The economy of Bangladesh is dependent on agriculture. Most of the people of the country are directly or indirectly related to agriculture. But the uneven distribution of agricultural land, the complexity in land management, and the disenfranchisement of tenant farmers are some of the major problems. The Land Reform Act was enacted in 2023, which is considered a landmark step in the country's land system. The act promises to ensure fair distribution of land, stop benami (unnamed) transactions, and protect the rights of tenant farmers. Now is the time to discuss the impact, progress, and challenges of this act.
The act of 2023 sets a maximum limit on land ownership. According to section 4, an individual or family can own a maximum of 60 bighas of agricultural land. In the history of the country, this kind of initiative is an important step in preventing centralization of land. One of the goals of this law is to create opportunities for small farmers to use land and bring fairness in land management. Besides, as per section 5, initiatives are taken to stop illegal land transactions and ensure transparency by prohibiting benami transactions.
Ecosystem protection and khas land settlement play a very important role in the land system in Bangladesh. According to 6, the owner of land cannot be evicted from his habitation without the order of a competent court. However, this clause shall not apply if the acquisition of habitat is required under any other law. Besides, under section 7, khas land, if found in rural areas, is earmarked for distribution among landless freedom fighters, landless farmers, and laborers. However, no person shall be allotted more than 5 percent of the land, and this land shall not be transferable even if it is inherited.
An important aspect of land management in Bangladesh is the provision of tenure and land use. According to section 13, if a landowner wants to sell his barga land, he must first offer it in writing to the bargadar.If the bargadar agrees to his proposal, they will negotiate the price and terms of purchase of the land. However, if the landlord does not purchase the land, they can sell it to someone else, but the sale price will not be less than the price offered by the landlord.
Besides, according to section 14, no bargadar can cultivate more than 15 bighas of land, which limits their agricultural activities. Section 15 contains the prohibition on cultivation, which states that no person can cultivate the land of another unless he works under a square contract or this rule; the government can then produce the land.
For settlement of various land disputes, section 16 mentions a designated authority who will settle the disputes arising between the tenant and the owner of the land. Disputes may be over the division of crops produced, the termination of square contracts, or the location of threshing and threshing floors. In this case, the designated authority shall settle the dispute within three months. There is also a right of appeal against any decision of the appellate authority, which shall be final and shall not be questioned in any court.
This act plays an important role in ensuring equitable distribution and protection of rights of tenants in land management. Section 19 provides that it shall be an offense if any person contravenes any provision of this act or any order made by any authority under this act. In such a case, the offender shall be punished with a fine not exceeding 1 month or with both.
Several positive developments have been seen in the implementation of the law. According to official data, most of the land in the country has been brought under redistribution. This initiative has increased the land use opportunities of small farmers. Besides, significant progress has been made in the digitization of land records. Currently, 70 percent of the country's land records are stored online. It has brought transparency to the land system, but some disputes are arising due to data errors.
Although the law has benefited tenant farmers, it is not yet universal. In some areas, tenant farmers are getting a fair share of produce. However, many poor farmers in remote areas of the country are still being exploited. More awareness and effective administrative action are needed to protect their rights.
Various challenges have also been evident in the implementation of the act. Administrative weaknesses, such as lack of adequate manpower and financial resources, are major obstacles to effective implementation of the law. Moreover, obstacles from influential quarters at the local level and lack of awareness among the people are hindering the realization of the benefits of this law. Many farmers are not aware of their rights and legal benefits.
If the Land Reform Act, 2023, is properly implemented, it is possible to ensure fairness in the land system of Bangladesh. The productivity of the country's agricultural sector can be increased by ensuring land ownership and fair rights for small farmers and tenant farmers. Moreover, by stopping illegal land transactions, transparency and stability can be brought to the land system.
However, achieving these requires administrative capacity building, speeding up digitization of land records, and increasing public awareness. The government should increase strict vigilance at the local level and take strong steps to counter obstruction from influential quarters. Moreover, more awareness raising and training needs to be done for tenant farmers.
The Land Reforms Act, 2023, is a landmark initiative. Some important experiences have been gained from the implementation of this act in one year. The government should use these experiences to increase the effectiveness of the law. This law will be a milestone for the long-term development of the land system if it is properly implemented. If the benefits of the law reach the farmers and tenants, it will be able to bring about a lasting change for the agriculture and economy of Bangladesh.
The writer is a student, Department of Law and Justice at Jatiya Kabi Kazi Nazrul Islam University