River Erosion Leaves Thousands Landless and Legally Unseen

 

As per the findings of an article, in Bangladesh, approximately 20 out of its 64 districts are vulnerable to riverbank erosion. Each year, around 8,700 hectares of land are lost due to this erosion, affecting about 200,000 people through the destruction of their homes and agricultural lands. Between 1973 and 2017, the Padma, Jamuna, and Meghna rivers eroded over 160,000 hectares of land, equivalent to about five times the area of Dhaka city. 

A UNDP report reveals that between 1986 and 2017, Amena Begum from Gangachara Upazila in Rangpur lost her house five times due to riverbank erosion, along with two acres of agricultural land. 

Bangladesh, a riverine delta formed by the Ganges, Brahmaputra, and Meghna (GBM) river systems, is often called the "Land of Rivers." It is estimated that there are more than 700 rivers including 54 transboundary rivers. Padma, Jamuna, Meghna, and Brahmaputra, being the prominent rivers, form the backbone of the country's river system.

The rivers of Bangladesh are considered a blessing for the nation, contributing massively to its agriculture, economy, and overall prosperity. Yet the rivers bear the name of a silent disaster: river erosion. 

Every year, river erosion devours thousands of hectares of land, displaces families, and destroys homes, schools, and livelihoods. It is a cruel paradox — the same rivers that give life can also take it away.

River erosion can legally recognized as diluvion, though  not exactly the same concept,  while alluvion is the opposite concept, referring to the gradual reappearance or accretion of land previously lost to erosion.

In Bangladesh, the legal perspective of diluvion and alluvion is quite narrow. It mainly addresses the waiver of rent or land development tax when land is lost by diluvion. And ownership rights are protected only if the land reappears through alluvion within a specific time frame.

As per section 86 of the State Acquisition and Tenancy Act, if the lands of a holding or a portion of such lands are lost by diluvion, the rent or the land development tax of holding shall be abated. And the right of the owner or his successor shall subsist in the lands of a holding or portion thereof during the period of loss by diluvion if such lands re-appear within thirty years of their loss.

Now the question arises, whether the legal system of Bangladesh fails to ensure fair compensation and resettlement  for victims of modern climate-induced erosion.

Bangladesh’s legal system neither guarantees resettlement nor ensures fair compensation for victims of climate-induced riverbank erosion. Bangladesh has no dedicated law addressing compensation and resettlement for climate-induced erosion victims.  Climate-induced erosion is not legally classified as a compensable loss . Moreover, courts have not established strong precedents for erosion-related compensation and resettlement.

Though existing laws like the Disaster Management Act, 2012  focus on immediate disaster relief but not long-term erosion impacts. Local administrations provide only minimal aid (food, temporary shelter) immediate after the occurrences.

However, strategic legal reforms, policy adaptations could offer solutions.  A new comprehensive law addressing climate displacement and river erosion should be introduced, explicitly recognizing the rights of victims to compensation, shelter, and resettlement.

It is a well-established fact that Bangladesh has limited available land for resettlement due to its high population density. Consequently, it becomes  difficult to provide accommodation for the large number of people who have lost their land due to erosion. Through legislative measures, it should be mandated that if a person loses their last remaining piece of land to live by erosion, the government must allocate alternative land to safeguard their right to habitation.

Furthermore, individuals who lose their only land due to river erosion and are rendered landless should be given priority in the allocation of khas land under the Land Reform Act, 2023.

The thirty-year time limit under Section 86 of the SAT Act for land reappearance should be made flexible or removed, thinking betterment of the victims.

In India, under the National Disaster Management Authority (NDMA) Guidelines, monetary compensation is provided for land lost due to river erosion. 

Considering that precedent, Bangladesh should also take proactive steps to introduce a similar compensation mechanism for victims of riverbank erosion.

A permanent national fund must be established to support compensation and resettlement efforts for those affected by these challenges.

Bangladesh needs strong Climate international Finance support to help people affected by climate change and erosion. Bangladesh should also partner with organizations such as the UNDP, the World Bank, and the Green Climate Fund to implement resettlement projects for affected communities. Demanding direct access to the Loss and Damage Fund from COP28 for erosion victims also be the way.


Mohammad Abdul Hannan
is a student in Department of
Law in Bangladesh University
of Professionals (BUP), Mirpur Cantonment, Dhaka.