Rajasthan's Disturbed Areas Bill draws scrutiny for regulating property transfers and potential communal bias
The Rajasthan Prohibition of Transfer of Immovable Property in Disturbed Areas Bill, 2026, passed by the Legislative Assembly, aims to regulate property transactions in areas declared "disturbed" due to communal violence or public disorder. The law mandates prior administrative approval for property transfers in notified areas, treating unapproved transactions as invalid and imposing penalties. Critics raise concerns about its constitutional validity, potential for misuse, and its impact on communal polarization. Comparisons are drawn to Gujarat's Disturbed Areas Act, which has been criticized for institutionalizing residential segregation. Opponents argue it could slow real estate, allow arbitrary classifications, and reinforce ghettoisation, rather than promoting integration.
Key Points
- The Rajasthan Bill seeks to regulate property transfers in areas designated as "disturbed" due to communal violence or public disorder.
- It mandates prior administrative approval for property transactions in notified areas, with violations leading to invalid transfers and penalties.
- Critics question the Bill's constitutional validity, particularly concerning Article 14 (equality before law) and Article 300A (right to property).
- Concerns include potential misuse, increased bureaucratic oversight, arbitrary classification of areas, and reinforcement of communal segregation.
- The Bill draws comparisons to Gujarat's Disturbed Areas Act, which has been criticized for institutionalizing residential separation.
Exam Facts
- The Rajasthan Prohibition of Transfer of Immovable Property in Disturbed Areas Bill was passed on March 6.
- The Bill's Section 3(1,2) allows the State government to declare areas as 'disturbed'.
- Section 5(1,2) mandates prior approval from the District Magistrate or Collector for property transfers.
- The right to property was removed as a fundamental right by the 44th Amendment to the Constitution in 1978, but remains protected under Article 300A.
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