What makes a land unique are its people, arts and culture, tradition, food, and rituals. Together, they stand for its identity. Uttarakhand has its own rich heritage, too. The recent wave of social media discussions revolves around demanding a strong and enforceable legal framework to protect the state’s cultural heritage, echoing the sentiments of many indigenous communities worldwide.
The current focus of discussion is Bhoo Kanoon (land laws) in Uttarakhand. The state’s citizens are actively engaging in conversations about it and the role such regulations will play in preserving the cultural and geographical integrity of the state.
Background:
- Pre-2002: Uttarakhand allowed individuals from other states to acquire a maximum of 500 square meters of land.
- 2007: The permissible limit was reduced to 250 square meters, signifying a shift in the state's land acquisition policies.
- 2018 Amendment (Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, amended by the Uttarakhand Amendment Act, 2018): A significant change removed the maximum limit, sparking concerns about unrestricted land acquisition in the hilly region.
Key Points:
- Residential Land Acquisition:
- Non-residents are prohibited from purchasing land in Uttarakhand.
- Exceptions exist for individuals residing in the state for at least 15 years.
- Business and Non-profit Ventures:
- Non-residents can acquire land if they establish a business or non-profit organisation in Uttarakhand.
- Land Area Restrictions:
- Non-residents are limited to purchasing a maximum of 250 square meters of land.
- Government Permission:
- Prior government approval is mandatory for non-residents intending to purchase land.
Benefits:
- Protection of Uttarakhandi tradition and culture.
- Preservation and improvement of traditional farming practices.
- Safeguarding Himalayan fruits, seeds, trees, pulses, and other local produce.
- Protection of natural flora and fauna from extinction.
- Prevention of the conversion of pristine areas into concrete jungles.
Controversies & Criticisms:
- Restrictiveness Debate:
- Critics argue that Bhoo Kanoon's stringent provisions hinder economic growth and development.
- Concerns raised about the law impeding investment opportunities in the state.
- Discrimination Concerns:
- Some express concerns about potential discrimination against non-residents, impacting diversity.
- Advocates emphasize the necessity of such measures to prevent demographic shifts and preserve cultural landscapes.
Challenges & Concerns:
- Cultural Preservation
- The flexible nature of Uttarakhand's land laws has raised concerns about the preservation of cultural identity, language, and traditional practices.
- Environmental Conservation:
- Unrestricted land acquisition poses a threat to Uttarakhand's environment, raising questions about the preservation of landscapes, rivers, and biodiversity.
- Migration Issues:
- The phenomenon of 'ghost villages' and constant migration threaten the traditional way of life in Uttarakhand, demanding regulations that address the socio-economic implications.
- Land Shortage Challenge:
- Advocates emphasise the law's necessity in addressing the impending shortage of land.
- Preservation of local interests as a priority in the face of potential demographic shifts.
Committee Formation & Future Outlook:
- Committee Establishment:
- In 2023, the Uttarakhand government formed a Bhoo Kanoon committee to comprehensively review existing laws.
- Aims to provide recommendations for potential reforms, taking into account the diverse perspectives of stakeholders.
- The committee's report is awaited, signaling a pivotal moment in determining the future trajectory of Bhoo Kanoon.
- Political decisions will play a crucial role in shaping the future of Bhoo Kanoon.
- Balancing local preservation and external contributions remains a delicate challenge for policymakers.
Learnings from Himachal Pradesh:
- Himachal Pradesh Model:
- Drawing inspiration from Himachal Pradesh's Tenancy and Land Reforms Act, there is a call for similar provisions in Uttarakhand.
- Restrictions on non-residents:
- Himachal Pradesh's success in restricting non-residents from purchasing agricultural land is cited as a model worth emulating.
In Conclusion:
- Bhoo Kanoon aims to strike a balance between development needs and preservation of Uttarakhand's unique culture and environment.
- Focus on equitable and accelerated development while ensuring the wellbeing of the local population and the state's natural resources.
