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Need for ‘urgent’ land reform – advocacy, millions of cases stuck in Indian courts.


Millions of cases
related to land and property are stuck in Indian courts, draining
litigants of resources and highlighting the urgent need for land reform
in the country, a legal advocacy group says.

Matters
related to land and property make up about two-thirds of all civil
cases in the country, according to a recent study by Bengaluru-based
Daksh, which found most litigants were poor men belonging to so-called
lower castes with only basic education.

“It
shows the urgent need for land reforms, not just to ease land and
property transactions, but also to free up our courts,” Surya Prakash, a
program director at Daksh, told the Thomson Reuters Foundation on
Monday.

More than 22 million cases
are currently pending in India’s district courts, according to
government data. Of these, 7.5 million are civil cases, of which more
than 6 million have dragged on for more than five years.

Civil
litigants spend an average of 497 rupees ($7) per day on court
hearings, the Daksh survey of more than 9,000 litigants showed. They
also incur a loss of 844 rupees per day due to loss of pay or business.

The total cost of
litigation every year is equivalent to about 0.5 percent of India’s
annual gross domestic product of $2 trillion, Daksh estimated.

With land records in several Indian states dating back to the colonial era, fraud is rampant and disputes are inevitable.

Plaintiffs and defendants in civil cases are generally from similar socio-economic backgrounds, the Daksh survey showed.

About 90 percent
of litigants had an annual income of less than 300,000 rupees ($4,500),
while 80 percent had not studied beyond school, according to the
research by Daksh which expects to release its full report on the Indian
judicial system on Wednesday.

Land
records in India are gradually being computerized, and several states
are taking steps to speed up land transactions and issue clear title
deeds.

But progress is slow, and in the meantime, disputes over landholdings, titles, compensation and inheritance end up in court.

“People continue to approach the courts to settle land and property disputes despite the many problems they face,” said Prakash.

“They
continue to believe the courts are the only way for them to quickly get
justice, despite data showing this is not the case.”

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