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Responsible Goverance of Women's Tenure Rights for Food Security in India

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Lianne Oosterbaan
Lianne Oosterbaan

Presentation held on 27 april 2018 at the Second Ireland India Institute Conference on South Asia 2018, Dublin.

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Responsible Governance of Womens Tenure Rights for Food Security in India Lianne Oosterbaan l.oosterbaan@herts.ac.uk Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
Outline Introduction Food Security in India Women, Tenure Rights, and Food Security Tenure Rights in India Equality in Tenure Rights The VGGT: Tenure Rights for Food Security GELG for Equality of Tenure Rights Conclusion Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
Introduction Status of research Ethnography Surveys and semi-structured interviews Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
Food Security in India when all people, at all times, have physical and economic access to sufficient, safe, and nutritious food that meets their dietary needs and food preferences for an active and healthy life (World Food Summit 1996) Global Hunger Index 2017: India ranks 100 out of 119 countries National Food Security Act (NFSA), 2013 TPDS Food security not only about availability, but also about accessibility of food 70% of Indian population lives in rural areas Anaemia as indicator of malnutrition: Women 55%, men 22%, children <5 years 50% (Tamil Nadu) Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
Women, Tenure Rights, and Food Security Gendered food security is arguably caused by gendered tenure rights (Kumar and Quisumbing 2013) Women spend larger part of income on household (Meinzen-Dick et al. 1997; Sraboni et al. 2014) Increasing womens control over natural resources would increase household food security Women are unrecognised as farmers (Rubin and Manfre 2014), thus policies do not reach them Violates equality rights Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
Tenure Rights in India Bundles of rights (access, withdrawal, management, exclusion, alienation) Tenure rights need social and legal recognition: constitutes a relationship between people Social networks are crucial for bargaining over access to natural resources GoI only recognised the importance of land for women in land reform only from 1980 onwards Land inheritance; state law and customary practice Despite these commitments implementation is lacking Customary practice prevents women from inheriting land Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
Tamil Nadu: employment by sector, 2015-16 0 10 20 30 40 50 60 70 80 15-19 20-24 25-29 30-34 35-39 40-44 45-49 15-19 20-24 25-29 30-34 35-39 40-44 45-49 Agriculture non-agriculture % age group women men Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
40% of women in employment work in the agricultural sector, only 4.31 - 8.36% of women actually have tenure rights to an agricultural holding. 23.7% of men work in agriculture, and 18.12 - 35.05% of men have tenure rights over agricultural lands. 19% 81% 1995-96 18% 82% 2000-01 16% 84% 2005-06 19% 81% 2010-11 Female Male Number of landholdings (M/F) in Tamil Nadu between 1995-96 and 2010-11 Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
Equality in Tenure Rights The relationship between tenure rights and social inequalities is a two-way street Current emphasis is on reform of legal and policy systems of the State However, in absence of rule of law, state law will not be practiced if local communities disagree with this law Furthermore, especially women still do not adequately make use of opportunities to make tenure rights claims A main problem seems that women accept their lack of tenure rights Tenure rights have always been subject to change, thus there is hope for positive change for womens tenure rights the continued presence of customary legal systems requires attention for the potential of changing customary laws Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
The VGGT: Tenure Rights for Food Security The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) gives guidance in improving governance of tenure with the objective of achieving food security for everyone Originates from the idea that equitable and sustainable tenure rights are necessary for a sustainable livelihood The VGGT does not give preference to privatisation of land, but also stresses the importance of communal lands and forests and recognises a diversity in tenure rights With the VGGT, equity and justice in tenure rights can be promoted with positive action towards equity in tenure VGGT relates to transparency and making available of information regarding tenure rights VGGT is based on evidence from African countries Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
GELG for Equality of Tenure Rights Governing Land for Women and Men: A technical guide to support the achievement of responsible gender-equitable governance of land tenure (GELG) The VGGT focus on gender equitable tenure rights is elaborated in the GELG Understanding the context and complexities of plurality of legal systems and tenure diversity Considering local power dynamics Men and women have different needs and priorities, thus policy-making processes and participation should be gender-sensitive and intersectional Ensuring implementation needs monitoring institutions and increased employment of professional women at local and district level government and land administration institutions Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
Conclusion Resources are unequally divided among social groups, based on social norms which are often discriminatory and vested in unequal power relations The relationship between tenure rights and social inequalities is a two-way street equality in tenure rights will not lead to an increase of women cultivators as long as other restrictions women face, such as restrictive social norms, are not dealt with Gender-equitable tenure rights through: creating awareness on rights and inequality, creating awareness of the possibility of change, strengthening support networks, investing in land Strengthening implementation and rule of law is a necessary precondition for any policy or law to be successful There is a need to explore how the issue of property rights for women can be addresses without creating a sense of wanting to change tradition and identity Women still do not adequately make use of opportunities to make tenure rights claims: promote access to justice Active implementation of laws and policies rather than wait for a dispute to arise The potential of VGGT and GELG to improve womens tenure rights in India requires exploration Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
Some References Doss, C., Summerfield, G. & Tsikata, D. 2014. Land, Gender, and Food Security. Feminist Economics, 20(1), pp. 1-23. Meinzen-Dick, R. S., Brown, L. R., Feldstein, H. S. & Quisumbing, A. R. 1997. Gender, Property Rights, and Natural Resources. World Development, 25(8), pp. 1303-1315. Pritchard, B., Rammohan, A., Sekher, M., Parasuraman, S. & Choithani, C. 2014. Feeding India: Livelihoods, Entitlements and Capabilities. London: Routledge. Quisumbing, A. R., Brown, L. R., Feldstein, H. S., Haddad, L. & Pea, C. 1995. Women: The Key to Food Security. Food policy statement, 21. Rao, N., Pradhan, M. & Roy, D. 2017. Gender Justice and Food Security in India: A Review. The International Food Policy Research Institute (IFPRI). Saxena, N. & Parthasarathy, S. K. 2016. Claiming Space, Claiming Rights: Inheritance and Land Rights for Muslim Women in Uttar Pradesh, India. Land, Labour and Livelihoods. Springer. Schlager, E. & Ostrom, E. 1992. Property-Rights Regimes and Natural Resources: A Conceptual Analysis. Land Economics, 86(3), pp. 249-262. Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018

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Responsible Goverance of Women's Tenure Rights for Food Security in India

  • 1. Responsible Governance of Womens Tenure Rights for Food Security in India Lianne Oosterbaan l.oosterbaan@herts.ac.uk Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 2. Outline Introduction Food Security in India Women, Tenure Rights, and Food Security Tenure Rights in India Equality in Tenure Rights The VGGT: Tenure Rights for Food Security GELG for Equality of Tenure Rights Conclusion Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 3. Introduction Status of research Ethnography Surveys and semi-structured interviews Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 4. Food Security in India when all people, at all times, have physical and economic access to sufficient, safe, and nutritious food that meets their dietary needs and food preferences for an active and healthy life (World Food Summit 1996) Global Hunger Index 2017: India ranks 100 out of 119 countries National Food Security Act (NFSA), 2013 TPDS Food security not only about availability, but also about accessibility of food 70% of Indian population lives in rural areas Anaemia as indicator of malnutrition: Women 55%, men 22%, children <5 years 50% (Tamil Nadu) Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 5. Women, Tenure Rights, and Food Security Gendered food security is arguably caused by gendered tenure rights (Kumar and Quisumbing 2013) Women spend larger part of income on household (Meinzen-Dick et al. 1997; Sraboni et al. 2014) Increasing womens control over natural resources would increase household food security Women are unrecognised as farmers (Rubin and Manfre 2014), thus policies do not reach them Violates equality rights Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 6. Tenure Rights in India Bundles of rights (access, withdrawal, management, exclusion, alienation) Tenure rights need social and legal recognition: constitutes a relationship between people Social networks are crucial for bargaining over access to natural resources GoI only recognised the importance of land for women in land reform only from 1980 onwards Land inheritance; state law and customary practice Despite these commitments implementation is lacking Customary practice prevents women from inheriting land Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 7. Tamil Nadu: employment by sector, 2015-16 0 10 20 30 40 50 60 70 80 15-19 20-24 25-29 30-34 35-39 40-44 45-49 15-19 20-24 25-29 30-34 35-39 40-44 45-49 Agriculture non-agriculture % age group women men Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 8. 40% of women in employment work in the agricultural sector, only 4.31 - 8.36% of women actually have tenure rights to an agricultural holding. 23.7% of men work in agriculture, and 18.12 - 35.05% of men have tenure rights over agricultural lands. 19% 81% 1995-96 18% 82% 2000-01 16% 84% 2005-06 19% 81% 2010-11 Female Male Number of landholdings (M/F) in Tamil Nadu between 1995-96 and 2010-11 Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 9. Equality in Tenure Rights The relationship between tenure rights and social inequalities is a two-way street Current emphasis is on reform of legal and policy systems of the State However, in absence of rule of law, state law will not be practiced if local communities disagree with this law Furthermore, especially women still do not adequately make use of opportunities to make tenure rights claims A main problem seems that women accept their lack of tenure rights Tenure rights have always been subject to change, thus there is hope for positive change for womens tenure rights the continued presence of customary legal systems requires attention for the potential of changing customary laws Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 10. The VGGT: Tenure Rights for Food Security The Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) gives guidance in improving governance of tenure with the objective of achieving food security for everyone Originates from the idea that equitable and sustainable tenure rights are necessary for a sustainable livelihood The VGGT does not give preference to privatisation of land, but also stresses the importance of communal lands and forests and recognises a diversity in tenure rights With the VGGT, equity and justice in tenure rights can be promoted with positive action towards equity in tenure VGGT relates to transparency and making available of information regarding tenure rights VGGT is based on evidence from African countries Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 11. GELG for Equality of Tenure Rights Governing Land for Women and Men: A technical guide to support the achievement of responsible gender-equitable governance of land tenure (GELG) The VGGT focus on gender equitable tenure rights is elaborated in the GELG Understanding the context and complexities of plurality of legal systems and tenure diversity Considering local power dynamics Men and women have different needs and priorities, thus policy-making processes and participation should be gender-sensitive and intersectional Ensuring implementation needs monitoring institutions and increased employment of professional women at local and district level government and land administration institutions Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 12. Conclusion Resources are unequally divided among social groups, based on social norms which are often discriminatory and vested in unequal power relations The relationship between tenure rights and social inequalities is a two-way street equality in tenure rights will not lead to an increase of women cultivators as long as other restrictions women face, such as restrictive social norms, are not dealt with Gender-equitable tenure rights through: creating awareness on rights and inequality, creating awareness of the possibility of change, strengthening support networks, investing in land Strengthening implementation and rule of law is a necessary precondition for any policy or law to be successful There is a need to explore how the issue of property rights for women can be addresses without creating a sense of wanting to change tradition and identity Women still do not adequately make use of opportunities to make tenure rights claims: promote access to justice Active implementation of laws and policies rather than wait for a dispute to arise The potential of VGGT and GELG to improve womens tenure rights in India requires exploration Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018
  • 13. Some References Doss, C., Summerfield, G. & Tsikata, D. 2014. Land, Gender, and Food Security. Feminist Economics, 20(1), pp. 1-23. Meinzen-Dick, R. S., Brown, L. R., Feldstein, H. S. & Quisumbing, A. R. 1997. Gender, Property Rights, and Natural Resources. World Development, 25(8), pp. 1303-1315. Pritchard, B., Rammohan, A., Sekher, M., Parasuraman, S. & Choithani, C. 2014. Feeding India: Livelihoods, Entitlements and Capabilities. London: Routledge. Quisumbing, A. R., Brown, L. R., Feldstein, H. S., Haddad, L. & Pea, C. 1995. Women: The Key to Food Security. Food policy statement, 21. Rao, N., Pradhan, M. & Roy, D. 2017. Gender Justice and Food Security in India: A Review. The International Food Policy Research Institute (IFPRI). Saxena, N. & Parthasarathy, S. K. 2016. Claiming Space, Claiming Rights: Inheritance and Land Rights for Muslim Women in Uttar Pradesh, India. Land, Labour and Livelihoods. Springer. Schlager, E. & Ostrom, E. 1992. Property-Rights Regimes and Natural Resources: A Conceptual Analysis. Land Economics, 86(3), pp. 249-262. Second Ireland India Institute Conference on South Asia 2018 - 27th April 2018