The Rajasthan government has decided to introduce a Bill designating certain zones as “disturbed areas” to curb what it terms “demographic imbalance” and “improper clustering”. While the Bill is not yet in the public domain, it is already drawing comparisons with the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991, which has been in force in Gujarat for over three decades.
The Rajasthan Law Minister has framed the proposed Rajasthan Prohibition of Transfer of Immovable Property and Provisions for Protection of Tenants from Eviction from the Premises in Disturbed Areas Bill, 2026, as a measure to maintain communal harmony. However, legal experts and civil rights activists have long articulated concerns regarding the constitutional validity of the Gujarat legislation. The Gujarat High Court has also frequently intervened to check executive overreach under the law, narrowing the scope of the state’s power to interfere in private property transactions.
What is the Gujarat Disturbed Areas Act?
Enacted in 1991 following a series of communal riots, the Gujarat Disturbed Areas Act was originally conceived to prevent “distress sales”, which occur when an individual is forced to sell their property at a value lower than the market rate due to fear of violence or intimidation – usually during communal unrest.
Under the Act, the state government can declare a specific area as “disturbed” due to a history of communal violence or mob unrest. Once an area is notified, the transfer of immovable property – houses, shops or land – in that zone requires the prior sanction of the district collector. Without their approval, any sale or transfer is considered void. The collector must hold a formal inquiry to ensure the sale is consensual and not driven by coercion.
While the stated objective of the Act is to protect vulnerable owners from being forced out, legal scholars have raised concerns that the Act effectively allows the state to police the demographic composition of neighbourhoods. By regulating who can buy property where, the state can prevent the organic mixing of communities, raising questions regarding Article 19(1)(e) of the Constitution, which guarantees every citizen the right to reside and settle in any part of the territory of India and Article 15 of the Constitution, which prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
This story was originally published in indianexpress.com. Read the full story here.
