New law to stop exodus in disturbed area of Rajasthan

 

New law  to stop  exodus  in disturbed area of  Rajasthan

 Article 19 of the fundamental rights in the constitution of India accounts for Right to freedom, which includes  Right of the citizens of India to reside in settle in any part of the territory of India. This right is not absolute as much as  reasonable restrictions on the exercise of this right can be imposed in the interest of the general public. It is widely reported in the media that the Act known as the Rajasthan probation  of transfer of immovable property, and provision for protection of tenants, from eviction, from premises in disturbed area, Act 2026.It is said to be  restricting transfer of the property.

 

It is widely debated that this is the first act which imposes  restrictions on transfer of property. But the state of the  law of the land is that  enjoyment of the property which includes transfer of  property is governed  by transfer of property act, as well as other acts, which includes Contract  Act land, Rajasthan revenue act, Rajasthan Tenancy Act, Rajasthan  Rent control act, Registration Act, etc. Any land owned by persons belonging to scheduled tribe and schedule caste cannot be sold or transferred to persons not belonging to the schedules caste and schedule tribe. Similarly, the nature of the land under the Rajasthan tenancy  act, cannot be changed.Also there are provisions which regulate the transfer of the property under  Tribal sub plan  and non tribal sub plan  areas which has been well recognized by the constitution of India and regulated by the  Orders of the President and the Governor.

 

There is a word in the Act 2026  that is known as disturbed area. There is furore  over this word as if this is a new word as much as it  is well known that each and every Office of district collector and District superintendent of police  is required to conduct  a survey for the identification of the sensitive area in the concerned district . So that law and order could be maintained in the interest of the people. This exercise of  identification of the sensitive area is with the aim of  preserving law and order in the territorial reduction of the police officer for enjoyment of the fundamental rights as promised by the Constitution of India

 

The  2026 deals with another instrument employed  by the certain  section of the society, which poses a threat to the demographic equilibrium and the social harmony of Rajasthan. Therefore Act 2026 aims  to prevent improper clustering, which refers to the concentration of a single community due to coercive or distress driven circumstances that may lead to communal tension or the erosion of localities mixed community character. The Act also seeks to provide protection to tenants of immovable properties in disturbed areas from eviction .

 

Illustration of the Naokhali riots in Bengal   in the constitution of India with Gandhi ji trying to secure peace is a constant reminder that any attempt sought to achieve the further division of the country needs to be nip at the bud.This illustration was duly signed by all the honorable members of the constituent assembly .We , the people of India can not and should not forget the horrors of the partition , genocide in republic India in Kashmir and ongoing mass exodus of population belonging to the majority population in various parts of India including various districts of Rajasthan . The mass exodus is not fortuitous. It is by design . This results in distress sale hence this Act seeks to redress the malaise which can be described as manufacturing consent , the term coined by Noam Chomsky.

 

Adverting to the above fact it is wrong and selective reading of the  Act that collector is empowered to declared the area as disturbed area in an arbitrary manner .  It is misreading of the Act that collector enjoys unfettered powers . Such conclusions are results of the illiterate reading of the legal document .The Act sets forth full mechanism to ensure the principles of natural justice in time bound manner . The provisions of appeal and revision are the assurance of equality and justice as per the Fundamental Rights of the Constitution of India .

 

Formation of Special Investigation Team further fortifies reasonableness in the implementation of the Act 2026. It role involves in assisting the government   in forming opinion before declaration of any area to be a disturbed area , assisting  the competent authority in examining the cases as may be referred by it before grant of sanction, assisting  the Monitoring and Advisory Committee in gathering necessary information in regard to proper clustering of persons of the community.

 

This Acts 2026 is piece of legislation to protect the resident citizens of India to enjoy the freedom of reside and stay in Rajasthan with reasonable restrictions seeking controlling , regulation, supervising and monitoring rights of tenants and  mass exodus in sensitive - disturbed areas of various districts of Rajasthan