Human Rights advocacy
Women's access to land in Bangladesh
Shimonti Ahmed
LAND is the most beautiful thing in this world"---why? "so that you can walk over it, idiot". Right to property is essentially related with the concept of land. The issue of land rights is a complex one. It is the common fact in Bangladesh that millions of farmers don't have any secure right to land. Lack of secure land rights hinders the over all production process of the country. The landless farmers do not pay attention to their farming method, they care a little whether it is sustainable or not. The land less farmers i.e. those who are merely participating in the production process and not the owner of land knows that they will not be able to pass the land to their children and for that working to protect the land for future generations makes little sense for them. These are admitted fact and the Government, NGOS'; International organizations are working to mitigate the problem. Many reform processes are taken in this regard. But in this entire process the fact, which remains unsettled, is the access of the women to land. The participation of woman in the production of food is a common fact.
A study of FAO (Food and Agriculture Organization) shows that women produce about half of the world's food but they own only about two percent of all land. The situation is even worse in Bangladesh. In Bangladesh women are working in land, they are contributing in the process of food security but without any appreciation. Their labour in land is not recognized. Their participation in national economy is not at all admitted as if they are working in disguise. In order to secure the real empowerment of women, women must be given greater land rights. The real development of the country would be a far cry leaving this issue behind. This write up attempts to analyse the reasons of non-access to land by women in Bangladesh, its legal consequences.
Land plays an important factor in the formation of social and cultural identity. It is the main source of power defining in society. The term land includes agricultural land, forest land, pasture land, water bodies etc. Generally land rights means property rights and land registration is one of the mechanism for regulating land rights. Land can be obtained by ownership or tenure based arrangements or other forms of legal arrangements. Access to land denotes the ability to owe and to use land and other natural resources. Women in Bangladesh play a vital role in ensuring food security. But women have low access to land. It is due to social norms, intra family arrangements and inheritance laws. More over access of women to land through ownership differs from religion to religion. In short it can be said that traditions and laws creates sometimes barrier for women to own property. There are a number of factors, which puts women in a disadvantageous situation to access land.
In our social structure for owning and enjoying land, connections with higher-ups in political and administrative sphere, organization in local groups etc are required. All of these factors are monopolized by men in Bangladesh. So it is contended that the reasons for low access of women to land is rooted in the culture and structure of society. In Bangladesh women are recognized for their reproductive role and cannot easily participate in public life. Lack of mobility, especially in rural areas forces women to depend on male for any entrepreneurial activities. Women are working in land, giving labour for better production but do not retain control over their crops as well as in land. Despite the growing role in agriculture, women fail to have flexible direct access to land.
In Bangladesh the Constitution affirms gender equality, but state legislation and institutions frequently disregard women's rights. The important land laws of Bangladesh comprise State Acquisition and Tenancy Act, Non-agricultural Tenancy Act, Land Reform Ordinance etc. One of the purposes of distributing Khas land is to ensure the empowerment of women.
There are certain rules regarding how landless people can apply for Khas land. One of the rules require that with every application of having khas land three copies of the dual photos of the head of the family husband and wife should be submitted. Impliedly the provision says that a single woman or a widow cannot apply for khas land. In this connection we may take into consideration the Circular published by the Land Ministry of the Peoples Republic of Bangladesh being Sharok no-BHU:/MA:/SA-8/KHA JA BA/46/84/260 dated on 16 April, 1997. The Circular embodies the principles of distribution and settlement of agricultural land. In that Circular it is mentioned that agricultural Khas land will be provided jointly in the name of husband and wife. Further it is said that while preparing the priority list of landless family a widow with an adult son will be given importance. All these provisions make it complicated for widows to apply for Khas land. Inheritance is one of the common ways of acquiring land or access to land.
In Muslim societies inheritance rules are derived from religious sources for the division of individual's property upon death. There has been little legislative interference with the compulsory inheritance rules and females enjoy only half than male from the estate of a parent. Under the prevailing Hindu law of Bangladesh women do not have any inheritance right in the property of parent. Land administration and management system is a complicated one in our country. It is mainly because of difficult, confusing, time consuming legal procedures, delay in the registration of land etc. All these factors are restricting women access to land.
In many rural areas of Bangladesh agriculture is feminised because of globalisation, which has encouraged young male persons to go out of the village and leave their ancient profession. But their land are not left, it is cultivated by the female family members. Despite farming load is increasing on women day by day, they do not have adequate access to land. The role of women to achieve food security, poverty reduction is noteworthy. Still the fact remains that for non-access to land and for lack of ownership women are not financially independent. It is because of this reason women's status and bargaining power within the household and society is not up to the expectation.
The establishment of good governance is needed to reform land rights and distribution of land to women. When women have access and secure rights to land, they will be able to improve the lives of their families and themselves. As a whole it will strengthen the development process of the country.
The writer is a legal researcher.
