerment of women in the sector. However, there has been ineffective
implementation, with many women farmers continuing to face discrimination and
barriers to accessing resources and services.
The
National Policy for Farmers 2007 recognizes the importance of women farmers in
agriculture and aims to address gender disparities in access to resources. The
policy outlines several initiatives to improve women's access to resources such
as credit, inputs, and markets.
One of the
key initiatives under the policy is to increase the participation of women in
decision-making at various levels of the agricultural sector. This includes
increasing the representation of women in agricultural cooperatives, village
councils, and other community-based organizations. By increasing the
participation of women in decision-making, the policy aims to ensure that their
interests are considered and that they have a greater say in how resources are
allocated.[29]
The policy
also recognizes the need to improve women's access to credit, which is
essential for investment in agriculture. To this end, the policy calls for the
creation of special credit facilities for women farmers, as well as for the
provision of training and capacity-building programs to improve their financial
literacy and business skills. In addition, the policy aims to increase women's
access to inputs such as seeds, fertilizers, and other agricultural
technologies by establishing targeted distribution systems.
Despite
these initiatives, the National Policy for Farmers 2007 has faced several
challenges in addressing gender disparities in access to resources. While the
policy recognizes the need to increase women's participation in decision-making
and improve their access to resources, it does not adequately address the
broader social and cultural factors that limit women's rights and perpetuate
patriarchal norms.
The Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (LARR Act) is a crucial
legislation that governs the acquisition of land in India for public purposes.
The Act provides specific provisions that safeguard the rights of women farmers
to land and compensation. Section 4[30] of the
Act mandates that the Social Impact Assessment (SIA) report, which assesses the
impact of land acquisition on local communities, should specifically identify
vulnerable groups, including women, and assess the impact on their livelihoods.
This helps to ensure that the interests of women farmers are considered before
any acquisition takes place.
One of the
key provisions of the LARR Act is that consent of 80% of affected families is
required for private projects and 70% for public-private partnership projects[31],
before any land acquisition can take place. This provision ensures that women
farmers have a say in the land acquisition process, and their voices are heard
during the decision-making process. The act also requires that all affected
families, including women farmers, be provided with information regarding the
purpose, nature, and extent of the proposed acquisition, and the expected
displacement and rehabilitation processes.
The Land
Acquisition, Rehabilitation and Resettlement Act of 2013 has introduced a
progressive measure to secure women farmers' rights to land, such as
transferring cash compensation in the joint account of both spouses and
treating unmarried women, widows, divorcees, and women deserted by their
families as a separate family for entitlements. However, it is crucial to
further women's property rights by ensuring that the dwelling units or plots
provided to displaced persons are in the joint names of both spouses.
In 2016,
the Government of India launched the National Policy for Women to empower women
in various sectors, including agriculture, and recognize their significant
contribution to food security. This policy will acknowledge women as farmers in
agriculture and related sectors, and efforts will be made to support them in
securing their rights over resources and providing social protection.
Successful
women farmers will also be utilized as trainers and extension workers in the
agriculture sector. The policy will ensure the implementation of legal
provisions for women's rights to immovable property and address exploitation
issues like witch hunting. The policy aims to prioritize women in government
land distribution, purchase, and lease schemes to enable them to own and
control land through individual or joint land pattas. The registration of land
with spouses or solely in women's names will be encouraged, along with
incentives like concessions in registration fees and stamp duty for
transferring land to women.
Pradhan
Mantri Fasal Bima Yojana (PMFBY) is a crop insurance scheme launched in 2016 by
the Government of India to provide insurance coverage and financial support to
farmers in the event of crop loss due to natural calamities, pests, or
diseases. The scheme also recognizes the important role of women farmers in the
agricultural sector and has made provisions to ensure their rights.
Under
PMFBY, women farmers are eligible for equal insurance coverage as male farmers,
and they are encouraged to insure their crops. The scheme mandates that the
crop insurance indemnity claims must be disbursed to the bank account of the
insured farmer, and the account must be in the joint name of the farmer and
their spouse. This ensures that women farmers have equal access to financial
resources and that they have a say in the use of the compensation received.
In
addition, PMFBY also provides training and capacity-building programs for women
farmers to enhance their skills and knowledge about crop insurance and related
issues. This helps in empowering women farmers and promoting gender equity in
agriculture.
While there
have been several policies and laws introduced in India to protect the land
rights of women farmers, they have often failed to address the deep-rooted
patriarchal attitudes and systemic inequalities that prevent women from
accessing and retaining land. Many policies and laws are not implemented
effectively due to a lack of resources, political will, and institutional
capacity. This has resulted in limited access to support services for women
farmers, and limited participation in decision-making processes related to
agriculture and rural development.
Many women
farmers are not aware of their rights under the law, and may not have the resources
or knowledge to access legal support to protect their land rights.
Additionally, outreach efforts to inform women farmers about their rights are
often limited or ineffective, particularly in remote or marginalized areas.
While there are legal protections in place for women's land rights, there is
often inadequate monitoring and enforcement of these laws. This means that
women may not be able to access legal recourse when their rights are violated,
or may face lengthy and expensive legal battles to protect their land rights.
Overall,
while there have been positive developments in the legal and policy framework
related to women's land rights in India, there is still a long way to go in
ensuring that women farmers have equal access to land and resources.
of Women Farmers
In this
chapter, the selection of countries is based on the percentage share of
agriculture in that country’s respective nominal GDP. Since in India,
agriculture contributes to 17.4% of the GDP[32], various
developing countries having the same proportion are taken preferably from South
and South-East Asia for easier cultural comparison.
Philippines
has a number of policies and laws in place that recognize and protect the
rights of women farmers. Such as:
Magna Carta of Women[33]: The Magna
Carta of Women is a comprehensive law enacted in 2009 that aims to eliminate
discrimination against women and promote gender equality in all sectors,
including agriculture. The law recognizes women's right to own and inherit
land, as well as their right to access credit, inputs, and markets. It mandates
the inclusion of women in decision-making processes related to agriculture and
rural development, and provides for the creation of mechanisms to ensure that
women's concerns are addressed.
Comprehensive Agrarian Reform Program[34]: The
Comprehensive Agrarian Reform Program (CARP) was implemented in 1988 and aims
to promote equitable access to land and support services for farmers. The
program provides for the distribution of land to landless farmers, including
women, and mandates the provision of support services such as credit, technical
assistance, and marketing support.
Gender and Development (GAD) Focal Point Program[35]: A policy
that mandates the establishment of GAD focal points in government agencies,
including those related to agriculture, to ensure that gender perspectives are
mainstreamed into policies, programs, and projects. The policy aims to ensure
that the needs and concerns of women farmers are addressed and that they have
equal access to resources and services. The GAD focal points are responsible
for ensuring that gender-responsive policies and programs are developed and
implemented, and for monitoring and evaluating their impact on women.
In
Bangladesh, there are several government policies and laws that aim to promote
the rights of women farmers and ensure their participation in agricultural
development. These include:
Land Reform Policy: The Land Reform Policy of
Bangladesh, adopted in 2001, recognizes women's right to own and inherit land,
and aims to promote equitable access to land for all farmers, including women.
The policy provides for the distribution of land to landless farmers, including
women, and the establishment of landless women's cooperatives to support their
access to land. The policy also provides for the establishment of mechanisms to
address disputes related to land ownership and inheritance.[36]
Microcredit Policy[37]: The Microcredit
Regulatory Authority of Bangladesh, established in 2006, regulates microfinance
institutions and promotes the provision of microcredit to women farmers and
other marginalized groups. The policy provides for the promotion of women's
participation in the decision-making processes of microfinance institutions,
and the establishment of gender-sensitive monitoring and evaluation mechanisms
to ensure that women farmers are benefiting from microcredit services.
Agriculture Policy: The Agriculture Policy of
Bangladesh, adopted in 2013, recognizes the important role played by women in
agriculture and aims to promote gender equality and women's empowerment in the
sector. The policy also emphasizes the need to address gender-based violence
and discrimination against women in the agricultural sector.
Indonesia
is an archipelagic country in Southeast Asia, where agriculture plays a crucial
role in the economy. Women farmers play a significant role in the agriculture
sector of Indonesia. Significant laws that address women's land rights in
Indonesia are:
Agrarian Law, 1960[38]:
It is a national asset and should be distributed in a just and equitable
manner. The law recognizes women's rights to own and inherit land, and the
government is obliged to protect and support these rights. In 2010, the
government amended the Agrarian Law to strengthen women's land rights by
ensuring equal access to land and resources.
Acceleration of Agrarian Reform or Program Percepatan
Reforma Agraria: This program aims to provide land tenure security to
farmers, particularly women, by distributing idle land to farmers who do not
have land ownership. The program also provides training and education to
farmers, including women, to improve their productivity and income.[39]
Village Law 2014[40]: It
empowers village communities to manage their natural resources, including land.
The law requires the participation of women in the village decision-making
process, ensuring that their voices are heard in matters related to land and
resources.
Inspiration
can be taken from certain regulations and policies of the aforementioned
countries and can be applied in the Indian context too, which would be helpful
in securing the right to land and resources useful in farming for rural women.
The concept of Gender and Development (GAD) Focal Point System can be borrowed
from Philippines which if made in all the Government departments and agencies
would end the problem of non-representation of women in decision making
processes and will provide a gender perspective in all the policies, projects
and programmes of the Central and State Government.
Until
structural land reforms and inheritance reforms are concluded which could
guarantee ownership title to all the women cultivators, the Microcredit
Regulatory Authority could be inspired from Bangladesh that would provide
credit facility to the women farmers and cultivators even if they don’t own
land. This credit facility would help them in buying seeds, fertilizers,
pesticides and in other expenditures required to maintain a field. If the women
farmers don’t have any collateral for gaining credit, joint pattas or indemnity bonds and guarantees
from husband and other family members could work as collateral for grant of a
Kisan Credit Card which would help in small-scale credits and loan to them.
The idea of
just and equitable distribution of land without any discrimination on the basis
of sex can be inspired from Indonesia. All these reforms if adapted in Indian
policy can push India a step ahead towards achieving just distribution of land
to women farmers.
In
conclusion, the findings of this research demonstrate the multifaceted nature
of the barriers faced by women farmers in India with regard to their land
rights. The lack of access to and control over land is one of the significant
hurdles faced by women farmers in the country, further compounded by their
underrepresentation in decision-making processes related to land and
agriculture.
The
efficacy of key legal and policy frameworks meant to address these issues is
debatable, as our research suggests that the implementation of these frameworks
is often inadequate. However, through a comparative analysis of successful
initiatives from other countries, our study highlights potential solutions that
could be adopted in India to improve the implementation of these frameworks.
The
research also shows how limited access to credit and resources impacts women
farmers, particularly those without land or with only limited access to it.
Addressing this issue is crucial to empowering women farmers and promoting
gender equity in the agricultural sector. By implementing policies that
prioritize gender equity, enhancing access to credit and resources, and
fostering an environment that encourages women's participation and
representation in decision-making processes, India can improve the situation of
women farmers in the country.
In order to
ensure women’s right to ownership of land, certain mandatory provisions shall
be created by the legislatures. Changes in personal law are also required, a
policy could be implemented that mandates joint ownership by both the spouses,
of agricultural property which is bought after marriage. This would ensure
equal rights and responsibilities of the partners, and would help in an
integrated development.
The Gender
and Development (GAD) Focal Point System from the Philippines can be a model
for India to address the problem of the under-representation of women in
decision-making processes. By implementing this system in all government
departments and agencies, policies, projects, and programs can be infused with
a gender perspective. While waiting for structural land reforms and inheritance
reforms, India can also consider adopting the Microcredit Regulatory Authority
from Bangladesh, which can provide credit facilities to women farmers and
cultivators, even if they don't own land.
This credit
facility can help them purchase necessary farming inputs such as seeds,
fertilizers, and pesticides, among others. In the absence of collateral, joint
pattas or indemnity bonds and guarantees from the husband and other family
members can be used as collateral for the grant of a Kisan Credit Card, which
can be used for small-scale credits and loans. As concessions are provided to
women buyers of land by the government on registration fee and other taxes,
similarly, an interest deduction can be provided on loans taken by women
farmers. Along with that an increased limit of Credit Card can be given if it
is issued in women farmers’ name. This would encourage the husband to either
transfer the land ownership to wife so that she can use it as a collateral
while taking loans on reduced rates which would be beneficial to the family, or
would encourage him to sign a bond of indemnity for his wife so that she can
get a credit card in her name. Both the actions will further our motive of
giving more independence to women farmers.
Furthermore,
in order to overcome the obstacle of lack of awareness at grassroot level among
people in remote locations, wide network of Block Development Centres and
Anganwadi Kendras could be used as training centres for spreading awareness at
the bottom most level regarding the right granted to women farmers by the
policies of government. At Tehsil
level, a meeting of all the village headmen could be conducted in order to
sensitize them regarding these rights of women and gradually liberalizing the
patriarchal norms and customs. These headmen could then be asked to spread the
word in their respective panchayats.
Indonesia's
idea of just and equitable land distribution without any gender-based
discrimination can also serve as an inspiration for India to achieve just
distribution of land to women farmers. By adopting these reforms, India can
take a significant step forward in empowering women farmers and achieving
gender equity in agriculture.
In sum,
this research reveals the complexity of the challenges faced by women farmers
in India and the need for multifaceted solutions. It highlights the need for a
gender-sensitive approach to policymaking, which prioritizes the rights and
needs of women farmers. By acknowledging the role of gender in the agricultural
sector and developing policies that cater to the specific needs of women
farmers, India can foster a more inclusive and equitable agricultural sector.
Ultimately, the successful implementation of such policies will lead to
improved livelihoods, increased agricultural productivity, and a more
sustainable future for all.
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[31] Ibid, s 2(2)
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