Vested Property Act

The Vested Property Act is a controversial law in Bangladesh that allows the Government to confiscate property from individuals it deems as an enemy of the state. Before the independence of Bangladesh in 1971, it was known as the Enemy Property Act and is still referred to as such in common parlance. The act is criticized as a tool for appropriating the lands of the minority population.

This law is the culmination of several successive discriminatory laws against non-Muslims passed while Bangladesh was part of Pakistan.

Chronologically, they are:

On 6 November 2008, the High Court division of the Supreme Court of Bangladesh delivered its rule nisi upon the Government on the Enemy Property (Continuance of Emergency Provision) (Repeal) Act 1974 and subsequently promulgated Arpita Sampatty Protapyan Ain 2001 and circulars, administrative orders.

The order calls upon the respondent to show cause as to why instructions issued in the contents of presidential order 29 of 1972, act 45 and 46 of 1974, ordinance No. 92, 93 of 1976, Arpita Sampatty Protapyan Ain 2001 and circulars issued by government that are in contradiction with the fundamental rights and the charter of declaration of Independence of Bangladesh, 10 April 1971, should not be declared to be ultra vires the constitution.The Rule Nisi also stated why the properties so far incorporated in the list as Enemy (Vested) should not be returned to the title holder/successor/legal possession holders and or such other or further order or orders passed as to this Court may seem fit and proper. The Rule is made returnable within 4 weeks from 28 October 2008.

Though renamed as the Vested Property Act in 1974, the law still retains the fundamental ability to deprive a Bangladeshi citizen of his/her property simply by declaration of that person as an enemy of the state. Leaving the country through abandonment is cited as the most common reason for this, and it is frequently the case that Hindu families who have one or several members leaving the country (due to religious atrocities against Hindus, and economic as well as political reasons) have their entire property confiscated due to labeling as enemy.

The Bangladeshi newspaper The Sangbad (21 March 1977) reported that at that point in time, according to the government's own figures, 702,335 acres (2,842 km²) of cultivable land and 22,835 homes were listed as enemy property.

Much of the property of murdered Hindu politician Dhirendranath Datta was confiscated by the Bangladesh government after independence in 1971. Because Datta's body was never found after he was arrested by the Pakistan Army during the Bangladesh Liberation War, an affidavit was brought forward that it could not be concluded that Datta had not voluntarily left the country.

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