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  *Adivasi landlessness and the enemy property
law*<http://adivasi.wordpress.com/2008/11/23/adivasi-landlessness-and-the-enemy-property-law/>





<http://ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080072697&ch=11/15/2008%2012:40:00%20PM>


 BANGLADESH - For a people who had been associated with the land since time
immemorial, Adibashis find themselves slowly losing their land either due to
the dictate of the law, land grabbing, and demands of the times to cope with
financial difficulties. Landlessness is a major problem among the Adibashis
where 80%-90% of Adibashis are landless and the remaining landed 10% are on
the brink of losing their lands.



With the entrance of colonizers, they slowly lose their lands. No law had
been drafted for Adibashis on their acquired rights on the land during the
Hindu and Muslim Badsha rule in the early years from 1200 till the British
came in 1747 to the present Bangladesh government (Michael Soren, 2006).
Even an earlier law (Indian Tenancy Act of 1878) provided registration of
tribal lands under Zamindars (landlords). This law virtually placed
aboriginal peoples as not having the right to own lands.



Disenfranchisement to their land has been further manifested with some
Adibashis not able to have their lands registered during the initial 1922
Cadastral Survey (CS) during the British Rule as these were held by the
zamindars. Disenfranchisement to their lands was further manifested in two
successive amendments of the land registry. Technical land grabbing was
manifested during the 1962 Settlement of Acquisition (SA) and the Revision
Survey (RS) in 1972 where a number of registered land owners were changed to
names of third person/s without the knowledge of the original owner. Most
cases handled by lawyers and filed in court are cases which refer to
corrections in the land registry, lawyer Norendranath Tudu said.



The flight of Adibashis and Hindus to India during the India-Pakistan war in
1965 led them to flee to India and their properties left in Bangladesh
considered as "enemy property" by virtue of the Enemy Property Law. Some
came back to find they had no properties anymore, these having been declared
as "enemy property".



This followed through with the Vested Property Act in 1974 which considered
lands left by fleeing Hindus and Adibashis included, to India during the
Liberation War in 1971, was considered "vested" and managed by the
Bangladesh government in 1974. Again, this scenario left a number of
Adibashis landless.



In the plain areas, non-indigenous settlers use the Vested Property Act to
occupy indigenous peoples land. With the land considered vested and managed
by the Bangladesh government, many a person in the mainstream Bengali
community occupied these lands illegally.



Another law which was supposed to protect Adibashis of their landholdings
preventing transfer to a non-Adibashi without the permission of the revenue
officer is the East Bengal State Tenancy and Acquisition Act (EBSAT) of 1950
has become a "lost law" (Michael Soren, 2006). Its implementation has not
been strictly followed with a number of Adibashis having sold their land to
Bengalis at low prices and without the permission of the revenue officer.



Particularly in the northwest part of the Bangladesh, the major problem
being faced right now by the indigenous peoples is landlessness. Studies
show at least 80% are landless among 100 villages of Godagari and Tanore,
while Advocate Saidul Rahman Khan chief guest during the Indigenous Peoples
Day celebration in Rajshahi in August 8, 2006 noted some 90% are landless
Adibashis. With such a depressing situation, most of the people resort to
availing khas lands (government lands open for application) from the
government with at least enough space to build a house on. They work as farm
workers to rich landowners earning as low as 65 Taka a day, and as
sharecroppers getting as low as 1/3 share of the harvest even as they handle
both production costs and manual labor.



The EBSAT Act of 1950 restricts transfer of aboriginal lands to non –
tribals without the permission of the revenue officer. However, its
enforcement is a failure causing further dispossession of Adibashis to their
ancestral lands.



Source: Discourses on Policy Perspectives on Land Rights of the Adivasis of
Northwest Bangladesh, by Gina Dizon, Published by Voluntary Service Overseas
Bangladesh-Indigenous Community Rights Programme, April 2008



Posted in Adivasi <http://wordpress.com/tag/adivasi/>, Atrocities on
Adivasi<http://wordpress.com/tag/atrocities-on-adivasi/>,
Jai Adivasi <http://wordpress.com/tag/jai-adivasi/>,
Jharkhand<http://wordpress.com/tag/jharkhand/>,
Jharkhandi Tribes <http://wordpress.com/tag/jharkhandi-tribes/>,
Jharkhandi.com <http://wordpress.com/tag/jharkhandicom/>,
Jharkhandi.org<http://wordpress.com/tag/jharkhandiorg/>
*|* Tagged Adivasi <http://wordpress.com/tag/adivasi/>, Bangladesh
Adivasi<http://wordpress.com/tag/bangladesh-adivasi/>,
Jai Adivasi <http://wordpress.com/tag/jai-adivasi/> *|*

http://adivasi.wordpress.com/2008/11/23/adivasi-landlessness-and-the-enemy-property-law/






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