How Women’s Land Rights are Rewriting the Narrative in Bangladesh?

Land stands as the most esteemed form of property in South Asia, including Bangladesh, carrying economic, political, and symbolic implications. It serves not only as a productive asset and a source of material wealth but also as a pillar for security, status, and recognition. While applicable to both genders, the context of gendered societal structures magnifies the relevance of land rights, especially for women.

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A commonly highlighted advantage of women’s land ownership is the promotion of women’s economic empowerment. This empowerment, in turn, leads to a reduction in domestic violence and fosters more gender-balanced family and social relationships. Women’s ownership of land is associated with visible benefits such as a decrease in domestic violence and an increased ability to negotiate for a more equitable allocation of gender rights within the family.

In the past, the absence of land entitlement and access put women at a greater risk of vulnerability but now, legal frameworks have developed to confer women with equal rights in inheriting and owning land. The 2021 Global Gender Gap Report reveals that Bangladesh is positioned 65th among 156 nations in the global effort to combat gender inequality. Impressively, the country stands at seventh place for women’s empowerment in politics and holds the fifth consecutive spot among South Asian nations.

Bangladesh’s Land Rights Makeover

The existing government proclaimed the implementation of the ‘Jatiyo Naree Unnoyon Neeti 2011’ (National Women Development Policy 2011) on March 8, 2011, citing its intended goal to uplift the socio-economic well-being of women in Bangladesh. Within the framework of Clause 25(2), which addresses the economic development component of the 2011 policy, it is explicitly mentioned that “To give women the rights to wealth and resources earned through income, succession, loan/credit, land and market management.”

In adherence to Muslim Shariah, a woman in the Islamic faith possesses limited rights to inherit property, while Hindu law generally lacks provisions for women to inherit, except in rare and exceptional circumstances. The legal aspects of inheritance are guided by personal laws associated with the religious beliefs of individuals, resulting in the application of Sharia Law for Muslim women, who constitute a majority, exceeding 90% of the population.

Sharia Law: Inheritance Rules

Daughter:

1. Only daughter, no son: Inherits half of the property.
2. No son, more than two daughters: Daughters together inherit two-thirds of the property.
3. Daughter and son: Daughters inherit two-thirds, sons inherit half. No daughter gets half if there is a son.

Wife:

1. No children or grandchildren: Wife gets one-fourth of the property.
2. With son or grandson: Wife (one or more) shares one-eighth of the property.

Mother:

1. Children or grandchildren: Mother gets one-sixth of the property.
2. No children or siblings: Mother gets one-third of the property.

Hindu Law: Inheritance Rules

Daughter:

1. With son, grandson, daughter, wife: Daughters not entitled.
2. Absent above: Unmarried daughters have first right.
3. Barren, sonless, widow daughter: Not entitled.

Widow: Life enjoyment opportunity, can sell or donate.

Mother (of a late son):

1. With son, grandson, wife, father: Not entitled.

Sister: Cannot own father’s property.

Note: Hindu Disposition of Property Act 1956 grants equal rights to sons and daughters.

Christian Law: Inheritance Rules

Daughter: Equal rights with son according to the 1925 Act.

Wife: With children: Widow gets one-third. Without children: Widow owns the whole property.

Mother: With son, daughter, father: No share. Without siblings: Whole property. Otherwise, shared equally.

Sister: With father or son: Not entitled. Otherwise, equal sharing opportunity with mother and brothers.

Several commendable approaches exist to promote and safeguard the land rights of rural women in Bangladesh. A substantial portion of landless individuals in the country, including poor men and women, lack the financial means to acquire or inherit land from their ancestors. In response to this challenge, the Government of Bangladesh has implemented policies and laws, launching public land redistribution programs aimed at assisting land-poor men and women, with a focus on ensuring equal rights for women.

As an illustration, the Khas (Government-owned land) Land Distribution Policy has been crafted to ensure joint ownership for both spouses, given for a 99-year lease period. In honor of Mujib Barsho, financial provisions had been made for the establishment of 183,157 semi-pucca single houses, each occupying a two-decimal khas land area assigned to respective families.

Breakthroughs in Rural Women’s Land Ownership and Decision Making

The objectives outlined in UN Sustainable Development Goals 2 and 5 underscore the crucial importance of acknowledging and empowering women in rural areas within the agricultural sector. Within SDG target 5. A, there is an emphasis on achieving ownership and rights to agricultural land for women, addressing a pivotal aspect of gender equality in agriculture. SDG 2.3 aims to enhance agricultural productivity and incomes for small-scale food producers, with a particular focus on women, as a means to guarantee worldwide food security.

According to the Ministry of Agriculture (MoA) 2021, many female farmers have received ‘Farmer Cards’. Cardholders have the privilege of initiating 10 Tk (USD 0.12) bank accounts, known as the ‘Ten Taka account,’ enabling them to avail government subsidies and extension services. While the current cards are paper-based, there are ongoing plans to shift to an advanced ‘smart’ electronic version. Till now, 0.63 million women have accessed this service.

In its commitment to gender inclusivity, the 2012 National Agricultural Extension Policy (NAEP) places a strong emphasis on enhancing women’s participation in agriculture. It specifically focuses on establishing and overseeing cottage industries that utilize locally produced agricultural commodities tailored to women’s needs.

• Food crop farming- (35.17%)
• Cash crop farming – (32.74%)
• Fishing or fish culture- (32.74%)
• Wage and salary employment-(30.85%)
• Non-farm economic activities-(31.98%)

Alternatively, in the context of utilizing income generated from livestock raising, women tend to be actively involved in decision-making. This trend is likely due to the fact that livestock raising is a primary economic activity for a significant number of rural women. Remarkably, almost one-fifth of women participate in all decision-making aspects, signaling a positive indicator of women’s empowerment.

As the fabric of progress continues to unfold, it is clear that the empowerment of women in land rights is not just a legal necessity but a catalyst for broader societal transformation. Bangladesh, with its proactive policies and initiatives, stands as a beacon, illuminating the path toward gender equality, economic empowerment, and social progress. In this evolving narrative, the ownership of land by women becomes not only a symbol of empowerment but a cornerstone for a more inclusive and equitable future.