The enemy property laws in Bangladesh: grabbing lands under the guise of legislation

Abstract

ABSTRACTThe law of enemy property has a long and complex history in Bangladesh. Although it originated from the emergency laws promulgated during the India-Pakistan war in 1965, its legacy continued in independent Bangladesh till recent years. The law, however, did not itself encourage any encroachment of property rights; rather it has been misused by different political regimes, to legalise the unlawful benefits accrued to influential land grabbers under the pretext of enemy property. This study, through a historical review, draws a legal analysis of how the process of taking over enemy properties by the government authorities had no legal justification and was used merely as a technique to deprive religious and indigenous minorities, of their lawful property rights. The study also scrutinises the present law, which promises to return the properties and attempts to look into the reasons behind its failure to make effective returns to the lawful owners.