ENEMY PROPERTY (Syllabus: GS Paper 2 – Gov. policies)

Context: A parcel of land in Uttar Pradesh, once owned by the family of former Pakistan President, will be auctioned under the Enemy Property Act.

Enemy Property

• About: It refers to assets left by individuals who migrated to China and Pakistan during or after the India-China war (1962) and the India-Pakistan wars (1965, 1971) and acquired citizenship of these countries.
• Custodianship by: Indian Government
• Legal Framework:

oEnemy Property is managed under: Defence of India Act (1962) and the Enemy Property Act (1968).

oClassification of Enemy Property: Immovable properties of those who migrated to Pakistan after the partition of 1947 or during the 1965 and 1971 wars were declared as ‘enemy property.’

oThe descendants of these individuals, who are now Indian citizens, were also categorized under this 'enemy' classification.

oTashkent Declaration 1966: This declaration said India and Pakistan would discuss the return of the property and assets taken over by either side in connection with the conflict.

üHowever, the Government of Pakistan disposed of all such properties in their country in the year 1971 itself.

oEnemy Property Act (1968): It provided for the continuous vesting of enemy property in the Custodian of Enemy Property for India. 

üThe central government, through the Custodian, is in possession of enemy properties spread across many states in the country.

üSome movable properties too, are categorised as enemy properties.

oAmendment to Enemy Property Act: The 2017 amendment expanded the definition of ‘enemy subject’ to include those who no longer hold enemy country citizenship.

üThe amended law provided that enemy property shall continue to vest in the Custodian even if the enemy or enemy subject or enemy firm ceases to be an enemy due to death, extinction, winding up of business or change of nationality, or that the legal heir or successor is a citizen of India or a citizen of a country which is not an enemy.