Repeal Enemy (Vested) Property Act for National Interest
Repeal Enemy (Vested) Property Act for National Interest
[The Daily Star, November 29, 1998]
By Dr N C Bhowmik
The continuity of Enemy Property Act promulgated in Pakistan days is still in
force though the existence of the Act itself is inconsistent with the spirit
and values of the liberation war of Bangladesh. The proclamation of
Independence on 10th April, 1971 clearly says that all existing laws (then)
inconsistent with the norms, spirit and idlealogy of Bangladesh liberation war
shall be void. Though the reflection of this declaration was found in the 1972
constitution but this black law was not abolished. Surprisingly enough the
existence of the Act is inconsistent not only with the UDHR but also with the
provisions of the constitution itself.
The main source of production in this part of the world is land. After the
birth of Pakistan on two nation theory, the rulers used land to oppress the
religious minorities. The promulgation of enemy property act gave legal basis
to use this weapon against religious minorities. All democratic parties and
people call it a black law and promise to abolish it, yet it has never been
done. The attitude of the government in power is disheartening not only to the
religious minorities but also the democratic and progressive force of the
country.
Establishment of Pakistan, People's Movement and Communal Oppression
As Pakistan was established on the two nation theory from the very beginning
the rulers were quick to smash any kind of democratic movement. They
deliberately used communal tactics to drive out religious minorities from
their home land and to suppress all kinds of movement. To throw the religious
minority people into difficult economic and social conditions the then
Pakistan Government promulgated many laws and ordinances. Chronologically
they are: The East Bengal (Emergency) Requisition of Property Act (XIII of
1948), The East Bengal Evacuees (Administration of Property) Act (VIII of
1949), The East Bengal Evacuees (Restoration of Possession) Act (XXII of
1951), The East Bengal Evacuees (Administration of Immovable Property) Act
(XXIV of 1951), The East Bengal Prevention of Transfer of Property and
Removal of Documents and Records Act of 1952, The Pakistan (Administration of
Evacuees Property) Act (XII of 1957), The East Pakistan Disturbed Persons
(Rehabilitation) Ordinance (No 1 of 1964), The Defence of Pakistan Ordinance
(No. XXIII of 6th September, 1965), The Defence of Pakistan Rules of 1965,
The Enemy Property (Custody and Registration) Order of 1965, The East
Pakistan Enemy Property (Lands and Buildings Administration and Disposal
Order of 1966. The Enemy Property (Continuance of Emergency Provision)
Ordinance No. 1 of 1969. Bangladesh (Vesting of Property and Assets)
President's (Order No. 29 of 1972). The Enemy Property (Continuance of
Emergency Provisions) (Repeal) Act (XLV of 1974), The Vested and Non-Resident
Property (Administration) Act (XLVI of 1974). The vested and Non-Resident
(Administration) (Repeal) Ordinance 1976 The Ordinance, (No. XCII of 1976).
The Ordinance No. XCIII of 1976.
The Rise of Bangladesh and the Enemy Property Act: The Old Wine in New Bottle
After a long struggle and a bloody war of Independence the rise of Bangladesh
naturally conveyed the message to the democratic and progressive forces that
the communally promulgated Enemy Property Act would not continue. The Mujib
Nagar Declaration which speaks to end laws of this kind found reflection in
our original constitution of 1972. But it was a classic irony that newly born
Bangladesh saw the continuation of two mutually opposed things
simultaneously. One a secular democratic constitution and the other the
continuance of the Enemy Property Act though in a new name.
In Independent Bangladesh on 26th March of 1972 Bangladesh (Vesting of
Property and Assets) President's order No. 29 replaced former Enemy Property
Act. In 1974 the Act was practically declared void by promulgating 'The Enemy
Property (Continuance of Emergency Provisions) (Repeal) Act XLV. But
immediately after words another declaration named the Vested and Non-resident
Property (Administration) Act XL VI of 1974 brought the above act into force.
After the take over the power by Ziaur Rahman Order 92 of 1976 was issued
repealing Order 46 of 1974. In 1974 a new oppressive 'Enemy Property'
(Continuance of Emergency Provisions) (Repeal) (Amendment) Ordinance (No. 93)
1976 was promulgated. It was given retrospective effect for 23rd March 1974.
In 1974 Act, the transfer of vested property was made subject to the consent
of the owner. But Ziaur Rahman's Government cancelled the provision and the
Government got absolute power to control or administer properties. It was a
gross violation of succession law of the minority communities and the
successors of migrated religious minorities lost all their rights on vested
property. The principle of secularism which is basis to democracy was
abolished from the constitution in April 1977. And then it was included in
the 5th amendment of the constitution in 1979.
In May 1977 by passing another circular for searching hidden vested property
Ziaur Rahman's Government undertook the power to capture the lands of the
religious minorities. On July 31, 1984 the then President Ershad made a
declaration that no further property would be enlisted and confiscated as
enemy property. From 1965 to 1984 Order No. 45 of 1974 of AL Government and
Ershad's declaration of 1984 may be considered two steps to reduce the level
of oppression. But after the 8th amendment introducing Islam as state
religion these went in vain. After the 8th amendment the insecurity of the
religious minorities was increased. In 1989, 1990, 1991, 1992 large scale
attacks on religious minorities were made and lands were confiscated as enemy
property.
On November 4, 1993 the then BNP Government made another declaration for
scrutiny of the census list of the enemy properties. This declaration was
another initiative to use the 'Act' to harass and oppress the religious
minorities in Bangladesh. In a changed political situation the present govt.
issued two circulars from the ministry of land on November, 14, 1996 the gist
of which is -1. (a) Not to enlist any more property as enemy vested properly.
1. (b) Without prior permission of the land ministry no member of Hindu,
Buddhist, Christian communities shall be evicted out. 2. In land survey the
land property of religious minorities should be properly assessed.
Disastrous Consequences of the Act
The sufferings of minorities in Bangladesh have multiple dimensions such as
economic, political, constitutional and socio-cultural. Their sufferings have
multiplied due to the promulgation of the various black ordinances and laws in
the last fifty years during both Pakistan and Bangladesh period.
In Last March 1996 Professor Abul Barkat and Shafiq Uzzaman showed in a
seminar that the approximate number of families victimised under the enemy
property act. is 10, 48, 390 and the total area of land lost is not less than
10 lakh acres.
A report by Daily Sangbad on 21st March 1977 shows that according to
government census 7,02,335 acres of cultivable land and 22,835 dueling houses
are enlisted as enemy property.
Another investigation shows that since 1948,
75% of the land of religious minorities was been usurped, the same has been
done on indigenous and tribal peoples' property.
In ALRD seminar four kinds of method are mentioned. They are: (1) Forceful
dispossession (2) Possession by govt. or lease (3) Possession but not
ownership (4) Always in fear of dispossession.
An independent analysis shows
that 80% of the religious minorities can not take any remedial steps because
of weaker social and religious position. 15% of the rest have lost almost
every thing in trying to recover their land. The last 5% could however get
lease in exchange of money.
Exodus of Minority
Migration is the ultimate consequence of black laws since 1948, state
communalism, discrimination, persecution and oppression on minorities. The
readers will get an accurate scenario of migration from the following
statistics.
In 1947 the proposition of the religious minorities was 29.7% of the total
population. Before 1971 it was 19.6%, in the 1974 census it was 14.6% and in
1991 it was 11.7%. The average number of family member in Bangladesh of
Muslim, Hindu, Buddhist and Christian is 5.7, 5.5, 5.9, 5.4 respectively. The
statistics shows that 1 crore 25 lakh people migrated in the Pakistan period
and 1 crore in the Bangladesh period-from 1971 to the present. Even
government statistics admit that the number is around 50 lakh. The weekly
Holiday showed in 1991 that from 1974 to 1991 29 lakh 50 thousand people left
the country. C.C. H.R.B statistics show that in the last 50 years 2 crore
Hindu citizens left the country. If the Buddhists and Christians are added it
will be 2 crore and 25 lakh.
Movements against the E.P. Act and Political Commitment
The whole nation protested against undemocratic, anti people and arbitrary
black laws and ordinances in the Pakistani period in a body. Our glorious
liberation war also upheld the promise to abolish all kinds of black laws.
Though immediately after liberation war the term 'enemy' was replaced by
'vested' in the post '75 period it became most aggressive and oppressive. In
1979 a committee protesting against the Enemy Property Act was formed. The
1990 declaration of the three principal political groups clearly promised to
abolish all black laws and to establish the spirit and values of the
libertarian war. Before the June Election of 1996 the ruling party (AL)
council promised to abolish the Act. Speakers of both the 1991 and the 1996
parliaments clearly said that the Act was black and demanded its abolition.
It is notable that the honourable Speakers of the 1991 and the 1996
parliament were BNP and AL candidates respectively. People of the
pro-liberation and progressive patriotic front saw the act and its
consequences as against national integrity, human rights, democratic norms
and the rule of law. [The Daily Star, November 29, 1998]
