EMERGING PROPERTY REGIMES IN INDIA: WHAT IT HOLDS FOR THE FUTURE OF SOCIO-ECONOMIC RIGHTS?

Working Paper

234

EMERGING PROPERTY REGIMES IN INDIA:
WHAT IT HOLDS FOR THE FUTURE OF
SOCIO-ECONOMIC RIGHTS?

Sony Pellissery and Sattwick Dey Biswas

The purpose of the Working Paper Series (WPS) is to provide an opportunity to IRMA faculty, visiting fellows, and students to sound out their ideas and research work before publication and to get feedback and comments from their peer group. Therefore, a working paper is to be considered as a pre-publication document of the Institute.

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November 2012

EMERGING PROPERTY REGIMES IN INDIA: WHAT IT HOLDS
FOR THE FUTURE OF SOCIO-ECONOMIC RIGHTS?
Sony Pellissery1 and Sattwick Dey Biswas2
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

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