I further declare that the dissertation on “Evaluating the Restoration of vested Property in Bangladesh” has been submitted as part of the requirement for the degree of Master of Laws at Daffodil International University. It is hereby declared that the work entitled “Evaluating the Restoration of vested Property in Bangladesh” is an original work of Shourav Mollick, ID LL.M (F), Department of Law, Daffodil International University, completed under my supervision and submitted in partial fulfillment of the requirement for obtaining a Masters of Law Degree, from Daffodil International University.
Introduction
The methodology for conducting the study is explained in detail in this part of the study, while at the same time providing insight into the limitations that would be revealed during the study. Politically motivated decisions by the state to appease local influential people and achieve their agenda had entrenched these crimes in society, or so was the assumption before this study was conducted.
Rationale of the Study
Why it's taking too long to end the suffering of the enemy-turned-property. Why this inhumane but legalized problem created by the state still exists was the question that came to my mind long before I started writing this article.
Research Objectives
Research Methodology
Act(s) of Parliament, Ordinance(s), Ordinance(s) as well as previously conducted research on the same subject. The goal will be to appreciate excuses and obscurity and understand what has kept this long suffering alive.
Literature Review
Essentially, the research will follow an exploratory research design in which both primary and secondary data will be obtained using qualitative and quantitative data collection instruments following an interpretive approach.
Limitation of the Study
However, the estimation is possible through existing data and facts which will be explored while conducting the research. In some cases, it will be difficult to estimate or define the properties as Hindu properties because the muscular residents have managed to collect documented documents for these properties.
Conclusion of the Proposal
Another major limitation of this study would be to get the earliest picture of the situation since most of the people who were forced to leave during and in 1971 have died while the heirs are the current victims.
Historical Background
Partition of India
Darjeeling to a camp in the Rajasthan desert with a train rumbling across India, the word. All these and many other families lost their properties and these properties were owned by the Government of India.
Political Agenda
He was a close acquaintance of Muhammad Ali Jinnah and a vocal supporter of the Pakistan Campaign. Overturning the Supreme Court's 2005 judgment, the BJP government in 2016 amended the country's hostile property law and enacted a law to alienate the property of so-called enemies, affecting many Indian citizens, including Mahmudabad heirs and prominent Bollywood stars of the Pataudi (Pradhan) family. , 2016). The country is not at war with anyone; legal heirs are legal citizens; and no one tries to use property for the benefit of an enemy country.
Although Bangladesh does not directly follow the footsteps of India, the vindictive political culture and mindset of the lawmakers are similar.
Enacting Unjust Laws
Money was needed to fuel such a huge campaign and along came the then Raja of Mahmudabad. His property was appropriated by the Indian government, the largest estate in India, and it is said that the enemy property laws of this subcontinent came about as a result of the grudge against Raja Mohammad Amir Ahmad Khan (Kazmin, 2017).
Repeating Anomy
Post Liberation Policies
There are many disadvantages that make the law a success, and they can be found in this chapter with a critical analysis. The new dilemmas arising from the new law and the discrepancy between law and practice are also revealed in this part of the research.
Features of The Act
An appeal will only be allowed if the application is rejected without consideration and regarding the decision on compensation and release of property. The trial court and the appellate court will have discretion in the absence of a specific provision in law. If the application is not made within the specified period, the government will have the power to dispose of the property in any way it sees fit.
By acting in good faith, the government and its officials are immune even if anyone suffers harm caused by a court or any other official.
Shortcomings
Moreover, the real owners cannot even claim compensation from the government for their properties unlawfully taken, which is contrary to every existing practice of acquisition of property by the government for public purposes in any civilized country, including Bangladesh. The law further causes pain when it states that the judges of the Tribunal will have unlimited discretion in the absence of any specific provision in this law. The immunity conferred by this Act undoubtedly encourages exploitation when it states that no criminal or civil proceeding shall be instituted in any court against the Government, Tribunals or its officials if they have acted in bona fide belief.
The philosophy is to guarantee the property rights of the victims of oppression caused by the state during international conflicts.
Era of Unfulfilled Promises
If we apply the interpretivism approach of jurisprudence to examine the law, we can clearly come to the understanding that the sole purpose of the creation of the law was to return the properties to the rightful owners. The Act itself mentioned that a list would be published in the Government Gazette notification consisting of refundable properties within 180 days of the enactment of the Act which never happened. This time they promised a step forward by declaring in their election manifesto that all laws and practices contrary to minority rights will be ended (Bangladesh Awami League Election Manifesto of 2009, Article 9).
All the promises made by the two leading political parties regarding the restoration of the enemies of the altered property, which left hundreds of minorities in a maze, were never fulfilled.
Rise of New Dilemmas
Discrepancy of Law and Practice
There are some limitations for minorities to succeed in reclaiming their rightful land from the government as well as from land grabbers.
Socio-Political Limitations of Minorities
In order to restore the properties, the applicants need to have access to some kind of financing, but they are not able to access it. On average, each of the affected Hindu families spent 2,27,000 taka on their cases filed under the law and 50% of the costs were spent on bribes (Mahmud, 2017). Now, not everyone has access to such a large amount of money and thus their hope of regaining their ancestral property is doomed.
The political restriction is a driving force behind the law, as well as the fact that the property rights of the Hindu minorities have been neglected for years.
Legal Limitations
This social restriction is caused by the VP Act and it has restricted the affected people from exercising their rights as equal citizens. The goal of equal distribution of wealth has failed for such dominant mindset of the legislators. The VP Act restricts the rights of minorities and removes property illegally (Barakat et al, 1997).
Sometimes in the name of legal management committees and sometimes coercively by the land grabbers with the help of law enforcers.
So-called Management Committees
Land Grabbers and Law Enforcers
This huge amount was seized by the politicians, and the rest was leased to them. The law says that once property is released, it cannot be reclaimed, making land grabbers the legal owners. Due to the unfavorable attitude of the law enforcement agencies, the minorities are subjected to indignities, as a result of which they end up leaving the property and land grabbers easily get into the property.
The powerful occupation takes on another dimension when the ruling party's legislators, whip and minister are accused of land grabbing.
Rural Areas
He first asked the family to sell him the homestead, but they refused, which upset him and Mr. He colluded with the Union Tehsil office and managed to manipulate some documents and declared the property as settled property by beating the drum in the village. He scared the family into moving out to their relatives in a nearby village and suddenly occupied the land by settling some of his followers.
The family tried several times to pay the revenue to the Tehsil office, but the Tehsildar never received the payment.
Urban Areas
In an interview, 31.1% of respondents said that government officials help beneficiaries manipulate documents so that they can release acquired property in their favor (Barakat et al, 1997). The aim is to get a court order because the law says that if the court releases any property, it will be final (The Law on Restitution of Property of Fakir Uddin Sana, a wealthy and wealthy farmer who was also a local leader of the then ruling party, had an eye on a 6-acre homestead of a Hindu family.
This chapter discusses the heartbreaking real suffering of the minorities in different parts of the country.
The VP Act List and A Staged Marriage
A Cruel Story
The next morning, the father and son went to the local police station to file an FIR, but someone at the station convinced them to file a general diary instead. Police began an investigation and later turned the case over to the same local Salish chief. When the son returned, he (the son) found that his wife and only daughter were living with his sister, and his homestead was being used by a newly formed club chaired by the same political leader.
He went to the Tahsil office and found that his property had been handed over to the government sometime after 1965 when his father left the property and moved to India.
A Collaborator Chairman vs. A Priest
Things to Do Now
Things to Do in Future
If that is not possible, the government must pay victims the exact current market value, profits and added value based on the severity of the years of suffering.
Major Findings
Future Research
Summary
An Inquiry into Causes and Consequences of Deprivation of Hindu Minorities in Bangladesh through the Vested Property Act: Framework for a Realistic Solution (1. izdaja). 2013, iz https://timesofindia.indiatimes.com/city/lucknow/Rajas-property-case-reaches-SC-again/articleshow/17850465.cms. Pridobljeno 4. aprila 2018 s http://www.thedailystar.net/law-our-rights/the-illegalities-enemy-turn-vested-property-1290142.
