EDITORIALS & ARTICLES
22nd February 2021
Why does India need conclusive land titling?
Recently, as many States have failed to send in their feedback on a Model Bill on Conclusive Land Titling , the Centre has warned that their agreement would be presumed. The Bill was prepared by the NITI Aayog.
- Land Titling:
- It is the generic term used to describe the programs implemented by the government to enable individuals and government to efficiently trade in rights in land and property.
- Recently, the Supreme Court held that a citizen’s right to own private property is a human right.
- Current System in India/Presumptive Land Titling:
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- India currently follows a system of presumptive land titling. It means that land records are maintained, with information on possession, which is determined through details of past transactions.
- Ownership:
- It is established on the basis of current possession.
- Registration:
- Registration of land is actually a registration of transactions, such as sale deeds, records of inheritance, mortgage and lease.
- Holding registration papers does not actually involve the government or the legal framework guaranteeing the ownership title of the land.
- Conclusive Land Titling:
- Under a conclusive land titling system, land records designate actual ownership.
- Ownership:
- The title is granted by the government, which takes the responsibility for accuracy.
- Dispute Settlement:
- Once a title is granted, any other claimant will have to settle disputes with the government, not the title holder.
- Compensation:
- The government may provide compensation to claimants in case of disputes, but the title holder is not in any danger of losing ownership.
- Need and Benefits of Conclusive Land Titling:
- Reduce Litigations:
- The conclusive system will drastically lower litigation related to land.
- According to a 2007 World Bank study on ‘Land Policies for growth and poverty reduction’, land-related disputes accounted for two-thirds of all pending court cases in India.
- A NITI Aayog study on strengthening arbitration estimated that disputes on land or real estate take an average time of 20 years in the courts to be resolved.
- Reduced Risk:
- Once conclusive titling is in place, investors who want to purchase land for business activities will be able to do so without facing the constant risk that their ownership may be questioned and their entire investment may go to waste.
- Right now, because land titles are based on transactions, people have to keep the entire chain of transaction records, and a dispute on any link in that chain causes ambiguity in ownership.
- Reduction in Black Marketing:
- Ambiguity in ownership also results in a black market for land transactions, which deprives the government of taxes.
- Speeding up Development:
- Land disputes and unclear titling also create hurdles for infrastructure development and housing construction, leading to costly delays and inefficiency. In cities, urban local bodies depend on property taxes that can be levied properly only if there is clear ownership data available.
- Long-running court cases currently create hurdles for investment in many sectors of the economy.
- Facilitation of Easy Credit:
- In rural areas, the need is even more acute. Access to agricultural credit is dependent on the ability to use land as collateral.
- Without being able to prove their ownership of land and access formal credit from banks, small and marginal farmers are often left at the mercy of unscrupulous moneylenders, entrenching themselves in a mountain of debt.
- Model Bill on Conclusive Land Titling:
- Power to State Governments:
- It will provide state governments power to order for establishment, administration and management of a system of title registration of immovable properties.
- Land Authorities:
- Land Authorities to be set up by each State government, which will appoint a Title Registration Officer (TRO) to prepare and publish a draft list of land titles based on existing records and documents.
- This will be considered a valid notice to all potential claimants interested in the property, who will have to file their claims or objections within a set period of time.
- If disputing claims are received, the TRO will verify all the relevant documents and refer the case to a Land Dispute Resolution Officer (LDRO) for resolution.
- However, disputes which are already pending in courts cannot be resolved in this way.
- Having considered and resolved all the disputed claims, the Land Authority will publish a Record of Titles.
- Land Titling Appellate Tribunals:
- Over a three-year period, these titles and the decisions of the TRO and the LDRO can be challenged before Land Titling Appellate Tribunals, which will be set up under the law.
- After a three-year period, entries in the Record of Titles will be considered conclusive proof of ownership.
- Special Bench of High Court:
- A special bench of High court shall be designated to deal with appeals against the orders passed by the Land Titling Appellate Tribunal.
- Challenge:
- The biggest challenge is that land records have not been updated for decades, especially in rural and semi-urban areas.
- Land records are often in the name of the grandparents of the current owner, with no proof of inheritance.
- Unless they are based on updated records, conclusive land titles could create even more problems.
- Comprehensive village-level surveys with community involvement are a necessary precursor to the land titling process. Relying on current records or even satellite imagery will not provide the same accuracy as actual, on-the-ground, local surveys.
- It is imperative that the country has an integrated system or repository of land record for urban and rural areas which comprehensively covers agricultural, infrastructure, residential and industrial land.
Transatlantic Alliance Is The Foundation On Which US, European Security, Prosperity Are Built: Biden
The USA President Joe Biden in his first address to the annual Munich Security Conference declared that the 'transatlantic alliance is back' and stressed the need to defend democracy around the world.
- The USA President intended to improve the strained relationship between the USA and other European allies.
- The Munich Security Conference is an annual conference on international security policy that has taken place in Munich, Bavaria (Germany) since 1963.
- The Transatlantic Alliance has been the cornerstone of the post-World War II world order.
- It is a real-world expression of West - of a sense that both sides of Atlantic are in it together.
- It is the foundation on which the collective security and shared prosperity of the USA and Europe are built.
- However, this historic, long-established friendship between the world’s two largest economies has become strained in recent years.
- Transatlantic Trade and Investment Partnership (T-TIP):
- T-TIP is an ambitious, comprehensive, and high-standard trade and investment agreement being negotiated between the United States and the European Union (EU).
- The TTIP negotiations were launched in 2013 and ended without conclusion at the end of 2016.
- T-TIP will be a cutting edge agreement aimed at providing greater compatibility and transparency in trade and investment regulation, while maintaining high levels of health, safety, and environmental protection.
- Reason for Strained Relations:
- The Donald Trump (former) administration flaunted its foreign policy through an “America First” lens.
- The former American president not only attacked the North Atlantic Treaty Organization (NATO) - the fundamental structure of transatlantic alliance but also withdrew from virtually all multinational agreements recently championed by the European Union (EU), such as the Iran nuclear deal and the Paris climate agreement.
- The USA and the EU appear to be at odds with each other currently regarding their China interests, particularly on the economic and trade front.
- Significance of the Latest Declaration:
- A boost to multilateralism.
- Concerned with maintaining its global strategic primacy, the USA was once equivocal about European defence and strategic autonomy. But as power has shifted eastward, subsequent USA governments have been keen to devote as much attention, money, and military muscle as possible to the Indo-Pacific.
- The Alliance can lead to development of an EU-USA carbon border adjustment mechanism, and can help in averting most catastrophic impacts of climate change.
- On Iran, Europeans can anticipate renewed negotiations on a revamped nuclear deal aimed at de-escalating tensions across the region.
- Germany’s Merkel spoke about the need of a transatlantic policy towards Russia.
North Atlantic Treaty Organization
- Establishment: North Atlantic Treaty Organization (NATO) was established by the North Atlantic Treaty (also called the Washington Treaty) of 4th April, 1949, by the United States, Canada, and several Western European nations to provide collective security against the Soviet Union.
- NATO provides a unique transatlantic link for political and security cooperation.
- Headquarters: Brussels, Belgium.
- Functioning:
- NATO is a political and military alliance whose primary goals are the collective defence of its members and the maintenance of a democratic peace in the North Atlantic area.
- NATO has an integrated military command structure but very few forces or assets are exclusively its own.
- Most forces remain under full national command and control until member countries agree to undertake NATO-related tasks.
- All 30 allies have an equal say, the Alliance’s decisions must be unanimous and consensual, and its members must respect the basic values that underpin the Alliance, namely democracy, individual liberty and the rule of law.
- Members: As of 2020, there are 30 member states, with North Macedonia (2020) becoming the latest memberto join the Alliance.
- Member Countries: Albania, Belgium, Bulgaria, Canada, Croatia, the Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, the United Kingdom, Montenegro, North Macedonia and the United States.
India successfully test fires Helina, Dhruvastra anti-tank guided missiles
Recently, India has successfully test-fired indigenously-developed anti-tank guided missile systems ‘Helina’ and ‘Dhruvastra’in the Pokhran range, Thar desert (Rajasthan).
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- The Helina (the Army version) and Dhruvastra (Indian Airforce version) are helicopter-launched versions of third-generation anti-tank guided missiles (the Nag missile system).
- The missile system has all-weather day-and-night capability and can defeat battle tanks with conventional armor and explosive reactive armor.
- Indigenous:
- The missile systems have been designed and developed indigenously by the Defence Research and Development Organisation (DRDO).
- Operations:
- The ‘Helina’ and ‘Dhruvastra’ can engage targets both in direct hit mode as well as top attack mode.
- Top Attack Mode: The missile is required to climb sharply after launch and travel at a certain altitude, then plunge on top of the target.
- Direct Attack Mode: The missile travels at a lower altitude, directly striking the target.
Nag Missile
- Nag is a third-generation, fire-and-forget, anti-tank guided missile developed by DRDO to support both mechanized infantry and airborne forces of the Indian Army.
- It is an all-weather condition with day and night capabilities and with a minimum range of 500m and a maximum range of 4 km.
- Nag can be launched from land and air-based platforms. The land version is currently available for integration on the Nag missile carrier (NAMICA).
- DRDO has developed nag Missiles under the Integrated Guided Missile Development Program.
IGMDP (Integrated Guided Missile Development Program)
- It was conceived by Dr. A.P.J. Abdul Kalam to enable India to attain self-sufficiency in the field of missile technology. It was approved by the Government of India in 1983 and completed in March 2012.
- The five missiles (P-A-T-N-A) developed under this program are:
- Prithvi: Short-range surface to surface ballistic missile.
- Agni: Ballistic missiles with different ranges, i.e., Agni (I, II, III, IV, V).
- Trishul: Short-range low-level surface to air missile.
- Nag: 3rd generation anti-tank missile.
- Akash: Medium range surface to air missile.
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