Bangladesh's judiciary is constantly facing a daunting challenge because of the multiplicity of proceedings related to land. According to the statistics of Ministry of Land, more than 4 million land cases are still pending across the country. Land disputes such as disputes over inheritance to fraudulent sales are paralyzing courts, draining state resources and depriving citizens of timely justice.
According to a Supreme Court report released this year, as of December 31, 2024, there were an astounding 45,16,603 cases pending in the Appellate Division, the High Court, and lower courts nationwide, compared to 17,89,914 cases back in 2008.The government has said that separating civil and criminal proceedings will reduce the backlog of cases significantly in the judiciary.
Senior Secretary of the Ministry ASM Sayeed Ahmed recently said that the dispute is increasing due to the lack of proper knowledge of the people about land law and almost every family is suffering from this problem. They have to go through the lengthy judicial process when seeking remedy in land related disputes. In most cases, these disputes drag on for decades and the aggrieved people do not get proper justice.
Bangladesh's land administration system is notoriously complex. Old laws of the colonial era, multiple authorities and handwritten records create confusion. Disputes arise from inheritance, forged documents, wrong survey and illegal occupation. The crisis is not limited to the courts. Rapid urbanization, industrial expansion, and natural disasters are changing land use patterns.
Agricultural land, forest land and wetlands are rapidly decreasing, the conflict for scarce resources is increasing. Land-grabbing and infiltration have become commonplace, often aided by power struggles and corruption, and leading to violence at the local level. There is no way to identify the inheritor of land appropriately in the current land administration system of Bangladesh. There is also the issue of stacks of documents and record of rights which further contribute into adding more burden in the judicial system.
To tackle these challenges, several laws have been enacted by the government through the years, such as the Land Crime Prevention and Remedy Act, 2023 to target fraud and illegal occupation, Acquisition and Requisition of Immovable Property Act, 2017 for ensuring fair compensation, State Acquisition and Tenancy (Amendment) Act, 2023 for proposing district-level tribunals to ease the burden on higher courts, Draft Land Zoning and Protection Act, 2024, to prevent unlawful reclassification of land and some Amendments to the Registration Act, 1908 to tighten the safeguards against fraudulent transfers.
"Bangladesh's land administration system is notoriously complex. Old
laws of the colonial era, multiple authorities and handwritten records
create confusion. Disputes arise from inheritance, forged documents,
wrong survey and illegal occupation. The crisis is not limited to the
courts. Rapid urbanization, industrial expansion, and natural disasters
are changing land use patterns. Agricultural land, forest land and
wetlands are rapidly decreasing, the conflict for scarce resources is
increasing. Land-grabbing and infiltration have become commonplace,
often aided by power struggles and corruption, and leading to violence
at the local level.”
The government has recently proposed that assistant and joint district judges will temporarily act as land tribunal judges, while district judges will be the appellate authority until a permanent tribunal is formed. Its goal is to reduce the backlog and bring justice closer to the people.
Despite these enacted laws and reforms, handwritten record-keeping, corruption and lack of coordination between land offices are making the reforms ineffective. Despite the launch of the digital land management pilot project, most offices still use century-old documents that have been damaged or lost. Reportedly, 50% of the cost of the case is spent on bribes, and it will take decades to settle the backlog in the current capacity. Village courts, which could affordably settle small disputes, had limited jurisdiction and coercive powers.
Experts and officials have recommended a number of measures like creating a central database by digitizing all land records, appointment of adequate judges and staff in the tribunals, mandatory mediation before civil land litigation. The effectiveness of these recommendations largely depends on proper implementation and success rate in dealing with the backlog of land related disputes that are already overwhelming the system.
The land crisis in Bangladesh is a legal and social emergency. As four out of five cases are land-related, the judiciary cannot deliver justice without reforms. Effective, transparent and efficient land dispute resolution is not just about reducing the burden of litigation, it is a question of protecting livelihoods, preserving property rights and establishing the rule of law.
Unless bold steps are taken now, including legal reforms, digitization and accountability, the court crisis will choke Bangladesh's development and deprive millions of people of access to fair justice.
The writer is a student, Bangladesh University of Professionals (BUP)
