The politics of land law : poverty and land legislation in Bangladesh / SM Masum Billah.

Format:

Book

Author/Creator:

Masum Billah, S. M., author.

Language:

English

Subjects (All):

Land tenure--Law and legislation--Bangladesh.

Land tenure.

Land reform--Law and legislation--Bangladesh.

Land reform.

Land tenure--Political aspects--Bangladesh.

Land reform--Political aspects--Bangladesh.

Poverty--Bangladesh.

Poverty.

Physical Description:

1 online resource (314 pages)

Edition:

First edition.

Place of Publication:

Dhaka, Bangladesh : The University Press Limited, 2023.

Summary:

The land question is a politically emotive yet constitutionally forgotten issue in Bangladesh. In this seminal work, the author examines the major land laws of Bangladesh and presents a thorough story of land law politics as a central thrust to the colonial and post-colonial enterprise. The author shows how the land enactments in a developing post-colonial jurisdiction like Bangladesh have gone towards the disadvantage of the peasants and suggests what further role the law can play in addressing their poverty.After the 1947 Partition, the abolition of the zamindary system (landlordism) offered an opportunity to carry out radical redistributive land reform in Bengal. So was the case with post-independence settings after 1971. Unfortunately, both opportunities went astray. The Bangladeshi land laws are complex, vague and dominated by politics. The land law regime has structural loopholes and ideological drawbacks, which are enough to make reform attempts dysfunctional.The author interprets poverty as a mutually reinforcing deprivation where the land law is a major participant. He argues that poverty will persist unless the law addresses the true reasons for poverty and a pro-poor approach to land reform is pursued. The author effectively situates the land law in the context of legal history and poverty, exposes the gap between "law" and "land", and proposes a redistributive land reform for Bangladesh.

Contents:

Intro

Abbreviations

Glossary

Acknowledgements

Preface

Introductory Essay: Land Tenures, History, and Modernity in South Asia, Latin America, and the Pacific

Richard Boast

Chapter 1

Introduction

1.1 Prologue

1.2 Context

1.3 The Scope of the Book and Clarification of Leading Terms

1.4 The Significance of the Work

1.5 Comments on Relevant Literature

1.6 Central Questions

1.7 Methodology

1.8 Land Laws of Bangladesh: An Overview

1.9 Landmarks in Land Law History

1.10 Chapter Overview

1.11 Epilogue

Chapter 2

The Legacy of Land Law in Bengal and Colonial Poverty

2.1 Introduction

2.2 Pre-Colonial Bengal and the Land Question

2.3 Company Land Policy from 1757-1793

2.4 The Landed Society

2.5 Permanent Settlement Regulation 1793

2.6 Bengal Tenancy Act 1885

2.7 Colonial Land Law and Poverty

2.8 The Politics of Land Law Reform

2.9 The Politicisation of Peasants' Rights

2.10 Chapter Summary

Chapter 3

Post-Colonial Land Reform (1947-1971)

3.1 Introduction

3.2 Abolition of the Zamindary System

3.3 The State Acquisition and Tenancy Act 1950 (SAT Act)

3.4 Critical Analysis of the SAT Act

3.5 Preparedness for Post-Independence Reform

3.6 Chapter Summary

Chapter 4

Sharecropping Legislation and Poverty in Bangladesh

4.1 Introduction

4.2 Nature of Sharecropping

4.3 Sharecroppers' Legacy

4.4 The Land Reforms Ordinance 1984

4.5 Reforms and the Interest of the Sharecroppers

4.6 The Experience from West Bengal: A Better Model?

4.7 Chapter Summary

Chapter 5

The Law Relating to Char Land: Poverty Implication

5.1 Introduction

5.2 Char Land and Poverty in Bangladesh

5.3 The Alluvion and Diluvion Law

5.4 Critical Analysis of the Issues

5.5 The Poverty Implications of Alluvion and Diluvion Law.

5.6 Chapter Summary

Chapter 6

The Land Ceiling Legislation and Redistributive Land Reform

6.1 Introduction

6.2 The Case for Ceilings

6.3 Khas Land

6.4 Distributive Justice and Land Reform Legislation

6.5 Chapter Summary

Chapter 7

The Eminent Domain Law: Land Reform and Poverty

7.1 Introduction

7.2 The State's Power of Eminent Domain and Land Acquisition

7.3 The Context of the ARIPA 2017

7.4 The Parameters of Acquisition and the Enormity of Eminent Domain

7.5 Acquisition Law and its Meaning for Peasants' Land Rights

7.6 Chapter Summary

Chapter 8

Land Reform: Taking the Law for a Walk into the Land

8.1 Introduction

8.2 Land Reform Approach and Law

8.3 The Nature of the Bangladeshi Approach

8.4 The Land Law and Poverty

8.5 Legal Approaches to Land Reform

8.6 Distributive Land Reform and the Creation of a Property Law Regime

8.7 Chapter Summary

Chapter 9

Conclusion and Recommendations

9.1 Overview of the Book

9.2 Major Findings

9.3 Recommendations

9.4 Concluding Remarks

Bibliography

Index

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Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Other Format:

Print version: Billah, S. M. Masum The Politics of Land Law

ISBN:

9789845065184

OCLC:

1377816854