Emerging Property Regimes in India: What It Holds for the Future of Socio-Economic Rights?

Abstract

The paper develops a framework for understanding property regimes with reference to land. The paper identifies the classification for property regimes, primarily inspired by economic theory since Coase (1960), as ‘private vs. collective’, to be strait jacketed for comprehending the dynamic nature of the relationship between property rights and socio-economic rights. The framework that the paper develops is that of a two pillar model: 1) how planning, market activities, and societal undertakings change property values. All three dimensions of change – economic, social and ecological – are considered in this pillar. 2) Institutional space for enforcing property rights. The legal and knowledge spaces are considered prominent here along with value orientations in society.The paper is structured into four sections. After stating the problem, the paper undertakes a conceptual tour of property. Then, the relationship between property rights and socio-economic rights is delineated. The second section of the paper presents 15 archetypical land conflicts occurring in the post-reform period. These conflicts show how the property context in India is changing rapidly and new land regimes are emerging indicating a transformation. The third section of the paper presents how, across the world, the question of property has been addressed in the context of transformation. The fourth section builds on this foregone discussion and develops a framework to understand property regimes.