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Vested Property Act (Bangladesh)

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Vested Property Act (Bangladesh)

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. In 1974 it was renamed the Vested Property Act. Later some efforts were made to repeal it.

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

Chronologically, they are:

After Bangladesh independence in 1971, similar laws were passed:

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. [citation needed]

Though renamed as the Vested and Non-Resident Property (Administration) Act in 1974, the law still retains the fundamental ability to deprive a Bangladeshi citizen of property simply by declaration of that person as an enemy of the state. Leaving the country through abandonment is a common reason for this. 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 had their entire property confiscated due to labeling as enemy.

It appears that in many cases the real reason for violence against religious minorities is to pressure them to leave their lands in an attempt to take over these lands.

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