BANGLADESH, a nation intricately woven into the very fabric of its abundant rivers, is silently grappling with a crisis that demands urgent and decisive action: its woefully outdated land laws. While the current interim government is commendably embarking on a series of reforms, the critical issue of land administration, particularly concerning the constant ebb and flow of alluvion and diluvion, remains a stubbornly tangled knot. With an alarming 77 per cent of all pending lawsuits in the country stemming from land disputes, it is beyond doubt that the present legal framework is simply no longer fit for purpose.
The inescapable geographical reality of Bangladesh, perched precariously on the dynamically shifting Bengal Basin, means that river erosion is an ever-present and formidable force. While it is a testament to the colossal natural forces at play that the nation remarkably gains an average of 54 square kilometres of land annually, it also simultaneously loses a significant 34 square kilometres. This ceaseless dance of land, constantly fed by billions of tons of sediment, directly and profoundly impacts the lives of 鈥榗harland鈥� dwellers 鈥� those resilient communities who make their homes on newly formed riverine islands. While initiatives like 鈥楾he Char Development and Settlement Process,鈥� a vital partnership with the Netherlands Embassy, have been instrumental in addressing some of these challenges, the very legal bedrock upon which these laudable efforts rest is undeniably crumbling.
Despite the admirable foresight encapsulated in projects like the 鈥楤angladesh Delta Plan 2100鈥� 鈥� a comprehensive vision that seeks sustainable management of water, ecology and land resources, with a specific focus on mitigating river erosion 鈥� the legal landscape remains stubbornly anchored in the distant past. The Bengal Alluvion and Diluvion Regulation, 1825, a dusty relic of British colonial rule, alongside sections 86 and 87 of the State Acquisition and Tenancy Act, 1950, are still the primary instruments relied upon to address these immensely complex disputes. It truly beggars belief that laws enacted nearly two centuries ago are expected to provide adequate, equitable and effective solutions for the multifaceted realities of the 21st century.
Adding insult to an already deeply entrenched injury, a deeply regressive amendment in 1994 abolished the crucial right and title of diluviated land for the landless from the 1950 Act. As a penetrating report by the Bangladesh Legal Aid & Services Trust in 2005 starkly highlighted, this change made the already challenging process of reclaiming diluviated land considerably harder, disproportionately affecting the nation鈥檚 most vulnerable citizens. It is nothing short of deeply concerning that, two decades later, no significant or meaningful reforms have materialised despite this clear, urgent call to action.
This pervasive legislative inertia, tragically coupled with the all-too-frequent negligence of officers-in-charge, has unfortunately created a fertile breeding ground for exploitation and injustice. The widespread and insidious issue of 鈥榗hardakhal鈥� 鈥� the illegal occupation of charlands by local influential persons 鈥� stands as a stark and painful illustration of this systemic breakdown. Reports indicate that nearly half of approximately 100,000 acres of land across 20 chars in the Meghna river, spanning four upazilas of Lakshmipur, have fallen under the illicit control of a mere 25 to 30 powerful individuals over the past 30-40 years. This is not just an unfortunate coincidence; it is a direct and tragic consequence of outdated laws and their lamentable lack of effective implementation.
While it is true that some of our regional neighbours like Pakistan and India, similarly burdened by colonial legal legacies, have also lagged in their own reform efforts, many other Asian nations have admirably shown the way forward. The Philippines, for instance, has embraced comprehensive and well-articulated provisions addressing land accretion and erosion within its own Civil Code. Japan, too, demonstrated admirable foresight by modernising its crucial River Act, 1896, with a significant and impactful amendment in 1980, showcasing a clear and unwavering commitment to contemporary and effective river management.
The path forward for Bangladesh is not just clear, it is absolutely essential. Our current laws are demonstrably and woefully ill-equipped to handle the escalating frequency and intensity of river erosion and the inherently dynamic, shifting patterns of riparian land.听
It is therefore absolutely imperative that, existing laws are comprehensively updated to unequivocally align with the visionary 鈥楧elta Plan 2100,鈥� reflecting the urgent and pressing requirements for modern land management in an increasingly volatile and changing climate. Local government bodies and all officers-in-charge are held unequivocally accountable for ensuring the crucial coherence between legal statutes and practical realities on the ground, with dedicated law enforcement agencies deployed strategically to control peace and mitigate conflicts in charlands.
It is also important that Bangladesh seriously considers introducing special, dedicated legislation focused solely on charlands and riverine boundaries, thereby providing a targeted, comprehensive, and ultimately more effective legal framework.
The increasing incidence of alluvion and diluvion is not merely an environmental challenge; it is, at its core, a profound and deeply concerning societal one. The inhabitants of our riverbanks, often the most marginalised and vulnerable members of our society, suffer in heartbreaking silence, their livelihoods and homes constantly at the mercy of relentlessly shifting waters and the crushing weight of outdated legal provisions. It is high time, indeed, that our legislators revisited these archaic laws, painstakingly shaping them to effectively handle this critical national issue and, crucially, to bring much-needed justice and security to those who continue to await meaningful legal reforms. The future of Bangladesh, both in its geographical stability and its societal equity, depends intrinsically on it.
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Nusiba Hasan Ohee is a law student at the Bangladesh University of Professionals.
