Rajasthan's Proposed Adoption of Gujarat's 'Disturbed Areas' Act: A Deep Dive into the Controversial Legislation
The Rajasthan government has initiated a significant legislative move by deciding to introduce a bill that would designate specific zones as "disturbed areas" within the state. This proposed legislation aims to address what authorities term as "demographic imbalance" and "improper clustering" in certain regions. While the complete text of the bill remains unavailable to the public, it has already sparked comparisons with Gujarat's long-standing Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991.
Understanding the Gujarat Disturbed Areas Act of 1991
Originally enacted in 1991 following a series of communal riots in Gujarat, this legislation was designed with a specific purpose: to prevent "distress sales" of property. These occur when individuals are compelled to sell their assets at prices significantly below market value due to fear of violence or intimidation, typically during periods of communal unrest. The Act empowers the state government to declare particular areas as "disturbed" based on historical patterns of communal violence or mob disturbances.
Once an area receives this designation, any transfer of immovable property—including houses, shops, or land—within that zone requires prior approval from the district collector. Without this official sanction, all sales or transfers are considered legally void. The collector must conduct a formal inquiry to ensure that transactions are genuinely consensual and not driven by coercion or fear.
Legal Challenges and Constitutional Concerns
Despite its stated objective of protecting vulnerable property owners, the Gujarat Disturbed Areas Act has faced substantial criticism from legal experts and civil rights activists. The primary concerns revolve around its potential conflict with fundamental constitutional rights:
- Article 19(1)(e) of the Indian Constitution guarantees every citizen the right to reside and settle in any part of the country.
- Article 15 explicitly prohibits discrimination based on religion, race, caste, sex, or place of birth.
Critics argue that by regulating who can purchase property in designated areas, the state effectively polices demographic composition, potentially hindering the organic mixing of communities and raising serious questions about individual freedoms.
Gujarat High Court's Interventions and Judicial Scrutiny
The Gujarat High Court has played a crucial role in monitoring the implementation of this legislation, frequently intervening to check executive overreach. Through a series of significant judgments, the court has established clear limitations on how the law should be applied:
- The collector's authority is strictly confined to verifying free consent and fair market value in property transactions.
- Officials cannot block genuine sales based on speculative "law and order" concerns or objections from neighbors.
- Neighbors have no legal standing to interfere with private contracts between willing buyers and sellers.
In multiple cases, the High Court has quashed collector decisions that exceeded these boundaries, emphasizing that the law's core purpose is to prevent distress sales—not to manage community demographics or prevent lawful property transfers.
Pending Legal Challenges and Recent Developments
The constitutional validity of the Gujarat Disturbed Areas Act remains under active challenge before the Gujarat High Court. Two major petitions filed in January 2021 and August 2022 are currently awaiting adjudication. While interim stays on the Act's operation have been declined by both the High Court and Supreme Court, petitioners achieved a partial victory regarding amendments made in 2020.
The Gujarat government had attempted to expand the Act's scope by introducing vague terms like "proper clustering" and empowering collectors to assess whether property transfers would disturb "demographic equilibrium." In January 2021, the High Court stayed these specific amendments, restraining the state from using these broader powers—a stay that remains in effect today.
Rajasthan's Proposed Legislation and Future Implications
Rajasthan's Law Minister has framed the proposed bill as a measure to maintain communal harmony within the state. However, the language used—particularly references to "improper clustering"—closely mirrors the stayed amendments from Gujarat's legislation. This similarity has raised concerns among legal observers about potential constitutional issues and the appropriate scope of state intervention in private property matters.
As Rajasthan moves forward with this legislative initiative, several key questions remain unanswered:
- How will the state define "disturbed areas" in practice?
- What safeguards will be implemented to prevent misuse of the law?
- How will the legislation balance property rights with stated social objectives?
The development represents a significant moment in Indian property law, with potential implications for how states address demographic concerns while respecting constitutional protections and individual freedoms.
