Enemy property law change to hit roadblock in Rajya Sabha

The Enemy Property (Amendment and Validation) Bill 2016 is unlikely to be passed anytime soon as four parties — Congress, JD(U), CPI and SP — have given dissent notes to the Rajya Sabha select committee report on the proposed amendments. These parties feel the original law was balanced and the fresh changes violate the basic principle of natural justice. They also feel the proposed changes will lead to “punishing” lakhs of Indian citizens and have no effect on an “enemy government”.

The NDA government is now in a minority in the Upper House, as a result of which some key bills, including the Goods and Services Tax Bill, have been stalled.

The representatives of the four parties — Janata Dal (United)’s K.C. Tyagi, Congress’ K. Rahman Khan, P.L. Punia and Husain Dalwai, Communist Party of India’s D. Raja and Samajwadi Party’s Javed Ali Khan — submitted dissent notes to the report tabled on Friday.

“The provisions of the present bill are contrary to the aforesaid principles, and if allowed to be inserted in the Act of 1968, not only the entire balance will be disturbed but the same will not sustain in the courts. Thus we are submitting this dissent note with the request that (it) may kindly be circulated as part of the committee’s report,” the dissent note said.

The MPs said in their view the bill’s provisions violated the basic principle of natural justice, human rights and settled principles of law. It also adversely affects and will punish lakhs of Indian citizens, they added.

In April, the government had promulgated an ordinance to amend the Enemy Property Act 1968 to guard against claims of succession or transfer of properties left by those who had migrated, mostly to Pakistan after the wars. The Act regulates these enemy properties, and lists the powers of the custodian.