From Partition to Present Era: The Vested Property Act and Identity Crisis in Bangladesh

"Land is more than only soil; it's identity, memory, and belonging." However, the Enemy Property Act, which was later renamed the Vested Property Act, is one of the greatest lasting and unfair consequences of South Asia's division that has deprived thousands of families in Bangladesh of their identity.  These territories became symbols of grief, dispossession, and bureaucratic betrayal as a result of geopolitical dispute and legal immobility.
 What began with the Partition of 1947, increased in the 1965 Indo-Pak conflict, and faced until the liberation war of 1971 continues to throw long shadows over thousands of families throughout the country, most of whom were religious minorities.  The problem extends back to 1947, when the Indian subcontinent was forcefully divided into India and Pakistan.  Following Partition, millions of Hindus left East Pakistan (now Bangladesh), abandoning behind ancestral properties.  The Pakistani government seized on their absence by making laws defining these territories as "Evacuee Property."

This legal grab got worse after the 1965 Indo-Pak conflict, when the Enemy Property Act of 1965 was passed, targeting people considered "enemies" of the state—often simply as they had kin in India.  However, the concept of "enemy" was unclear and weaponized. It wasn't about verifying commitment; it was about identification. And identification became the sole reason for leaving land, rights, and belonging. After Bangladesh gained independence in 1971, expectations rose that this unfair legacy would be removed.  Instead, under Presidential Order No. 29 of 1972, the newborn country grabbed Pakistan's hostile properties.  Properties that were vested in Pakistan under emergency circumstances are now owned by Bangladesh on the basis of sovereign necessity. The Vested and Non-Resident Property Act of 1974 established this change. 

The name changed— from "enemy" to "vested"— but the dispossession continued. There was a fundamental legal mistake in the continuation. Throughout the war, the Pakistani government had limited control of enemy properties, and original ownership rights were not revoked. Consequently, the government of Bangladesh, acquiring those powers, has a moral and legal responsibility to return those properties— especially because the alleged “enemies” were now citizens of a sovereign, democratic Bangladesh. However, that restoration never occurred. Instead, various governments extended the list of vested properties by administrative notices and complex processes. Land that legally never qualified as vested was forced included. Political participants, local elites, and bureaucrats used the law to grab land, mostly from religious minorities. Over 100,000 acres of property fell into this category, frequently due to questionable lists, a lack of transparency, and systemic discrimination.

In 2001, the Vested Property Return Act provided a ray of hope, promising to return lands to their original owners.  However, the law was severely flawed:

1. Ambiguous Definitions: It failed to differentiate between properties taken before and after 1972, uniting valid claims with criminal acquisitions.

2. Permanent Dispossession: Section 6 excluded properties sold or leased by the government, even if they were obtained illegally, essentially encouraging criminal grabs.

3. Bureaucratic Obstacle: The return process is stuck in lengthy litigation, with tribunals functioning as civil courts.  Cases can drag on for years, and even succeeding plaintiffs face delays in execution.

The procedure of regaining property under this law is similarly severe as the loss itself.  Claimants must provide original documents from years ago, go through long tribunal hearings, summon witnesses, and deal with a number of appeals.  Even after achieving a favourable decision, execution is at the discretion of local Deputy Commissioners.  As a consequence, even after two decades, just a few properties have been recovered. The 2011 amendment attempted to quicken returns, but execution was insufficient.  At this point, over 75,000 cases remain unsolved.  Many victims lack documents, while others face objections from local power groups that refuse to give authority.  The human cost is unbearable.  Families that once owned homes, farms, and businesses now live as squatters on their own property.  Inheritance lines are broken, and generations grow up without roots.

The law's bias is clear. According to government statistics, more than 100,000 acres have been defined as vested property, significantly affecting the Hindu minority.  The impacts of this law reach far beyond the continent. It weakens inheritance rights, particularly in minority families. It damages social peace, especially in rural areas. It reduces trust in governmental institutions, reducing faith in justice and equality.

Rights groups, such as Ain o Salish Kendra (ASK), have long criticised this law for its discriminatory provisions.  The burden of proof is always on the victims.  The procedure, which is meant to give justice, often prevents it.  This isn't just a historical unjust; it's an ongoing tragedy.

The following actions are required for meaningful redress: 1. Repeal outdated laws and remove all post-1972 listings from the vested property category. 2. Establish special fast-track tribunals with simple procedures for ongoing cases with transparent, time-bound hearings. 3. Digitize and publish all vested property records for transparency. 4. Creating a compensation fund for families who cannot regain land. 5. Establish an independent land commission free from political and administrative interference.

If Bangladesh genuinely desires to respect its constitutional ethics of secularism, equality, and justice, this remaining injustice must be addressed. Not with silence, but with reform. Not with delay, but with determination. The soil remembers what the law forgets. To recover, we have to rebuild not only land, but also dignity. The moment for courage, compassion, and reform is now.

Rozina Akter Nishu studies in Department of Law in Bangladesh University of Professionals (BUP), Mirpur Cantonment, Dhaka.