The draft Kerala Land Policy, released by the Government last week, is to be taken with a pinch of salt.
It is an attempt to refurbish the image of the Government tarnished by its failure to reclaim encroached Government lands. It also vows by the land reforms to neutralise the publicity over the Industries Secretary’s proposal to roll back land reforms. (The law, he said, had outlived the need.)
Policy contains hardly any specific proposals on crucial and controversial issues. Where it states something specific, it is established policy like land and titles for the poor (including tribals) and settlers and the poor. The test of the policy will be whether the government takes clear stand on various issues and implements the policy
The policy tries to create the impression that it is absence of laws that lead to encroachment and irregular land transactions. However, it is the government’s failure to enforce the laws that lead to irregularities.
Here is a sampler from the policy: The Government will take measures, including legislative measures, to strongly prevent illegal purchases of land and amassment of properties. Note that the sentence itself says that the purchases in question are illegal. Then, who do the Government need another law to prevent them?
The Government may argue that it needed stringent laws to check the abuse. However, experience shows that stringent laws with bigger punishments are not the answer when the problem is basically the unwillingness of the Government machinery to enforce the laws. A case in point is the Anti Social Activities Act, providing for preventive detention. The law has not served to bring down crimes.