Enemy Property (Amendment and Validation) Bill, 2016

Lok Sabha has passed the Enemy Property (amendment and validation) bill after 5 consecutive ordinances.

What is it?

• The Enemy Property Amendment and Validation Bill 2016, is an amendment to Enemy Property Act of 1968 which was enacted after the Indo Pak war of 1965.
• “Enemy Property” refers to any property belonging to, held or managed on behalf of an enemy, enemy subject or an enemy firm.
• The bill denies inheritance rights to heirs of individuals who left the country for Pakistan and China. No Indian heir belonging to the enemy can claim the property.
• The Government has vested all rights, titles and interests over these properties in the Custodian of Enemy Property of India. This provision is also mentioned under defense of India rules framed under Defense of India Act.

What are the amendments?

• The amended bill declares transfer of enemy property by the enemy conducted under the act to be void. This applies retrospectively before or after 1968. And it also proclaims all the judgments regarding it to be void.
• Even if the enemy or the enemy firm ceases to be an enemy by any reason either of death or the heir being an Indian Citizen, even then the property remains with Custodian of Enemy Property. And the heir won’t have any right over it.
• The bill has also prohibited any court to hear inheritance cases regarding the enemy property as well.

What are the issues?

• The opposition says the bill is anti-minority and will target Muslims in general and will have a severe financial impact over them.
• It has also been argued that the bill stands in violation of Article 14 as it doesn’t provides the Indian Citizen who are the heirs of those who have moved to the enemy lands ( China and Pakistan )
• No legal remedy is available since the bill has also banned courts from hearing cases of Enemy property. Also no tribunal is available to make any corrective measure. Therefore it is against the concept of Justice.

What is said in favour of this bill?

• Since Pakistan has already disposed of the properties of Indian Citizen in 1971, it is equal to natural justice.
• Moreover, those who have occupied the property (i.e. the tenants), will be governed via Tenancy Act only.

Way Forward:

Those advocating the importance of this bill argue for a better utilization of Enemy property. The Combined worth of the Enemy Property is more than 1 lakh Crores, which should be used in development works or can be utilized in a better way. Moreover the tenants of those properties should be given the facilities which were until now not provided to them.