Disturbed Areas Act challenged in Gujarat HC

AHMEDABAD: Two petitioners have moved the Gujarat prime court on Wednesday, searching for the abolition of the state’s arguable Disturbed Areas Act, on the floor that it violates constitutional rights to property and freedom.
The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants From Eviction From Premises in Disturbed Areas Act used to be first offered in 1986, but used to be revoked later best to be reintroduced in 1991.

This law prevents an adherent of 1 faith from selling/buying a property to/from an adherent of some other faith in areas notified under the Act. The rationale the state govt gave used to be that it will protect people from being forcibly evicted by way of members of other religions in areas where there used to be communal pressure.

The petitioners, Nishant Varma and Danish Qureshi, contended that this law is towards the Constitution and violates citizens’ rights. The contended that the state govt had didn't handle communal cohesion in Gujarat, if this sort of law used to be required. They held that there may be hurdles to establishing peace, but the govt cannot search shelter in this sort of law.

The petitioners cited Gujarat’s stories to the National Crime Records Bureau (NCRB) has been persistently appearing that the state does no longer witness communal violence at the next price than different states. The scenario is not alarmingly anxious in Gujarat.


On the other hand, the state govt has been expanding protection of the law to cover extra localities across the state. This raises the issue that if the NCRB stories are true and communal cohesion prevails in Gujarat, then there is no need for the Disturbed Areas Act.


The petitioners alleged that the state govt has caught to this law and is including extra areas to it to further its political time table and no longer as a result of it's important, Qureshi mentioned.


This petition is more likely to arise for listening to on Friday.


Disturbed Areas Act challenged in Gujarat HC Disturbed Areas Act challenged in Gujarat HC Reviewed by Kailash on May 03, 2018 Rating: 5
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