THE LAND RIGHTS OF PLAIN LAND INDIGENOUS SANTAL COMMUNITY IN BANGLADESH: CHALLENGES AND PROSPECTS

Abstract

Abstract: Indigenous Peoples, due to their subordinate position in society, deserve necessary supports to protect or defend and establish their rights. Land, the most valuable asset of the Indigenous communities, is generally protected through national and international legal instruments. During the last decades, Indigenous Peoples' land rights claims received considerable attention and tremendous developments in the common law jurisdictions. Albeit, such communities around the world have been struggling to protect their lands in the context of various ‘developmental activities. This paper intended to explore, investigate and evaluate the existing land rights practices of an Indigenous community living in the plain land area of Bangladesh, the Santals in accordance with national and international legal standards. By using qualitative legal research methodology, this paper evaluated the land rights of plain land Indigenous Santal community in Bangladesh. In doing so, the paper put insight into the present land rights practices that they are obliged to follow. The paper also identified the gap that leads to face them violation of their traditional land rights. Therefore, the paper endeavoured to find a way out amid international instruments that can bring positive change in the life of plain land Indigenous Communities like Santals, in Bangladesh by securing their land ownership. After a comprehensive literature review and relevant field data including expert opinions, the paper put forward some recommendations that may provide some significant guidelines to the Government, policymakers, and development stakeholders to resolve the issue.