Lok Sabha passes bill to amend law on land left by migrants

The Lok Sabha on Wednesday passed a bill which facilitates amending a 48-year-old law to guard against claims of succession or transfer of properties left by people who migrated to Pakistan and China after the wars.

The Enemy Property (Amendment and Validation) Bill, 2016, which amends the Enemy Property Act, 1968, was passed by voice vote amid the Modi government’s assertion that the measure should not be seen from the prism of religion or caste. A demand by the Opposition for sending it to standing committee of Parliament was also turned down.

Replying to a debate on the bill, Union home minister Rajnath Singh said, “It does not pertain to Pakistan alone, but also to those Chinese who left India after the 1962 Sino-India War. Even their property comes under the ambit of this bill.”

In the wake of the Indo-Pak wars of 1965 and 1971, there was migration of people from India to Pakistan and under the Defence of India Rules framed under the Defence of India Act, the Government of India took over the properties and companies of such persons who had taken Pakistani nationality. These properties were vested by the Central government in the Custodian of Enemy Property for India.

The amendments include that once an enemy property is vested in the custodian, it shall continue to be vested in him as enemy property irrespective of whether the enemy, enemy subject or enemy firm has ceased to be an enemy due to reasons such as death etc.

The new bill also ensures that the law of succession does not apply to enemy property.

The amendments are aimed at plugging the loopholes in the Act to ensure that the enemy properties that have been vested in the custodian remain so and they do not revert back to the enemy subject or enemy firm.

The Enemy Property Act was enacted in 1968 provided for the continuous vesting of enemy property in the custodian.

The Central government through the custodian of enemy property for India is in possession of enemy properties spread across many states in the country. In addition, there are also movable properties categorised as enemy properties.

After the 1965 war, India and Pakistan signed the Tashkent Declaration on January 1, 1966 which included a clause which said that the two countries would discuss the return of the property and assets taken over by either side in connection with the conflict.

However, the Government of Pakistan disposed of all such properties in that country in 1971 itself, which left no scope for talks on this issue.

Seeking to allay fears that the bill could be struck down by the judiciary, Mr Singh said legal opinion has been sought from the attorney-general as well as the law ministry. He said the previous UPA government had brought similar amendments in the Act in 2010 through an ordinance.

With the amendments, the property vested in the hands of the custodian would continue to remain in his hands and the inheritance law will be not be applied to that property, Mr Singh said.

During the debate, the Opposition parties slammed the government for taking the ordinance route earlier to amend the act saying there was no urgency or exigency for bringing in ordinance. They said the ordinance route is not a sign of “good governance.”

Opposing the measure, Congress MP Shashi Tharoor said it was a “dangerous” step that would “create problems” and pressed for referring it to the standing committee.

“We are contemplating to pass the bill where certain people (will be) called as enemy... It will affect interest of lakhs of people,” the former minister said, adding the government should not take any step in haste. “It will create two types of Indians... We are bifurcating the very idea of Indian citizenship,” he said, adding it would affect the interest of minority people, particularly Muslims.

The UPA bill on the issue did not go to this level, Mr Tharoor claimed and this bill says that the judiciary would not have any say. “My grave concern boils on to the legal principle,” he added.