The enduring injustice of property dispossession and the failure to ensure effective restitution more than five decades after independence, call into question Bangladesh’s commitment to human rights and the credibility of its democratic order. The new leadership must prioritise the lingering concern to uphold its promise of an inclusive Bangladesh, writes Dr. Sangeeta Mohanty.
In February this year, Bangladesh assumed a new leadership. Tarique Rahman was sworn in as the prime minister after the Bangladesh Nationalist Party (BNP) secured a landslide electoral victory.
Rahman’s ascension sparks hope among Bangladesh’s minority Hindu community, which faced relentless attacks during the interim regime that began in August 2024. After the Awami League, a political party considered more secular than its rivals, was banned from contesting the 2026 elections, the BNP quickly stepped in to fill the void with its pledge to protect minorities.
However, the party’s past treatment of minority communities continues to be a source of controversy. In 1977, the BNP’s founder, Ziaur Rahman, was responsible for removing the word “secularism” from the Constitution, and party members have repeatedly been associated with violence against the country’s Hindu minority. Despite the BNP’s less-than-ideal record on secularism and minority protection, Hindus voted overwhelmingly for the party as the only viable alternative after the Awami League.
While Tarique Rahman has promised to restore law and order and guarantee equal rights for all religious groups, he has so far remained silent on the painful legacy of property seizures targeting primarily Hindus — a historical injustice that remains unresolved. The institutional entrenchment of the Vested Property Act — a longstanding legislation widely criticised as discriminatory for enabling the confiscation of Hindu-owned property — has been cited by rights groups and researchers as a key factor behind the dramatic decline of Bangladesh’s Hindu population share.
According to the first census of 1951, conducted after the creation of Pakistan in 1947, Hindus in East Pakistan, also known as East Bengal (present-day Bangladesh), accounted for at least 22 percent of the population. However, Bangladesh’s 2022 national census shows that the Hindu population share has fallen to below 8 percent. The proportion of Christians, Buddhists and other religious minorities has not experienced a similar decline over the same period.
Referring to the demographic contraction of the Hindu population, renowned Bangladeshi economist, Prof. Abul Barkat, issued a stark warning in 2016 stating that “no Hindus will be left in Bangladesh after 30 years”.
Barkat’s studies reveal that a large-scale outmigration of Hindus took place with 11.3 million fleeing from Bangladesh between 1964 and 2013. This translates to an average of 632 Hindus leaving the country each day and 230,612 every year. Barkat’s findings highlight that decades of land grabbing by the government under the Enemy Property Act during the Pakistan regime and the Vested Property Act have resulted in a staggering 60% of Bangladeshi Hindus becoming landless.
Estimates show that between 1965 and 2006,1.2 million Hindus lost a total of 2.6 million acres of land and other assets. In 2005, the US Department of State published that approximately 2.5 million acres of land were grabbed from Hindus, and nearly all the 10 million Hindus in the country were affected. In 2009, Bangladesh’s Daily Star reported that the Hindu community had lost as much as 45 percent of their landholdings.
In monetary terms, the total loss of land and movable assets incurred by Hindus exceeded $12 billion — roughly 88 percent of Bangladesh’s GDP in 2000.
The legal machinery behind the eviction of Hindus
The Vested and Non-Resident Property (Administration) Act of 1974, or the Vested Property Act of Bangladesh has a history marked by institutionalised marginalisation and dispossession of the country’s minority communities, particularly the Hindus. Critics have called it a draconian tool for systematic land expropriation and for stripping Hindu families of their homes and possessions.
The Vested Property Act traces its origins to discriminatory laws enacted in Pakistan after the 1947 Partition, when communal violence forced millions of Hindus from both West and East Pakistan (now Bangladesh) to seek refuge in India.
The following year, the East Bengal (Emergency) Requisition of Property Act empowered the government to acquire property for state purposes. Although intended for administrative needs in the newly formed province of East Bengal (East Pakistan), minority rights experts say it was widely used to seize property belonging to religious minorities, particularly Hindus who had left Pakistan.
The law later evolved into the East Bengal Evacuees (Administration of Immovable Property) Act, authorising the state to take over property belonging to “evacuees,” largely Hindus who had fled to India temporarily amid the communal violence. Their assets were declared “abandoned” and seized without compensation.
The Act established the Evacuee Property Management Committee, granting it sweeping powers to recover such property with minimal oversight, while barring judicial review of its actions. Many reported cases emerged of Hindu residents still residing in East Bengal who became classified as “evacuees” with their properties being illegally confiscated.
Following the 1964 East Pakistan riots, the government enacted the East Pakistan Disturbed Persons Rehabilitation Ordinance. Although intended to assist those affected, it barred Hindus leaving East Bengal from selling or transferring property without official approval. With limited access to authorities and fearing for their safety, many were forced to abandon their property and flee without compensation.
In 1965, following the India–Pakistan war, the military government introduced the Enemy Property Act(EPA), declaring India an enemy state and authorising the takeover of assets belonging to Indian nationals. While framed as a national security measure, researchers note that in practice, the government designated Hindus as “enemies” of the state, regardless of their nationality, by portraying them as supporters of India, making Hindu-owned properties the primary targets of the Act.
In contrast, Muslims who migrated to India or held Indian citizenship while residing in Pakistan were not deemed as “enemies” under the EPA, underscoring the law’s discriminatory application. A government circular allowed any seized Muslim-owned properties to be restored to owners or heirs, while minorities whose land was declared “enemy property” lost ownership permanently.
The EPA thus became an expedient tool to seize property from Hindus who either fled to India or stayed in East Bengal but were labelled as “enemies”. Critics argue the Act’s intent and application disproportionately targeted Hindus.
Bangladesh’s Vested Property Act as a Continuation of Discriminatory Laws
After seceding from Pakistan in 1971 to form an independent Bangladesh, Hindus continued to face challenges despite the country’s independence being achieved with India’s support. In 1974, the government reinforced earlier provisions under the Vested and Non-Resident Property (Administration) Act (VPA). Although the stated objective was to take control of properties formerly owned by Pakistanis and Hindus who fled during the liberation war, the law was widely used against Hindus still residing in Bangladesh.
In many cases, even a temporary departure was enough for authorities to seize property, and the absence of a single family member sometimes led to the confiscation of the entire family’s assets.
Beyond its structural bias, the VPA enabled collusion between local officials and powerful landowners to seize minority-owned land under the guise of state property. Some officials personally benefited, and a 1977 circular empowered Tehsildars (local government officials) to arbitrarily designate land as “enemy property.” They were incentivised to expand the list, enabling the takeover of Hindu-owned assets with scant regard for displaced families.
Land grabbing was often accompanied by violence.
Shipan Kumer Basu, President of The World Hindu Struggle Committee, noted that apart from the VPA, cases have emerged of Hindus falling prey to false accusations by authorities in order to acquire their land more easily.
The Vested Property Return Act and its Limitations
In 2001, the government led by the Awami League passed the Vested Property (Repeal) Return Act to return confiscated properties to the rightful owners.
However, the new legislation imposed strict conditions on restitution. Claims were limited to properties declared “enemy” or “vested” before February 1969 and only if such properties remained under government control, excluding large amounts of previously seized Hindu-owned land that had been sold or transferred. Properties in active government use or leased to authorised parties were also ineligible and could not be contested in court.
Claimants were required to prove continuous citizenship and residence in Bangladesh, with a narrow 90-day filing window, effectively excluding many who had fled communal violence.
Although special tribunals were established to resolve cases within 180 days, properties not validated or filed in time reverted to the state. The Act also offered no compensation to those unable to file claims, while its narrow scope limited access to justice for many affected families, including those whose properties were excluded from the official “vested” list.
In 2002, the new BNP-led coalition government further diluted the legislation through an amendment allowing the government indefinite time to release the list of “vested” properties and implement the restitution process. Consequently, the return of properties did not occur and additional confiscations continued. Estimates suggest that nearly 200,000 Hindu families were deprived of their lands since the BNP assumed office and 8 percent of the total incidents of land grabbing took place between 2001 and 2006 after the Return Act was enacted.
The 2011 Amendment: Gaps Between Law and Implementation
Barkat and his team’s extensive research gained significant traction and played a key role in mobilising a coordinated nationwide advocacy movement demanding the implementation of the Vested Property Return Act (VPRA) and the return of properties snatched from religious minorities.
Finally, the Awami League government passed the Vested Property Return (Amendment) Act in 2011. Between 2011 and 2013, four amendments were passed, the last being the Vested Property Return Bill. These amendments included the repeal of the ‘B’ Schedule — which referred to properties listed as vested but not in government possession — and the renaming of the ‘A’ Schedule, comprising properties held by the state, as “restorable property.”
Despite the legal reforms, human rights groups note that the actual restoration of property has been limited, with thousands of cases entangled in unresolved legal proceedings. Although large areas of vested land were officially “released” after the 2011 amendments, evidence suggests that this did not automatically translate into actual restitution. Rights groups reported that, in many cases, land was not returned even after tribunal rulings, while in 2018 the Bangladesh Hindu Buddhist Christian Unity Council claimed that no land had yet been returned to victims.
Persistent delays, administrative resistance and non-compliance with court decisions further indicate that much of the released land did not reach the original owners in practice. According to the Human Development Research Centre (HDRC), obstacles arise at multiple stages of the process — from local administration and land offices to the courtroom involving lawyers, public prosecutors and judges. A shortage of judges and the lack of priority given to cases under the Act further slow proceedings.
The financial burden is particularly heavy for poor and middle-class claimants, many of whom struggle to afford the legal fees and administrative costs. Moreover, informal payments are often required to move cases forward.
Rights activists also allege that illegal occupiers and land grabbers frequently manipulate the system, sometimes in cahoots with government officials.
In sum, these procedural shortcomings reflect a gnawing gap between legislative intent and implementation, highlighting the limited effectiveness of the restitution process in achieving the intended outcomes.
So far, the Awami League appears to be the only political leadership to have sought redress for Hindus by attempting to restore property rights. Now, with the country’s sole secular-leaning party pushed into political oblivion, the Tarique Rahman-led government has positioned itself as a defender of minority rights and as a guarantor of their protection. The continued failure to ensure effective restitution for Hindus raises concerns about the protection of their fundamental rights. This may serve as a critical test of Rahman’s stated commitments to minority rights and protection, as well as his ability to secure the trust of the Hindu community that extended significant electoral support to his party.