1.
1 Introduction :
All types of organism including man are born, flourish, mature and at last meet their end on land. Land
provides them all necessaries of life-food, clothing and shelter.Without land no organism can survive, even
their existence cannot be dreamt without land. Hence land is very useful to us. Nature has provided land to
us. It is a prime resource. Soil is the loose rock material, rich in humus and is capable of growing plants. It
consists of a mixture of mineral and organic matter including sand, clay,decayed leaves, flower, minute
bacteria and earth worms. It contains valuing amount of moisture and air between the solid particles. It
serves as a source of food, Land comprises of a bundle of earth materials and vegetation cover. It is a non-
renewable resource and central to all primary production systems. The planet earth is a gigantic ecosystem of
an area of about 13.4 billion hectares. It is made up of 12 billion natural ecosystems of high biodiversity and
1.48 billion man-made ecosystems of crops designated as agro-ecosystems. Man has used, overused and
abused the land materials in such a way that the land use pattern is detrimental in the long run for the
present and future generations. Changes in land cover occurred in two forms – conversion and modification.
Conversion is a process that refers to the change of the cover from one class to another such as when forest
is cleared for cropland or when cropland is converted into urban settlement or when wetland drainage is
used for cultivation of crops. Modification is a process that refers to an alteration of the existing cover that
does not convert it into a different type of cover. Worldwide, cultivation has replaced less productive land
uses such as forestwastelands of different kinds. From the dawn of civilization till the present day, land
surface has been greatly altered by humankind.
Land, sometimes referred to as dry land, is the solid surface of the Earth that is not permanently covered by
water The vast majority of human activity throughout history has occurred in land areas that support
agriculture, habitat, and various natural resources. Some life forms (including terrestrial plants and terrestrial
animals) have developed from predecessor species that lived in bodies of water.Areas where land meets large
bodies of water are called coastal zones. The division between land and water is a fundamental concept to
humans. The demarcation between land and water can vary by local jurisdiction and other factors. A
maritime boundary is one example of a political demarcation. A variety of natural boundaries exist to help
clearly define where water meets land. Solid rock landforms are easier to demarcate than marshy or swampy
boundaries, where there is no clear point at which the land ends and a body of water has begun.
Demarcation can further vary due to tides and weather. The word 'land' is derived from Middle English land,
lond and Old English land, lond (“earth, land, soil, ground; defined piece of land,territory, realm, province,
district; landed property; country (not town); ridge in a ploughed field”). A continuous area of land urrounded
by ocean is called a "landmass". Although it may be most often written as one word to distinguish it from the
usage "land mass"—the measure of land area—it is also used as two words.
Landmasses include supercontinents, continents, and islands. There are four major
continuous landmasses of the Earth: Afro-Eurasia, the Americas, Australia and
Antarctica. Land, capable of being ploughed and used to grow crops, is called arable
land.
[2] A country or region may be referred to as the motherland, fatherland, or
homeland of its people. Many countries and other places have names incorporating -
land (e.g. Iceland).
Land is required for the functioning of organisms, population and ecosystem.
Although land appears to be unlimited resource, yet its exploitation would limit the
availability of their indispensable life support system.
1.4.2 Land rights:
Indigenous land rights are recognized by international law, as well as the national
legal systems of common law and civil law countries. In common law jurisdictions,
the land rights of indigenous peoples are referred to as aboriginal title. In customary
law jurisdictions, customary land is the predominant form of land ownership. Land
reform refers to government policies that take and/or redistribute land, such as a land
grant.
Land rights refer to the inalienable ability of individuals to freely obtain, utilise, and
possess land at their discretion, as long as their activities on the land do not impede
on other individuals’ rights. This is not to be confused with access to land, which
allows individuals the use of land in an economic sense (i.e. farming). Instead, land
rights address the ownership of land which provides security and increases human
capabilities. When a person only has access to land, they are in constant threat of
expulsion depending on the choices of the land owner, which limits financial
stability.
Land rights are an integral part of Land Laws, as they socially enforce groups of
individuals’ rights to own land in concurrence with the land laws of a nation. Land
Law addresses the legal mandates set forth by a country in regards to land
ownership, while land rights refer to the social acceptance of land ownership. The
law may advocate for equal access to land, land rights in certain countries and
cultures may hinder a group’s right to actually own land. Laws are important, but
they must be backed up by cultural tradition and social acceptance. Therefore, laws
concerning land ownership and land rights of a country must be in agreement.
Globally, there has been an increased focus on land rights, as they are so pertinent to
various aspects of development. According to Wickeri and Kalhan, land ownership
can be a critical source of capital, financial security, food, water, shelter, and
resources. The UN Global Land Tool organisation has found that rural landlessness
is a strong predictor of poverty and hunger, and negatively impacts Empowerment
and the realization of Human rights. In order to home in on this critical problem of
inadequate land rights, the Millennium Development Goal 7D strives to improve the
lives of 100 million slum dwellers across the globe. This includes increased land
rights for impoverished people, which will ultimately lead to a higher quality of life.
1.4.3 Land rights and Women:
Several scholars argue that women’s lack of sufficient land rights negatively affects
their immediate families and the larger community, as well. With land ownership,
women can develop an income and allocate this income more fairly within the
household. It is believed that providing sufficient land rights for women is beneficial
because:
-Women are less likely to be victims of domestic violence
-Children are more likely to get an education and stay in school longer
-Women may have better access to Microcredit
In many parts of the world, women have access to land in order to farm and cultivate
the land; however, there are traditions and cultural norms which bar women from
inheriting or purchasing land. This puts women in a place of dependence on their
husbands, brothers, or fathers for their livelihood and shelter. In case of an illness,
domestic violence, or death in the family, women would be left landless and unable
to either grow crops for food, or rent land for profit. Land ownership for women is a
crucial form of security and income, increasing Empowerment and decreasing
Poverty.
Women in India have the legal right to own land, but very few actually do as
a result of the patriarchal practices which dominate the nation. Until recently, Indian
women have been left out of laws regarding the distribution of public land and were
forced to rely on the small possibility of obtaining private land from their families.
Inheritance laws which cater towards men are one of the key issues behind inequality
in land rights. According to Bina Agarwal, land ownership defines social status and
political power in the household and in the village, shaping relationships and
creating family dynamics. Therefore, inheritance of land automatically puts men
above women both in the household, and in the community. Due to lack of political
support in the community and limited bargaining powers within the household,
women lack the voice to advocate for their own rights.