Date: 25/04/2023

Relevance: GS-3: Land reforms in India: Science and Technology- developments and their applications and effects in everyday life.

Key Phrases: Digital India, DILRMP, Bhu-Aadhaar, Colonial Era Law, Registration Act, 1908, Electronic Records, Electronic Signatures, Biometric Authentication, Constitution.

Context:

• Enabling remote online registration of documents would contribute significantly towards achieving the key objectives of Digital India.

Key Highlights

• India has taken proactive measures in recent years to modernize its land records through the Digital India Land Records Modernisation Programme (DILRMP), which aims to establish an integrated land management system.
• One of the initiatives under this programme is the Bhu-Aadhaar or Unique Land Parcel Identification Number (ULPIN) project, which assigns a 14-digit alpha-numeric identifier to land parcels based on their geo-coordinates.
  • It has the potential to bring transparency in land dealings and mitigate huge pendency of court cases involving land disputes.
• However, despite these efforts, the government has yet to address the outdated process of document registration that is still governed by a colonial-era law enacted in 1908.

Challenges of Current Registration Process

• In India, most property documents must compulsorily be registered under the Registration Act, 1908.
  • Despite being a crucial formality for legal documentation, the registration process in India still relies on the outdated physical mode of registration.
• The registration process requires parties to a transaction to appear physically at the sub-registrar’s office, submit physical copies of documents, use physical fingerprints and photographs, and obtain physical registration certificates.
• Consequently, registering documents at the sub-registrar’s office is a time-consuming process, where it often takes two days or more to just appear and submit the documents. Often it requires parties to travel long distances to reach the nearest registration office.

The Need for Modernization

• To fully leverage technological advancements and promote ease of doing business and living, India must modernize its registration process.
  • While many commercial and real-estate documents can be executed electronically, the current physical registration process is outdated and slow.
• Some state governments have made efforts to introduce electronic registration by amending specific provisions of the Registration Act, but there is no consistent approach nationwide.
• Additionally, even in cases where electronic registration is permitted, parties may still be required to appear in person with the required documents.

Necessary Changes in the Registration Act for Digital Transformation

• To establish uniform online registration practices across the country, it is crucial to amend the Registration Act.
  • This should include provisions for online submission of documents, remote appearance of parties and witnesses, and electronic verification of parties through biometric authentication modes and live photo captures.
• Additionally, there should be online exchanges of queries/comments between parties and registrars, and registrars should be allowed to issue electronic registration certificates while maintaining a digital backup of such records.

Ensuring Uniformity

• Since registration is a subject on which the Constitution also empowers state governments to make state-specific amendments, the central Act must establish minimum standards for remote online registration to ensure that registration throughout India is undertaken safely and securely.
• To achieve this, a new provision should be introduced that establishes standards for identity authentication techniques, security and storage, and a format for electronic records.
• Establishing this basic framework will also aid in standardizing data and processes across registration offices, thereby facilitating the creation of a unified land registry for the country.

Implementation of Digital Transformation

• Given the digital divide in India, it is important for the government to develop a transition plan for implementing reforms that move towards online registration while taking into account the level of digitization in each state.
• This plan should include a specified deadline for state governments to ensure that registration offices have sufficient infrastructure to support remote online registration. Until then, physical registration facilities should remain available.

Benefits of Digital Transformation

• The registration of documents is a fundamental legal requirement. The modernization of this process will be a significant stride towards the paperless, presence-less services envisioned by Digital India.
• This reform will enhance the efficiency and accessibility of registration, while also reducing the time and costs associated with the process. Streamlining the land ownership process will minimize land disputes.
• The digitization of land records will result in better land use management, allowing for improved identification of land available for development and monitoring to safeguard the ecological stability of the land.

Conclusion

• To modernize land records management in India, the digital transformation of the land registration process is crucial.
  • A robust, efficient, and modernized land registration system is needed to ensure transparency, secure land rights, and facilitate investment in the real-estate market.
• The necessary amendments to the Registration Act should include provisions for online registration, remote verification and certification, and a uniform framework for electronic records, as well as standardization of data and processes.
• This shift from physical to online registration will offer numerous benefits to the people of India and help realize the vision of Digital India.

Source: Live-Mint

Mains Question:

Q. “What are the advantages of digitizing the land registration process in India and what steps need to be taken to ensure a robust and efficient system for secure land rights and investment in the real-estate market?". (150 words).