Polity & Governance
- Enemy Property Ordinance, 2016 Promulgated
- Centre cleares Jallikattu in T.N., bullock cart race in Maharashtra
- Draft policy aims to ease leasing of agricultural land
Polity & Governance
Enemy Property Ordinance, 2016 Promulgated
The President of India has promulgated the Enemy Property (Amendment and Validation) Ordinance, 2016 to make amendments to the Enemy Property Act, 1968.
The amendments include:
The amendments through the Ordinance include that:
- Once an enemy property is vested in the Custodian, it shall continue to be vested in him as enemy property irrespective of whether the enemy, enemy subject or enemy firm has ceased to be an enemy due to reasons such as death etc;
- Law of succession does not apply to enemy property;
- There cannot be transfer of any property vested in the Custodian by an enemy or enemy subject or enemy firm and
- The Custodian shall preserve the enemy property till it is disposed of in accordance with the provisions of the Act.
- The above amendments to the Enemy Property Act, 1968 will plug the loopholes in the Act to ensure that the enemy properties that have been vested in the Custodian remain so and they do not revert back to the enemy subject or enemy firm.
- The Enemy Property Act was enacted in the year 1968 by the Government of India, which provided for the continuous vesting of enemy property in the Custodian.
- The Central Government through the Custodian of Enemy Property for India is in possession of enemy properties spread across many states in the country. In addition, there are also movable properties categorized as enemy properties.
- To ensure that the enemy property continues to vest in the Custodian, appropriate amendments were brought in by way of an Ordinance in the Enemy Property Act, 1968 by the then Government in 2010.
In the wake of the Indo-Pak war of 1965 and 1971, there was migration of people from India to Pakistan. Under the Defence of India Rules framed under the Defence of India Act, the Government of India took over the properties and companies of such persons who had taken Pakistani nationality. These enemy properties were vested by the Central Government in the Custodian of Enemy Property for India.
After the 1965 war, India and Pakistan signed the Tashkent Declaration on in 1966. The Tashkent Declaration inter alia included a clause, which said that the two countries would discuss the return of the property and assets taken over by either side in connection with the conflict. However, the Government of Pakistan disposed of all such properties in their country in the year 1971 itself.
Centre cleares Jallikattu in T.N., bullock cart race in Maharashtra
The Centre has issued a notification to permit jallikattu, Tamil Nadu’s traditional bull-taming sport, ahead of the Pongal festival.
- The present order permits jallikattu — and bullock cart races in Maharashtra, etc. — despite Attorney General Mukul Rohatgi reportedly advising the government against revoking the ban in view of the Supreme Court’s ruling.
- There was also pressure from Maharashtra, where there has been a tradition of bullock cart races.
- The notification overturns a 2011 notification that prohibited the exhibition or training of bulls, and some other animals, as performing animals.
- The Supreme Court had in 2014 upheld the 2011 government order.
The notification says:
- While retaining the general prohibition on using some animals — bulls, bears, monkeys, tigers, panthers and lions — as performing animals, the notification makes an exception for such traditional sports involving bulls, subject to the permission of the local administration and some conditions.
- The bulls may continue to be exhibited or trained as a performing animal, at events such as Jallikattu in Tamil Nadu and bullock cart races in Maharashtra, Karnataka, Punjab, Haryana, Kerala and Gujarat.
- The notification also contains a few guidelines to regulate it: these events shall take place in these areas at such places as the district magistrate or collector explicitly permits, and that the bull once out of the enclosure shall be tamed within a radial distance of 15 metres.
Draft policy aims to ease leasing of agricultural land
The Centre is working out ways to promote legalisation of land leasing, to ensure tenant farmers have access to institutional credit, insurance and disaster compensation without affecting the landowner title.
- A model Land Leasing Act being drafted could allow such use of land for agriculture without restriction.
- A committee constituted by the NITI Aayog and led by the former head of the Commission for Agriculture Costs and Prices (CACP), Tajmul Haque is expected to give its report by March.
- Land being a state subject, the Centre can at best convince the states to adopt a model to bring in uniformity.
- Much of the compensation after a natural disaster, insurance claims, as well as other benefits, are usually cornered by landowners because tenancy laws in states are vague. This also harms consolidation of farms and deters widespread mechanisation.
- According to an earlier study, 57 per cent of leased farmland in the kharif season and 54 per cent in the rabi season do not have tenurial security.
It is best left to market forces and individuals to decide whether they want to legalise tenancy. The bureaucracy has not been able to properly record ownership; to expect them to record leases is far-fetched.