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A plot of land in Uttar Pradesh, once owned by the family of former Pakistan President Pervez Musharraf, is scheduled to be auctioned under the provisions of The Enemy Property Act.
Historical Context
- The origin of the Enemy Property Act can be linked back to the Defence of India Rules that were brought into action in 1962 with the context of Indo-Pakistani wars.
- In the wake of the wars of 1965 and 1971 the Indian government acquired properties of those persons who had migrated to Pakistan or China and these properties were termed as enemy properties.
- The Act legalised the process making it possible for the government to continue in the management and control of these properties.
Overview of the Enemy Property Act
- The Enemy Property Act, enacted in 1968, serves as a legal framework for the management and appropriation of properties left behind by individuals who migrated to enemy countries, particularly Pakistan and China, during periods of conflict.
- This legislation was a response to the geopolitical tensions arising from the Indo-Pakistani wars and the Sino-Indian war, which necessitated a structured approach to handle properties owned by individuals who were deemed enemies of the state.
Amendments and Legal Framework
- The Enemy Property (Amendment and Validation) Act, 2017, the major amendment to the original one from 1968 was made. One of them was the change in which it was stated that heirs of those who moved to enemy countries would have no right to any property.
- This amendment was intended to dispel any question about succession rights and thereby further consolidate the government’s position on enemy properties.
- The 2017 amendment also extended the definition of the enemy subjects and firms with provisions to prevent the legal heirs and successors including those of foreign origin getting any right in these properties.
- The Act clearly provides that the enemy properties are vested in the Custodian notwithstanding that the original enemy or his heirs may cease to be an enemy NG by reason of change of domicile or source of income or change of nationality or by reason of other like circumstances.
Custodian of Enemy Property
- The Custodian of Enemy Property for India plays a crucial role in the implementation of the Enemy Property Act.
- This government authority is responsible for identifying, managing, and disposing of enemy properties in accordance with the provisions of the Act.
- The Custodian has the power to declare properties as enemy properties after conducting necessary inquiries and can issue certificates to this effect.
Powers and Responsibilities
The Custodian is empowered to:
- Manage Enemy Properties: Some of the tasks include: supervise the management of the enemy properties, make sure that they are properly managed, and protected.
- Dispose of Properties: Subject to the approval of the central government, the Custodian can dispose of any enemy properties through sale or otherwise which enables him to auction or otherwise dispose of such properties.
- Legal Authority: According to the provisions of the Act, civil courts cannot entertain any suits that are taken related to enemy property making it easier to deal with as power is concentrated.
Current Status and Future Implications
- According to the recent information available, there are around 12, 426 enemy properties all over India which are assessed at about one lakh crore rupees.
- Most of these properties are situated in UP and West Bengal and such properties are usually old buildings or inherited by families.
- The government has started the processes of privatising these properties and this is a move towards tapping on the use of these properties for economic returns.
Implications of the Act
- Enemy Property Act has serious repercussions continuing in India and as to the property rights and legal structure in the country.
- For this reason, the Act does not grant succession rights to the heirs of persons who have moved to enemy states so as to eliminate possible future legal controversies over the property.
- This has been criticised because it may lead to infringement of property rights and affected individuals do not have any chance of seeking justice from the courts.
Conclusion
The Enemy Property Act remains a critical piece of legislation in India’s legal framework, reflecting the complexities of property rights in the context of national security and historical conflicts. As the government moves forward with the auctioning of enemy properties, the implications of this Act will continue to resonate within the realms of law, property rights, and economic policy. The balance between national interests and individual rights will be a key consideration as India navigates the challenges posed by its historical context and contemporary legal landscape.
Source: Indian Express, prsindia