Gender, Governance and Land Rights: Navigating Tribal Customary Law in West Bengal

Abstract

This paper highlights the intersection of gender, traditional tribal customs, and the participation of local governance in the Balurghat Block of Dakshin Dinajpur in West Bengal. Santal women in this region are primarily engaged in agriculture, but legal control over land till remains a dilemma. Under traditional Santal customary law, women are generally denied rights to the landed property of their father or husband. Despite state policies like the Nijo Grijo Nijo Bhumi (my home, my land) scheme, which mandates that land Pattas (deeds) be issued in the name of the female head of the family, these women are often excluded during actual distribution. Because tribal women are often excluded from the Hindu Succession Act, which grand sequel inheritance rights to daughters, they turned to their local gram panchayat to resolve land disputes; here, the panchayat acts as a local court. Panchayats sometimes provide the right judgment and sometime acts as a source of discrimination.