TITLE:
Right to Property in South Asian Constitutions: A Comparative Analysis
AUTHORS:
Shariful Islam, Aynal Haque, Faysal Abdullah, Anika Nargis
KEYWORDS:
South Asian Countries, Comparison, Constitution, Fundamental Rights, Right to Property
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.3,
September
19,
2024
ABSTRACT: South Asian countries are deeply connected with each other on several social, cultural, and political issues. As per property rights, they have diversified views. This paper aims to compare the property rights of South Asian countries as per their constitutions. In this regard, the constitutional framework of eight South Asian countries is discussed throughout the whole paper. These countries are Bangladesh, Pakistan, India, Afghanistan, Nepal, Bhutan, Sri Lanka, and the Maldives. While comparing the constitutional frameworks of these countries, a common factor is found in most of the countries’ constitutions, which is making property rights a fundamental right. That is undoubtedly a supreme recognition of property rights. Few countries that do not recognize property rights as their fundamental rights and they have some strong views and historical perceptions, which is another viewpoint of this paper. It is challenging to compare them within one roof, but regardless, this comparison may add the most significant and interesting ideas in South Asian property-related matters.