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

54 Pages Posted: 23 Nov 2012 Last revised: 25 Nov 2012

See all articles by Sony Pellissery

Sony Pellissery

National Law School of India University

Sattwick Dey Biswas

TU Dortmund University; National Law School of India University

Date Written: November 22, 2012

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.

Keywords: property right, land, institution, conflict

JEL Classification: D23, O17, B15

Suggested Citation

Pellissery, Sony and Dey Biswas, Sattwick, Emerging Property Regimes in India: What It Holds for the Future of Socio-Economic Rights? (November 22, 2012). Available at SSRN: https://ssrn.com/abstract=2179717 or http://dx.doi.org/10.2139/ssrn.2179717

Sony Pellissery (Contact Author)

National Law School of India University ( email )

Bangalore, Karnataka 560242
India

Sattwick Dey Biswas

TU Dortmund University ( email )

Emil-Figge-Straße 50
Dortmund, 44227
Germany

National Law School of India University ( email )

T.P Line Meerpur cantt
Bangalore, Kanpur 208004
India

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