Women and land rights in India – competing and changing interests

Policy support for women’s land rights in India has not translated into title deeds in women’s names. When agriculture depends heavily on women’s labour, why have women not joined together to demand rights to land?

Research carried out in Jharkhand, India,asks this question. Commentators often argue that to overcome inequality, womenneed to work together across boundaries of class, caste or religion to achievetheir common interests. However, not all women have the same interests regarding land rightsand they are therefore unlikely to work together to pursue greater equality. Infact, men’s and women’s interests within a family group are often more similar.A woman’s position as part of a household - as a daughter, a wife, a mother ora widow – is perhaps the most important influence on her loyalties andalliances in relation to land.

In Jharkhand, many factors influence theposition of women with regard to land rights:

• Womendo have power: agricultural production is dependent on women’s labour, whichthey can and do withhold if rights are not given to them.
• Womenoften side with their household, rather than with another woman. Equally, menregularly support a woman’s land claim when it is in their interest.
• Customaryrights allow women to inherit land in some cases, as widows or daughters. However,these are often challenged by male relatives, since competition for land ownershipis high, in a context where land markets are absent.
• Women’sinterests change with their social position throughout their lives.
• Collectiveaction works only where a group has common interests, but class, caste andother differences frequently outweigh gender identity.

A land claim by a woman based on parentalor marital inheritance is considered a challenge to men, since land providesstatus and identity. Other women are just as likely to oppose it, though, ifthe claim threatens their household status. Women therefore need the support ofthe wider community, especially men with power, in making land claims and areoften better off making male allies than trying to rouse collective action bywomen.

Policies must understand differencesbetween women and competing and changing interests outside gender:

• Landtitling and reform programmes should include secondary rights to the land,including women as named heirs. Untitled areas traditionally considered women’splots should be officially demarcated.
• Customarylaws are more socially acceptable than existing state law and provides for landrights for women in certain cases. These aspects of customary law should beincluded in and legitimised by official policies.
• Aswell as land, women need access to credit and technology. Collective actionwould be more useful in helping to access these resources. It is in theinterests of all women involved in agriculture, so more likely to achievecollective support.
• Policymakersneed to avoid generalising across groups, gender or geographical areas and takeaccount of people’s differences and changing circumstances throughout theirlives.