b) Case Study 2: Munia recovered her land

Munia, 35, a homemaker in Noakhali, lives with her husband Aslam, her children, sister-in-law and mother-in-law in a house on 5.5 decimals of land which she inherited. Aslam’s meagre earnings as a farmhand are the only source of the family’s income. Munia and her family suffer severe hardship as her neighbour, Zakir, had been unlawfully occupying part of her land for a very long time despite her having legal documents to prove her ownership of the house and the land. Munia and Aslam had attempted time and again to regain possession of the only piece of property they own, by taking part in at least a hundred local shalish sessions. Zakir, who is wealthy and influential, refused to comply with any decisions taken in the shalish. The family then had no choice but to file a case with the District Court. Since they lacked the means to pursue a case in the higher courts and did not understand the technicalities of the court system, they faced new challenges every step of the way. Aslam spent 30-45 days simply waiting in the court premises, which cost him his daily income. The costs of pursuing the case in the district court rose to about 200-250,000 BDT in the past two to three years, far exceeding the value of the land itself.

Eventually, since the Mouza rate for the occupied land was 33,000 BDT, Aslam applied for the case to be transferred from the higher court to the Village Court. In July 2017, the Village Court Assistant filed the case, and explained the court procedures to Munia. The VC summoned the respondent, Zakir, ordering him and Munia to appear before the court. In July 2017, the Court confirmed Munia’s ownership of 3.5 decimals of her land, while the remaining two decimals were given to form part of a road extension. Munia said that her family would have become destitute, losing everything all over again in their fight to secure justice, without the village court’s intervention. She now encourages everyone to go to the village court for all cases it can hear and resolve.

Hearing Pending

Beggar’s Rehabilitation Case (2011)

Under the “Beggar Rehabilitation and Alternative Employment Programme” the Government engaged ten NGOs to participate in registering persons as beggars, and classifying them into different categories. These would classify people as beggars who are seasonal/irregular, occupational, women, children, aged 1-12, aged 12-50, elderly, and aged 50.

‘Family Courts in CHT’ Case (2009)

BLAST and Ain o Salish Kendra (ASK) filed a writ petition challenging Section 1(2) of the Family Court Ordinance, 1984 which bars applicability of the Family Court Ordinance in three hill districts, Rangamati, Khagrachari and Bandarban.

‘Spectrum Sweater Factory Collapse’ Case (2005)

The factory building of Spectrum Sweater Industries Ltd., a nine storied building at Palashbari, Savar, collapsed leaving 69 workers dead and 89 injured. Four injured workers and nine human rights organisations, including BLAST, working collaboratively as the Sramik Nirapatta Forum filed the writ petition impugning the failure of the concerned authorities to discharge their statutory duties and responsibilities relating to building construction, labour safety and welfare.

‘KTS Garments Fire’ Case (2004)

A four-storied building situated at the BSCIC Industrial Area in Chittagong and used as the factory of KTS Textile and Garments caught fire and 57 workers died. At the time of the fire, the main gate was closed as per the direction of the management and there was no emergency exit. Many of the workers, finding no route of escape, simply burned to death and their bodies were found in the staircase, on the floor and on the window grilles.

‘ADC’s Powers’ Case (2004)

BLAST filed a writ petition challenging the Additional Divisional Commissioner of Chittagong’s exercise of powers as a Sessions Judge by claiming an ex-officio authority unfounded in law. The three hill districts, Rangamati, Bandraban and Khagrachari had long been regulated by the Chittagong Hill Tracts Regulation, 1900

Property Rights of Religious Minorities (2013)

The Vested Property Act 1974 was a highly controversial law that effectively allowed the Government to appropriate property from individuals it deemed to be an enemy of the state. The abuse of laws by the government and its agencies to deprive religious minorities of their land continued post independence.