LAND REFORM MEASURES IN KASHMIR DURING DOGRA RULE

Author(s): Showkat Ahmad Naik

Source: Proceedings of the Indian History Congress , 2011, Vol. 72, PART-I (2011), pp.
587-603
Published by: Indian History Congress

Stable URL: https://www.jstor.org/stable/44146753

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 LAND REFORM MEASURES IN KASHMIR
DURING DOGRA RULE
Showkat Ahmad Naik

The economy of Kashmir during the nineteenth century and first half of
twentieth century was dominated by agriculture. More than 75% population
of Kashmir was engaged in this sector and it constituted the main source of
income of the state.1 Thus the agrarian economy has been a matter of interes
affecting all sections of Kashmiri society in a variety of ways. This period i
also very significant in the history of Kashmir so far as the agrarian reform
are concerned. The main purpose of the Dogra Maharaja's agrarian policy
was to fill the coffers of Government Treasury and changes were made tim
to time keeping this in mind. The British influence right from the reign of
Gulab Singh was also a significant force pressing the Dogras to reform the
agrarian system of Kashmir at different times.2

Landed Aristocracy During Dogra Period

The agrarian structure during the period under review was feudal in characte
with the Maharaja at the apex, followed by a hierarchy of landlords-Jag/rc/ars
Maufldars , Mukkararee and Chakdars and below them the Zamindar (peasant)
Jagirdar : During the Dogra period a certain number of villages were partially
or wholly granted to the Jagirdar in lieu of his services to the state. He wa
supposed to collect revenue directly from the zamindar. He was almost
autonomous in his Jagir and collected 75% of the produce and left only 25%
to the zamindar. Besides land revenue he also collected various other taxes
like grazing tax, forest revenue, income from water mills and judicial fine.3
He even collected tax from the state lands which were leased on rent. He was
also authorized to appoint village headmen of his choice. But he had to obey
the Maharaja who was the highest authority and sole claimant of land and
could deprive the Jagirdar of the estate granted to him. In 1930 the Jagirs
were classified into two categories. The person granted a jagir of Rs. 3000 or
above per annum was called Jagirdar and those enjoying a Jagir of below Rs.
3000 were called Pattadars. Till 1935 the Jagirdar enjoyed assami right in
the land and in 1935 they were granted proprietary rights in land.
Muafldars : Like the preceding rulers the Dogra used to give revenue free
grants for religious and charitable purposes. They were kown as Muafi lands
and its holders were known as Muafldars . They enjoyed more or less the
same privileges as the Jagirdar did. But they paid no revenue. Muafls were of
two types- religious and non-religious. In religious land 1/3 of the amount of
revenue assigned was received by Muafidar in cash and 2/3 in kind, while in
non-religious muafls the whole of land revenue was received either in cash
or kind or partially in cash or partially in kind.4 In Kashmir Brahman and
Sayyid families were recipients of such grants.
Mukkararee : The Mukararee holders were another category of landlords.
They received the money from the government treasury after the expiry of

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588 IHC: Proceedings, 72nd Session, 2011
six months. They did some little service to the state and hardly paid any
attention to the welfare of peasants and exploited them in every possible way.
Mirza Afzel Beg, the revenue minister in the Sheikh Abdullah's regime and
pioneer of land reforms in Jammu and Kashmir in 1953, called such holders
4Do Nothings' and a dead weight on the resources of the state.5
Chakdar : This group of landlords came into existence in 1862. They acquired
land under deeds granted by the state. They were mere land-revenue agents
of the state with no proprietary rights.6 They just stood above the common
peasant. They were entitled to hold possession of land called Chaks and to
take away its agricultural produce so long as they paid the state share on
such land in due time.

Land Reform Measures During the Pre-Settlement Operations

Gulab Singh after taking over the control of Kashmir could not totally renovate
the structure of agrarian system inherited from the Sikhs. However, some
minor changes were introduced which could not produce far reaching results.
At the very outset he declared himself to be the sole proprietor of all lands in
Kashmir as he perceived that he had purchased Kashmir for seventy-five lakh
chilki rupees from the British. In this way, he divested the peasants of their
proprietary rights which they had enjoyed even during the Sikh and Afghan
régimes. Thus the land was held by his subjects in the capacity of tenants for
which they were required to pay land revenue to the state as Haq-i-Malikan.
If they ceased to pay the Haq-i-Malikan , they were deprived of the occupancy
of the land. He confiscated the jagirs bestowed bountifully during the Sikh
rule especially by the last Sikh governor, Sheikh Ghulam Moin-un-Din.7
However, this practice was not abandoned and he granted Jagir in lieu of
salaries, charitable gifts,. Land was divided for the purpose of revenue
assessment into sarkasht, paikasht and Navabadee .x For the latter two
categories the revenue rate was fixed slightly lower. Batia remained most
widely prevalent method of assessment throughout Gulab Singh's reign; he
also tried out several other methods. Saif-ud-Din mentions that in 1846, Gulab
Singh employed a Punjabi land expert, Devi Datta to carry out the assessment
work in Kashmir in order to increase the state revenues.9 He assessed the
land according to kanals and fixed the%revenue at the uniform rate of two
rupees a Kanal ; and a Kharwar of land was assessed at the rate of Rs. 120.
Again in 1848, he deputed Maulvi Mazhar Ali and Diwan Kanaya Lai to
assess the produce in the pargana of Ich-Nagam.10 In 1849, the land was
measured and the land revenue was fixed in cash.11 In 1853, some relaxation
was made in the assessment of wastelands which had been recently brought
under cultivation. The state share was fixed at two-fifths of produce.12 But
all the aforementioned reforms failed to satisfy the Maharaja and consequently
were abandoned.

Maharaja Ranbir Singh seems to have been more innovative than his
father. The economy of Kashmir was in a deplorable condition when the
Maharaja ascended the Gaddi of Jammu and Kashmir State in 1857. Ranbir
Singh, after assessing the economic condition of the state, adopted a set of
reforms for its improvement. In the Dastur-i-Amal issued in 1 857, 13 he ordered

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 Modem India 5 89

the collection of revenue through Kardar w

from the already impoverished peasantry.
different crops was to be reduced and the ex
or malba from the zamindars in the form of
was reduced. He farmed out land to Kardars who were the land revenue
agents of the state. The Kardar was assigned only the privilege of collection
of revenue. But the Kardar was not confined to this.14 Professor Rattan Lai
Hangloo stated that "the Kardar not only dictated the method of assessment
of his choice to the peasants but also the crop to be sown by them."15
The Kardar got the land cultivated on the basis of full unit family known
as Nafre , at the rate of four acres to each Nafre , two acres to Nim-Nafre (half
family) and one acre to Pao-Nafre (single peson).16 It was thought that peasants
would concentrate on the land granted to them which in turn would increase
production. Moreover, in order to watch the growth of crops a government
official known as Shakdar ( Shiqqdar ) was appointed in each village and in
case of large villages two or three Shakdars were appointed, one for each
threshing floor. The state levied three-quarters portion of rice, maize, millets
and buckwheat and nine-sixteenth of oil-seeds, pulses and cotton as state's
share.17

In 1 860, a new system of assessment known as Chakladari system was

instituted. Under this system agricultural land was divided into Chaklas , one
Chakla consisting of three or four villages.18 Each Chakla was put under a
Chakladar for revenue collection for a period of three years. At its introduction
the average produce of the previous five years was taken as the basis for the
assessment. It was first introduced in the parganas of Shopian, Vihu and Bring.
In 1863, it was renewed and continued till 1869. Diwan KripaRam, Governor
of Kashmir (1 865-1 872), maintained it, and it was successful to a great extent,
the stipulated revenue being realized conveniently.19 In 1865, the pargana
divisions which had been prevalent in the Kashmir since Mughals were
abandoned and the state was divided into wazarats for the purpose of
administration. Kashmir province was divided into six wazarats.20 In 1869,
the contract was made with Mukkudams or with Zamindars and two traks
came to be levied instead of four trakhs. In samvat 1927 (1871) the Maharaja
abolished the Trakee system altogether.27
In 1873, the assessment was fixed directly on the cultivators. This was
known as Assamiwar (asamiwar) khewat22 The intermediaries like Sozawal
and Shakdar were now excluded, and the cultivator was made accountable
for the improvement of land and to deposit the state's share in the royal
treasury. Thus for the first time Ryotwari system was established in the
Valley.23 This reduced the burden of intermediaries on peasants and saved
them from their oppression. It was actually a cash assessment on the actual
cultivator. However, the state's share was realized either in cash or in kind.
Moreover, the land revenue demand was also reduced. Consequently, a
spectacular increase in the production was noticed especially in the wazarat
of Kamraj and Ajhamain pargana.24 However, this system did not bestow
proprietary rights upon the cultivator. In 1876, fresh contracts were entered
into either with Mukdams, Kardar or cultivator and two Traks per Kharwars25

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590 IHC: Proceedings , 72nd Session, 2011
were again added to the assessment, besides an aggregate tax of Rs.9-12-0
per cent, if paid in cash or nine Kharwars and twelve Traks per hundred
Kharwars, if paid in kind.26 In 1877-78, due to a severe famine the contract
broke down.27 In 1880, a new Assamiwar khewat assessment was again
introduced in the valley. The basis of this assessment was the average produce
of the previous two years i.e. 1 877(S 1 934) and 1 878(S 1 935) which was
estimated in cash.28 The procedure for arriving at the assessment was that the
gross produce was estimated in cash and half of the produce was set as the
government's share, but was payable either in kind or cash. Not less than 30
per cent was added in revenue in order to compensate the, state loss presumed
to be suffered by the state. However, it rested with the Hakim-i-Ala [Governor]
to say year after year, how much assessment is made in cash and how much in
kind. Moreover, it was obligatory for the peasant to pay one-half of his produce
as revenue and more than 30% was added as Abwabs which put an extra
burden on the cultivator. According to W.K. Lawrence, it was full of
drawbacks. The revenue collectors took land revenue in both cash and kind
from the peasants. They paid the cash portion to the state but the payment in
kind was not often recorded, it was just shown as baki i.e. arrears against the
name of the cultivator. Thus the peasants even after paying their revenue
were held to be defaulters.

In 1882, the the produce of the auctioning of villages to highest bidder

was introduced.29 This system was designated as Azad Boli system. The bidders
known as Mustajirs after having a cursory look round the fields of a particular
village promised a lump sum amount to be paid to the state. In turn they
became entitled to the right of revenue collection from the peasants of that
area or village. The bidder extracted as much revenue as feasible from the
peasants without taking into consideration the condition of the soil and
production. They were very oppressive at the time of collection. Even during
bad harvests the tax-farmers extracted all they could take from the villagers.
But even so they often failed to submit the stipulated revenue to the state.
Some of the bidders absconded without making payment of stipulated revenue
to the state. E. F. Neve who came to Kashmir during this period as a medical
missionary stated "that after wringing all they (bidders) could from unhappy
villagers they absconded without paying a single rupee to the state".30 As a
result no substantial enhancement was registered in the income of the state
and the system had to be discontinued. In 1885, the Khewat system was again
implemented,31 and it continued till 1887 when the settlement work
commenced under the supervision of A. Wingate, an English settlement officer.

Colonial Intervention and Land Reforms in Kashmir

With the ascendency of Pratap Singh to the throne of princely state of Jammu
and Kashmir in 1885, drastic changes occurred in the agrarian system of the
state in general, but Kashmir in particular. This was inevitably the consequence
of the direct intervention of British in the affairs of Jammu and Kashmir after
1885 when British Resident was appointed in Kashmir.

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 Modem Inaia 5 9 1

Wingate's Settlement Operation in Kashm

Soon after its establishment, the British Re
Maharaja Pratap Singh to institute proper lan
agrarian system of Kashmir. In 1887 A. Win
the first settlement in Kashmir. He was assis
other assistants. This was the first of its kind
began to be measured in a proper manner a
undertaken before fixing the revenue. He m
feet in length, divided into ten karms, each
revenue was fixed after a gross assessment
peasant into trouble. He carried the settlement
Lai and Phak. He described the land system of
He rejected the previous measurements and m
On 1st August 1887, Wingate submitted his r
Jammu and Kashmir in which he made the f
1 . The state demand should be fixed at reaso
of years and a system of accounts should
keep the tehsildar within limits.
2. Wingate strongly advocated the conferring
which included the right of sale and mort
asaami at the time of Jamabandi (assessme
the right if they ceased to pay the stipulate
he also proposed that the non-cultivating
only after proper enquiry.
3. While he declared waste lands and water
he supported collective right of occupancy
threshing floors, ponds and other similar
against each village as Shamilat-i-Deh at th
4. All cultivable waste land should be transferred to those cultivators who
were ready to pay the revenue as decided at the time of settlement and
the land would be entered against their names.
5. Jagirs , Muafls and other whole or partial assessments be entered in
settlement records after consulting existing records.
6. In order to reduce the negative impact of Begar (forced labour) on
cultivation, Wingate suggested a fixed number of coolies being
requisitioned from each village.
Though all the recommendation submitted by A. Wingate could not get the
consent of the state, his work laid the foundations for future settlement
operations in Kashmir. The extensive study of previous assessments by
Wingate persuaded the Maharaja to take steps to mitigate the sad plight of
peasant. The extensive assessment carried by Lawrence in the state from 1889
was also a direct result of Wingate's efforts.

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592 IHC : Proceedings, 72nd Session , 2011
Lawrence's Settlement operation in Kashmir
Sir Walter Roper Lawrence replaced Wingate in 1 889 as the Settlement Officer
of Kashmir. Initially, he was appointed on a temporary basis and in 1890 he
became the permanent Settlement Officer. He was assisted by two Panjab
officials and one Englishman in his work, Lala Narsing Das, Saiyed Alam
Shah and H. L. Revelt. He did commendable work in Kashmir for which he is
still revered in Kashmir. He along with his assistants carried out the settlement
work in almost all the teshsils of state by personally visiting every village.
It was not an easy task. At the commencement of his work he stated that
there were no records or maps to indicate the holdings of a person and his
revenue liabilities. Nor was there a standard measurement of land as it was
measured in terms of seeds required for each field. The country was in total
confusion.34 Moreover, he had to face the opposition and non-cooperation on
the part of officials and people with vested interests. He remarked "Once I
commenced inspecting Lai tehsil to form assessment, the Tehsildar, an
important revenue official of the time, not only remained absent but also
prevented the villagers from communicating with me and through them
informed the countryside that 1 meant to have a new assessment based on the
survey records by the end of 1889."35 At that time there were several issues
which needed due consideration, such as:
I. On whom the occupancy rights should be conferred assami present or
fugitives, who migrated to Punjab and other areas after the famine of
1877 or people who settled in the villages where the assessment was
light?
II. How much to be fixed as the state's share?

III. Whether the assessment should be fixed permanently or for a particular

period of time?
IV. How to gain the confidence and trust of people who distrusted everything
and everybody, which is a prerequisite for the successful completion of
settlement work?

V. The next issue which needed immediate consideration was the internal
distribution of revenue.

The Lawrence settlement introduced the following significant reforms in the

agrarian structure of Kashmir which at last infused a sense of confidence into
the people of Kashmir.
I. Lawrence, like his predecessor vehemently advocated the grant of
hereditary occupancy rights in land to every person at the time of
assessment or when the distribution of assessment was effected,36
However, he did not suggest the right given include that of sale and
mortgage. The reason was that, if such a right was given to the cultivator
who was not fully acquainted with the value of land, he could be cheated
by the officials and land grabbing persons.
II. The state demand was set for ten years because Lawrence did not want
to tie the hands of the state for ever and after ten years the magnitude of
state share could be revised. 37

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 Modem India 593

III. Though Lawrence was in favour of pure cash assessment, due the
opposition of the officials the land revenue was fixed partly in cash and
partly in kind. Moreover, the miscellaneous taxes that were collected
from the peasantry separately on walnut trees, forests and livestock were
included in land revenue except for the pony and sheep taxes.38
IV. All waste and fallow lands were declared Khalisa lands but the assamis
of the village in which these lands were located could have the prior
right to acquire them under the rules if they desired. If they failed to
retain these lands, then they could be acquired by outsiders. No separate
land was left for grazing in villages, as in Kashmir grazing fields were
abundantly available in the mountains an(ļ only ten per cent of the
wasteland was left for collective usage of village.39
V. Regarding the forests Lawrence recommended no restriction. The villagers
could freely use the forest products like timber, firewood and grass.40
VI. Begar (forced labour) in its more objectionable form was abolished.41
VII. Quarterly instalments of revenue collection were introduced in Kashmir.
Moreover, the revenue was fixed for each holding. Some sections of
people with some privileges like the Lambardar and Patwari who earlier
paid a nominal share of their produce as revenue were now required to
pay revenue on their holdings according to fertility and irrigation
facility.42
VIII. Variations in soil, climatic conditions, irrigation etc made it
unrealistic to impose a uniform rate of revenue for the whole of Kashmir.
Keeping in view all these factors Lawrence divided the valley into
different assessment circles. In each circle estimates of average produce
were obtained by conducting crop-cutting experiment for different crops,
and on the basis of prevailing prices gross estimates for each circle were
worked out.43

IX. The intermediary class was abolished and the cultivator was now to pay
to the state directly and the forces called Nizamat Paitan for procuring
the state share were disbanded.

The land revenue settlements proved a landmark in the agrarian history

of Jammu and Kashmir. It not only developed a sense of belonging among
the cultivators but also relieved them from the serfdom they were subjected
to prior to the settlement. Within few years of the settlement, there had emerged
in Kashmir a stable revenue paying peasantry. Lawrence says that the peasants
paid the stipulated revenue before the date and the tehsil chaprasi (revenue
clerk) rarely visited the village for collection. In spite of the visitation of
cholera of 1892 and disastrous floods of 1893, there was no drastic reduction
in land revenue. It was not possible for officials to blackmail the peasants
because the revenue was now fixed with no chance for manipulation. The
peasant was also relieved of the extra cesses ( Rasum ) which he used to pay to
a host of officials who were directly or indirectly connected with revenue
collection or Jagirdars. The standard of living of people also witnessed
considerable improvement.44 More and more wastelands were cultivated, fields
fenced off, orchards planted, vegetable gardens stocked and mills constructed.

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594 IHC: Proceedings, 72nd Session, 2011
When harvest was ripe the peasant reaped it at his own good time45 and not a
soldier ever entered the village and the old saying " Batta , Batta, Tah piyada
patta. "46 lost its relevance. Moreover, with the increase in wealth, the peasants
were also able to make larger purchases. It also stabilized the revenue of state
as it was fixed for ten years.
While visiting a village Knight observed: "This was once a considerable
place but the houses are in ruins and on the wastelands the squares of grass-
grown ridges show the borders of former paddy fields. The whole of the
inhabitants tied to India during the fatal year 1887 ... for during the previous
twelve months twenty-three had returned from Punjab, where they were doing
well: the report of Mr. Lawrence's settlement work in their native land and of
the security from oppression that was already enjoyed in the districts having
reached these exiles.'47

The 1901 census noted that cultivators were better off than before and
enjoyed peace and prosperity. Considerable areas had been converted into
flourishing fields during the previous decade. Not only was the peasant not
at the mercy of the revenue officials, but he was now in a position to sell his
surplus grain to urban grain traders, thus entering the sphere of legitimate
and lucrative trade. However, it should be noted that the land settlements did
not completely mitigate the miserable conditions of peasants and did not create
a class of settled peasants. They were not still granted permanent proprietary
right. Later, in the twentieth century the peasants suffered again and their
hardships compelled them to lend their active support to the struggle for
freedom against the Dogras in the early thirties.
Another important development in the agrarian system was the
appointment of Jagir committee in the 1890s to define the privileges of
Jagirdars and their relations with the cultivators. In 1896-97, Captain J. L.
Kaye, settlement commissioner, started the settlement work in Jagirs to
eradicate the flaws that had flourished in the Jagirdari system of Kashmir.48
In his report, the Settlement Officer proposed the active interference of the
state in Jagir holdings, along with specifying the status oi Jagirdar and tenants
on these holdings. As a result, Sanads (Land Deeds) were issued for each
Jagir, which specified its precise area and value, the term and the conditions
under which the grant had been made. It was stated in the report that Jagirdars
were no more than the assignee of revenue and were not granted proprietary
rights. The tenants in Jagir lands were as much tenants of the darbar and
entitled to protection as any of its other subjects. The report argued that the
Jagirdar could not possibly be the tenant but the Jagirdar in the eyes of
darbar stands as the collector or assignee of revenue only. The report also
argued that just as the darbar could not be its own tenants in Khalisa villages,
so too the Jagirdar could not claim occupancy right that belonged to the
peasant. According to this report the Jagirdar had no privilege to collect cesses
or to make the villagers pay for items of expenditure which were purely
personal. It was also asserted that the Jagirdar had no right on the wastelands
that they had included in their original grant over the years.49 Thus all Jagir
lands were brought in line with the land settlement in the rest of the valley.

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 Modem India 595

In 1898 the term of Lawrence ended and a revision of settlement work

was undertaken. It was completed with ease in 1905 under the supervision of
J. L. Kaye and very few changes were introduced as all important issues had
been settled by Lawrence. The only vital issue was the amount of land revenue
to be paid to the state.
The revenue was now to be paid in cash. It was fixed at 30% of the total
money value of the crops produced.50 According to Amar Nath, land revenue
was further reduced (since that first regular settlement) to 25% of the gross
produce besides 12.5% of jagirdari.patwari , sanitation and road cess bringing
the total revenue to 38%.51 Another vital change that occurred owing to this
settlement was that every assami was provided a booklet in which all sorts of
entries related to the rate of land revenue etc were recorded.52 This greatly
benefitted the cultivator. It protected him from official exploitation. Moreover
the new lands which were brought under cultivation through this settlement
were assessed and recorded. This increased the production and revenue
simultaneously.
In 1902, Agriculture Department was established in Kashmir53 which tried
to promote the interest of peasants by introducing scientific methods,
implements and improved seeds and manures. In 1906 under the aegis of the
Agricultural Department the Pratap Model Farm was established near the
Shalamar garden to popularize the use of better seeds and agricultural
appliances and also to introduce improvements in the mode of cultivation.
Here experiments were conducted with several varieties of seeds imported
from other parts of India and foreign countries like America, England, Italy
and Russia. After the success of these experiments, the results were
recommended to the cultivators for adoption. Moreover, the Department
organized agricultural shows and demonstration at different places in Kashmir
where the samples of all the products of Model Farm were exhibited.54 Even
the products of locals were exhibited and rewarded. The object was to promote
high quality seeds agriculture which was the main source of economy of the
state, by making the masses aware of modern techniques.
In 1911, W. S. Talbot was appointed the Settlement Commissioner of
Jammu and Kashmir and he remained in this post till 1917. Under his
supervision settlement operations were carried at mainly in the different areas
of Jammu region like Udampur, Ramban, Kishtwar, Riasi, Ramnagar, Basholi
and Samba tehsils of Jammu province and Kargil tehsil of Ladakh.55 In 1917
A. M. Stow succeeded Talbot. In 1920-21 the price of food grains increased
to a great extent owing to the First World War and caused a severe scarcity of
food grains in Kashmir. The price rose to Rs. 1 8 per Kharwar and it is recorded
that some times even Rs. 24 were paid for one Kharwar of rice.56 As result
the people of Kashmir suffered a lot. In order to tackle the situation Stow
made the following recommendations.57
I. The fixed maximum rate should be abandoned.

II. The revenue should be assessed and collected in cash.

III. Trade should be encouraged and all restrictions should be abolished.

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 596 IHC: Proceedings , 72nd Session, 2011
IV. The wages of all the employees should be enhanced.
V. The land revenue should be raised by four annas per rupee to the meet
the extra expenditure.
VI. Charitable relief to the poor be given either gratuitously or in return
for work.

To implement this policy the Srinagar Co-operative Store was created

with the object of acquisition and distribution of grains. It received assistance
of the State Co-operative Stores in the acquisition of grain. The collection of
revenue in kind was reverted to. However, the collection of grain through
Cooperative Stores was not successful and in 1921, a 'Board of Control' was
established with Raja Hari Singh as its President. The revenue minister was a
member.58

After Talbot the. State obtained the service of another Englishman,

Towsend.59 Though he studied the problems of Jammu province, he also took
into account the rise of prices in Kashmir due to the war. In this regard he
suggested the following measures to overcome the aforementioned problem.60
I. The immediate reduction of high prices.
II. All people should be allowed to sell rice at any rate they liked without
license.

III. The export of rice from the valley to Punjab or any part should be
prohibited.
IV. Only the poor should be given rice at concessional prices.
V. The wages of employees should be increased.
VI. The Department of Agriculture should be improved and it should devote
special attention to the improvement of rice crop to enhance the produce
per acre.

The state in response to these recommendations took the following measures:

I. Lifted the control over prices.
II. No mujawaza would be taken from 1919.
III. The system of helping the poor especially the city populace should
continue.

In spite of these measures the situation remained grim in Kashmir. In

1919-20, the government constituted the Agricultural Development Board
for effecting further improvements in the agricultural produce of the land.61
In 1920 the begar system was abolished in all forms which gave some solace
to the cultivators who were often carrying loads to the distant areas through
steep mountains or worked for the officials when they were supposed to be in
the fields.

In 1921, full powers were restored to Maharaja Pratap Singh on a secret

undertaking that he would consult the Resident of Kashmir on matters
pertaining to frontier and other important administrative changes.62 In 1923,
the Maharaja issued the Land Revenue Regulations.63 The tenants were now

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 Modem India 597

divided into four categories:

1. Those who gained possession of land b
2. Between 1880 and 1894.

3. Between 1894 and 1906.

4. After 1906.

Tenants who were not occupancy tenants were declared as protected

tenants under these Regulations. No tenant could be ejected from the lan
except if he rendered the land unfit for cultivation or failed to pay the arrear
of rent in spite of a decree passed for such payment or had sublet the land
if the landlord required the land for his personal cultivation. The landlor
were restrained from ejecting the tenants on the plea of taking the land f
personal cultivation. Only those landlords whose holdings did not exceed
four acres Abi (irrigated) or six acres of Khushki (dry) land could take tw
acres of Abi and six acres of Khushki including the land which they held i
personal cultivation by ejecting the tenants. It was laid down that the reven
may be assessed in cash or in kind or partly in cash or partly in kind as h
Highness the Maharaja Sahib Bhadur in Council may direct. A general re-
assessment of land revenue of district or tehsil or a portion thereof shall n
be undertaken without the prior sanction of the Maharaja in council and
notification of that sanction.64 When a cultivated holding would* exceed o
hundred kanals , the rates of rent were fixed as:65

A. For paddy:-
'

I. In case of rent in kind, it was fixed one-fourth of the produce.

II. In case of money rent, it was fixed one-third of the value of such produce.
B. For Khushki Lands:-

I. In case of rent in kind, it was fixed one-third of the produce.

II. In case of money rent, it was fixed one-third of the value of such produce.
Maharaja Pratap Singh passed another regulation for the protection of
cultivators. According to this law, the holders of Nautor Najaiz at that time
were declared tenants-at-will and the arrears were ordered to be collected
immediately. Nautor Naijaz holders in jagirs or patta villages were also
declared as assamis .66 These measures of Pratap Singh benefited the
cultivators. During the reign of Hari Singh the tenants on account of these
measures began to lay claim to their lands on a legal basis.
During the Raj Tilak ceremony Hari Singh declared, 'Justice is my
religion'. Soon after ascending the throne in 1925, he had disputes with British
and so wanted to win over the masses by doing something for their betterment.
After visiting the European western countries he came back impressed by the
development of their economies both agrarian and non-agrarian. He started
the programme of reforming (which is generally known as 'Hari Singh's boon' )
the various sectors like education, health and agriculture.
So far as the agrarian sector is concerned, all the waste land in the vicinity
of villages which till now not entered as khalisa were declared as Shamalat

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598 IHC : Proceedings, 72nd Session, 2011
Deh. All villagers were given rights to use these lands for various purposes.
Moreover, in certain villages where the land holder died without any heir, his
land was also declared Shamalat Deh.67

In 1925, the Maharaja enacted the Agriculturist Relief Act to protect the
agriculturalists from extortion by money-lenders who charged high rates of
interest. According to this act a debtor could bring his creditor to the court of
law for the settlement of accounts. The Court could disallow the excess interest
on debt. It also laid down that the total interest should not exceed 50% of the
capital. The court could also fix the re-payment in instalments according to
the paying capacity of the debtor. All these measures freed the peasant and
other debtors from the tyrannies of Suhakars (Moneylenders)/'8 As a result
ailans were issued declaring agricultural holdings, livestock, agricultural
implements, seeds etc as non-attachable for redemption of decrees by courts.69
In 1930, the peasants began to protest against the abuses involved in
paying land revenue to Jagirdar in kind. The government appointed a J agir
committee to address the issue. However, its members were all Jagirdars.
The committee was to define the right of tenants in a J agir and the privileges
and obligations of Jagirdars. Firstly, J agir s and Maufis were classified. As
stated earlier persons enjoying jagirs of Rs 3000 or more per annum were
called jagirdars and those enjoying below Rs. 3000 per annum were called
Pattadars. Both were held to be mere assignees of land and had no proprietary
rights. They used to collect the rent in kind.70 The committee recommended
collection of revenues in cash and the grant of new Jagir as compensation for
the loss if they incurred any loss due to this.71 The recommendation was
accepted by the government. This change in the agrarian system led to many
abuses rather than alleviating the condition of peasants. It led the to creation
of more Jagir , since the Jagirdars more frequently showed the loss of revenue.
In 1932, Sheikh Mohammad Abdullah assumed the leadership of the
freedom struggle which had its genesis in the All Jammu and Muslim
conference formed in the same year. 72 Besides, other things they also
demanded the restoration of occupancy right of cultivators. In the Presidential
addresses at the session of Muslim Conference held in 1932, Sheikh
Mohammad Abdullah vehemently demanded the restoration of permanent
proprietary rights to the peasantry. Even, the Resident submitted a note to the
maharaja which besides other things suggested the appointment of as English
officer in Kashmir to look after Muslim enterests. As a result the maharaja
was compelled to set up a 'Commission of Enquiry' to enquire into the
grievances and complaints of people and suggest recommendation. On 12
November 1931 the government appointed a commission popularly known
as Glancy commission. It was a commission of four members headed by B. J.
Glancy,73 an English political officer from British India. The commission
besides other things, recommended; 74
I. Restoration of proprietary rights to the people as well as the right to
transfer and mortgage in respect to all lands of which the ownership is
retained by the state and right of occupancy is enjoyed by private
persons.

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 Modem India 599

II. The malikana payable to the state

III. It also recommended the Kar-'x-Sark
for the state) should be strictly enfor
at proper rates for all services render
IV. Strenuous efforts should be made
exactions.

V. Nautor arrears (revenues outstanding on account of land newly brought

under cultivation) should be abolished.
This measure is a landmark in the agrarian history of Kashmir, since it
relieved the cultivator of the bondage imposed by the state and landlords. In
1933, the milkiyat rights (proprietary rights) including the right of sale and
mortgage were conferred to such occupants of land who enjoyed the assami
right prior to the enforcement of Lawrence's settlement and also abolished
Hak-i-Malikan (Troprietary dues,) and other levies including Nazrana to the
Maharaja.75 It was for the first time during the Dogra regime that the peasant
( zamindar ) was declared the owner of land with full rights. However, these
rights were not restored in respect of all types of lands. The Jagirdars ' lands
were largely excepted.
In 1933, in order to check the transfer of land to non-agricultural class
who had no knowledge of cultivation, through sale and a mortgage the
Alienation and Right of Prior Purchase Act was enacted. This act restrained
the land owner from alienating the land beyond one-fourth of his holding for
the first ten years. 76In 1933, another act called Agriculturists and Improvement
Act was passed and it received the assent of the Maharaja on 14th May, 1936. 77
It provided much relief to the peasantry. The act laid downthe rule that loans
should be granted to peasants for the improvement of land and for the
advancement of any other purpose directly related to agricultural objects and
pursuits. These should be repaid in convenient installments.78
However, the leaders of Kashmir freedom struggle were not satisfied
with these measures, they wanted an autonomous peasantry with full rights
in all lands. In 1933, Sheikh Mohammad Abdullah in his presidential address
to the All Jammu and Kashmir Muslim Conference session, demanded the
restoration of permanent proprietary rights to the peasantry on all types of
lands -Jagir, Khalisa, Chak, Shamilat and Kacharia* Likewise, Chaudhari
Guhlam Abbas, in his presidential address to the session of All Jampiu and
Kashmir Muslim Conference in 1935 stressed the need for restoring full
ownership rights in all lands, upgrading the assam-i-war list and condoning
their debt. The grant of right in respect of all kinds of land also remained on
the agenda of P. N. Bazaz who raised his voice against the excesses of Jagidars'
exactions from the peasants.
In 1937, Forest Enquiry committee was set up to inquire into the
grievances of zamindars in relation to the Forest Department. As result many
recommendations proposed by the committee were accepted by the
government and orders were implemented in this regard. 79
After the conversion of All Jammu and Kashmir Muslim Conference into
National Conference in 1938, it framed a comprehensive and broad plan for

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600 IHC: Proceedings, 72nd Session , 2011
socio-economic and political reconstruction of Jammu and Kashmir, which
is known as Naya Kashmir or New Kashmir Manifesto. Article 50 of the
manifesto is exclusively devoted to peasants being also called 'Peasant
charter'. It envisages the end of landlordism, all feudal dues and of levies
which included Begar in any form, transfer of land to the cultivators,
abolishing debt, providing for agricultural credit and relief to withstand
calamities and avail of facilities in terms of irrigation, fertilizers, agriculture
tools, planting of crops, health care, sanitation etc.80 The most interesting
feature of the charter was providing 'Land to the tiller' as a prerequisite for
pulling them out of constant penury and destitution. Thus, 'he who tills the
land shall reap its produce' was the programme announced by the National
Conference as the basis of its state policy in a future constitution of the state
in 'New Kashmir.' This pro-peasant programme of welfare measure could see
its implementation only after the end of Dogra rule under Sheikh Mohammad
Abdullah's regime in the form of the abolition of big landed estates in 1948
through the enactment of Big Land Estates Act and Land reforms of 1953
which are a great contribution and gift of the Sheikh Abdullah's regime to the
people of Kashmir.
Thus, no doubt, the period under review saw tremendous changes so far
as the agrarian system and reforms are concerned. Despite the land settlement
supervised by land experts from British India, being brought into effect and
certain devices adopted to improve the administration of state these steps
hardly benefitted the peasant or alleviated his condition. The landlords
continued to form the upper stratum of the agrarian and social structure with
many privileges in rural Kashmir which changed only after 1948.

NOTESAND REFERENCES

I. Ganganath Report , 1944, Jammu and Kashmir State Archives, Srinagar Repository.
2. Soon after the transfer of Kashmir to Gulab Singh, the British pressed him to imp
conditions of people and suggested the appointment of British resident in his dom
However, this was declined by Maharaja and instead allowed Mirza Saif-ud-Din, a K
to represent the English in his court. In 1847, Lt. R. C. Taylor was sent to Kashmir t
the problems of people in Kashmir and he submitted many suggestions to Gulab Si
improve the condition of people. In 1849-50, H. M. Lawrence, British resident at
came to Kashmir and he assailed the Maharaja for disregarding the assurances given t
and exhorted him to work for economic betterment of people. In 1852, the British agai
the issue of appointment of resident for watching the flaws of administration in K
During the Ranbir Singh's time, the British again and again accused the mahar
maladministration. As result in 1 872, the 'Official on Special Duty1 was appointed in Ka
In his speech at Maharaja Pratap Singh's Dastarbandi (Coronation) in September 1885
St. John, the 'Officer on Special Duty' in Kashmir stated, "the state of Jammu and
has fallen behind majority states of India in progress necessary for the welfare of peop
result in 1889, the Maharaja was deposed and his powers were transferred to state
headed by Amar Singh and Lawrence was appointed as settlement officer in Kashmi
in 1931, after the incident of central jail, the British resident suggested to the Maha
appointment of an English officer in Kashmir to look after Muslim interests.

3. Mirza Mohammad Afzal Beg, On The Way to Golden Harvest-Agricultural Reforms in

Ranbir Government Press, Jammu, 1951, pp.8-9. See also L. Hangloo, Agrarian Syst
Kashmir , Commonwealth Publication, New Delhi, 1995, p. 84
4. Mirza Mohammad Afzal Beg, op. cit., pp. 15-16.

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 Modem India 60 1
5. Ibid.

6. A. Wingate, Preliminary Report of Settlement Operations in Jammu and Kashmi

and Kashmir State Archives, Janimu Repository, pp. 27-28. See also W.R
Valley of Kashmir, Gulshan Book, Srinagar, 2005( edition), p. 403.
7. Mirza Kamal-ud-Din, Khalasat-u-Tawarikh (UrduTranslation of Mirza Saif-ud-Din's
Akhabarats), Gulshan Books, Srinagar. 1974, pp. 156-57
8. The division of land in the three categories was to fix the revenue, keeping in view the
availability of irrigation facilities, climatic condition and soil fertility The lands which were
continuously cultivated near the city were called sarkasht, those which were cultivated by
peasants living in other villages were known as paikasht, and lands which were brought under
cultivation recently were known as Navabadee land. After taking over Kashmir, Gulab Singh
encouraged the people to take up the cultivation of barren and fallow land by levying on it
only a nominal share as revenue.
9. Mirza Saif-ud-Din, Akhabarat, Vol. I, f. 45, Government Research Library, Srinagar.
10. Ibid.

11. Mirza Kamal-ud-Din, op. cit., pp. 156-57.

12. A. Wingate, op. cit., p. 19.
1 3. Parveen Akhtar, Life and Conditions of the People of Kashmir ( 1 846- 1 885), unpublished
submitted to the Department of History, University of Kashmir, p. 426
14. A. Wingate, op.cit, 19.
15. R. L. Hangloo, op.cit., p. 51.
16. W.R. Lawrence, op. cit., p.402.
17. Ibid.

18. D. N. Dhar, Kashmir-Land and its Management from Ancient to Modern Times , Kanis
Publishers, New Delhi, 2004, p. 92.
19. Diwan Kripa Ram, Majmaui Report (Persian) for the year 1872-73, Government Resea
Library, Srinagar, p. 18 See also A. Wingate, op. cit., p. 21.
20. These wazarats include Sher-i-Khas, Anantnag, Shopian, Pattan, Kamraj and Muzafara
Each Wazarat consisted of several tehsils and each tehsil consisted of many villages. See.
K. Ram, Majmui Report, p 16.
2 1 . Wingate, op.cit. p . 1 9

22. Ibid. See also Lawrence, op.cit. p. 403.

23. D. K. Ram, Majmui Report , p. 21.
24. Ibid, See also Wingate, op.cit. 19.
25. Trakh and Kharwar were the units of weight and measurement. Five seers constitute one
trakh and fifteen trakhs constitute one Kharwar.

26. Ibid.

27. This was the second famine during Ranbir Singh's reign, the most devastating one that Kash
ever experienced, the previous one havin¿ occurred in 1 864. At this time whole India was a
in grip of famine. However, the famine of Kashmir was unique, as the famine of India
caused due to the scarcity of rain while in Kashmir; it was due to the excessive rain. Rai
continued three months without any break, having started in October which coincides
the commencement of harvesting season in Kashmir. The whole crop perished in the f
Many people died and many migrated to plains of Punjab. Jarnail Singh Dev, Natural Calam
in Jammu and Kashmir , Ariana Publishing House, New Delhi, p 52. See also Wingate,
28. Lawrence, op.cit, p.403.
29. Imperial Gazetteer of India, vol. xv, Njew Delhi, 1908, See also Lawrence, op.cit., p.4
30. E. F. Neve, Beyond Pir Ai/tya/, Gulshan Books, Srinagar, 2003(Edition) p. 54.
31. Wingate, op. cit.,p.20.

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602 IHC : Proceedings , 72nd Session, 2011
32. Wingate, op. cit., p.3.
33. Wingate, op. cit. p. 34 to 38.
34. "When I first came to Kashmir in 1889, 1 found the people sullen, desperate and suspicious.
They had been taught by many years that they serfs without any right but with many disabilities.
They were called zulum parast( worshipers of tyranny) and every facility was offered to this
cult. The system of administration had degraded the people and taken all hearts out of the
people

sun shone." (Larewnce, op.cit., pp.2-3).

35. Lawrence, op.cit., pp. 424-25.
36. Lawrence, op. cit., p. 426.
37. Lawrence, op. cit., p.433.
38. Lawrence, op. cit., pp. 437-438.
39. Lawrence, op. cit., p. 427.
40. Ibid.

41. Lawrence, op. cit., p.451.

42. Lawrence, op. cit., pp. 445-46
43. Lawrence, op. cit., p.434.
44. "Women no longer are seen toiling in the fields for their husbands are now home
work and the Gilgit are the past thing. Now all eat rice and enjoy salt and luxury o
new brass cooking pot is by no means rare." Lawrence, pp. 2, 3 & 4. See also F
Youngusband, Kashmir, Gulshan Publishers, Srinagar, 1996(Ed.), p. 192.
45. Lawrence, op. cit., pp. 3-4.
46. It is a Kashmiri saying related to the conditions of peasants which means, "we are a
food and the revenue or tax collector is after us".

47. E.F. Knight, Where the Three Empires Meet, Longmans Green and Co, London. 1893, p. 79.
48. Chetralekha Zutshi, British Intervention in a Princely State: The case study of Jammu and
Kashmir in the Late Nineteenth century and Early Twentieth Countries. Presented at the
Eighteenth Conference on Modern South Asian Studies Penal; History of the Indian Princely
State, p. 8.
49. Ibid.

50. D.N. Dhar, op.cit. p. 136.

51. D. A. Nath, Report on the Administration of Jammu and Kashmir , 1905-06,
52. D.N. Dhar, op.cit. p. 136.
53. M. L. Kapoor, Social and Economic History of Jammu and Kashmir , p. 235.
54. G.M.D. Sufi, Kashir-Zte/flg a History of Kashmir from Earliest Times to Our Own , Vol.
Light and Life Publishers, New Delhi, 1974, p.814.
55. Justice H. Imtiyaz Hussain, Land Laws in Jammu and Kashmir (Revenue Manual), Vol.
Srinagar Law Journal Publication, Srinagar, 2007, p. 58.
56. State Granaries Srinagar, Note on Grain Control in Kashmir for the Information of the
Indian State Committee, 1928, Jammu and Kashmir State Archives, Srinagar, p.l.
57. J.L.K. Jalali, Economics of Food Grains in Kashmir , Mercantile Press, Lahore, 1931, p
107.

58. State Granaries Srinagar, Note on Grain Control in Kashmir for the Information of the
Indian State Committee, 1928, Jammu and Kashmir State Archives, Srinagar, p.2.
59. J.L.K. Jalali, op. cit., p. 108.
60. J.L.K. Jalali, op. cit., pp. 108-09.
61. M.L. Kapoor, op.cit., p. 236.
62. P. N. K. Bamzai. A History of Kashmir-Political, Social, Cultural From the Earliest T
of to the Present , Metropolitan Book Co. Ptv. Ltd., New Delhi, 1973, p. 686.

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 Modem India 603

63. Dhar, op. cit., pp. 145-46.

64. Land Revenue Regulation 1923 (Regulation 1), J
Srinagar, p. 1 8.

65. Land Revenue Regulation- 1923. See also Dhar,

66. D. N. Dhar, Kashmir-The Land and Its Manageme
2004, Kanishka Publishers, New Delhi, 2004, p. 14
67. D.N. Dha, op. cit., p. 147
68. Modern Jammu and Kashmir State 1925-142, Ac
Reports, Jammu and Kashmir Archives, Srinagar,
69. Ibd.

70. Mirza Mohammad Afzal Beg, op. cit., pp. 8-9.

71. D. N. Dhar, op. cit., p. 231
72. Muhammad Yousuf Ganai, Emergence and Role of Muslim Conference in Kashmir (J 9
1939), An Unpublished Dissertation submitted to the Department of History, Universit
Kashmir, p. 1.
73. The other members of the Commission were R N. Bazaz, G. A. Ashai and Chaudhuri
Ghulam Abas.

74. Glancy Commission Report- 1932, Jammu and Kashmir State Government Archives,
Srinagar Repository, p. 52.

75. Ganganath Report , 1944, p. 7.

76. Justice H. Imtiyaz Hussain, op.cit, p.64.
77. D. N. Dha, op. cit., p. 164.
78. Ganganath Report , 1944, p. 69.
79. Ganganath Report, 1944, p. 69.
80. Afzel Beg, op.cit., p. 1 1 .

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