The Enemy Property Act, 1968 is an Act of the Parliament of India, which enables and regulates the appropriation of property in India owned by Pakistani nationals. The act was passed following the Indo-Pakistani War of 1965. Ownership is passed to the Custodian for Enemy Property for India, a government department. There are also movable properties categorized as enemy properties.

Minister of State for Home Affairs Kiren Rijiju in Modi Government introduced the Enemy Property (Amendment and Validation) Bill, 2016. The measure seeks to replace an ordinance promulgated to this effect on 7 January 2016.

The 2016 bill seeks to do the following:

• The Bill amends the Enemy Property Act, 1968, to vest all rights, titles and interests over enemy property in the Custodian for the Enemy Property for India.
• The Bill declares transfer of enemy property by the enemy, conducted under the Act, to be void. This applies retrospectively to transfers that have occurred before or after 1968.
• The Bill prohibits civil courts and other authorities from entertaining disputes related to enemy property.

The Bill was passed by the Rajya Sabha on 10 March 2017. The Bill, with amendments made in the Rajya Sabha, was passed by the Lok Sabha on 14 March 2017.

Key Issues and Analysis:

• This act allows the transfer of enemy property from the enemy to another person.
• The bill prohibits civil courts from entertaining any disputes from enemy properties. The act does not provide any alternative tribunals (judicial remedy). Therefore, it limits recourse or access to courts that are available to persecuted people.

The origin of the law:

After India’s war with China in 1962 and its two wars with Pakistan in 1965 and 971, India took over enemy properties under the Defence of India Rules. In 1968, the Indian government executed the Enemy Property At, which explained that the enemy property will continue to be under the control of Indian custody. The recently passed bill explains that certain provisions of this 50-Year-old piece of legislation.

Need to know:

Spurning the terms of the Tashkent Declaration, Pakistan was predisposed of all enemy properties in 1971. India and Pakistan had contracted the Declaration after the1965 war and had chosen to examine the probability of delivering of enemy properties in the direction of each side.

There are over 16,000 enemy properties all over India, worth of crores. The
classification process is still on. This indicates the number of enemy properties may arise in the prospect.