Rajasthan: Cong vows to scrap new ‘disturbed areas’ law if voted to power

The Congress has said it will repeal the recently passed Rajasthan Prohibition of Transfer of Immovable Property and Eviction from Premises in Disturbed Areas Act, 2026 if the party returns to power in the state in 2028.

The Act was introduced by the BJP-led Rajasthan government without the backing of any committee report, government survey or public demand, Congress leaders alleged while criticising the legislation.

Former chief minister Ashok Gehlot said the law was brought in to divert public attention from governance failures. “The Bhajan Lal government has failed to deliver, and to conceal its failures on all fronts it has brought this Act to push a peaceful state like Rajasthan towards an atmosphere of hatred,” Gehlot said. “Such divisive laws need to be condemned. If the Congress comes to power, we will scrap it.”

Rajasthan Pradesh Congress Committee president Govind Singh Dotasra also said the party would repeal the law if elected to power, alleging that it had been introduced to promote religious polarisation and consolidate majority votes.

“This Rajasthan Prohibition of Transfer of Immovable Property and Eviction from Premises in Disturbed Areas Act, 2026 is an attempt by the government to interfere in citizens’ constitutional rights to buy and sell property,” Dotasra said. “The BJP government has brought this Act to control property transactions. It is a conspiracy to disturb peace and will encourage corruption.”

Dotasra also questioned the provisions of the Act, particularly the mechanism through which the government would designate an area as disturbed. “How will the state government determine a ‘disturbed area’? The intent of the Bill is silent on this and appears focused on targeting one community,” he said.

He argued that Section 5 of the Act could open the door to corruption because property transfers in notified areas may require approval from a designated authority. Such provisions, he said, could make it difficult for citizens to challenge official decisions.

The law passed by the Rajasthan Assembly closely resembles the Gujarat Disturbed Areas Act enacted in 1991 following a series of communal riots. That law was originally framed to prevent distress sales — situations where individuals are forced to sell property at prices below market value due to fear of violence or intimidation.

Courts in Gujarat have frequently intervened to check executive overreach under that legislation, narrowing the scope of the state’s power to interfere in private property transactions.

The Rajasthan law similarly empowers the government to designate certain localities as “disturbed areas” to curb what it describes as “demographic imbalance”. Several provisions of the Rajasthan Act mirror those in the Gujarat legislation.

During the Assembly debate on the Bill, senior Congress MLA Harimohan Sharma said the legislation could deepen social divisions. “Sanatan Dharma respects all religions, but by bringing such a Bill the BJP government is trying to divide even Sanatan Dharma,” Sharma said. “The BJP is trying to prove that a Hindu in the BJP is a true Hindu, while a Hindu in Congress is a Muslim.”

Congress MLA Rafique Khan also alleged that the law could be misused for political purposes. “Whenever the BJP feels that Congress may secure more votes in an election, it could declare such areas as ‘disturbed’ and misuse the provisions of the Act,” he said.

Khan also argued that the legislation could harm communal harmony and make it harder for property owners to sell their assets. “The BJP claims that migration has taken place in recent years because of fear of the minority community,” he said. “But migration occurs for many reasons. Often families move simply because they need larger homes as the family grows.”

Defending the legislation, Rajasthan’s law and parliamentary affairs minister Joga Ram Patel said the law does not target any religion or community. “There is no mention of any specific community in the Bill,” Patel said, adding that areas would be declared “disturbed” only under exceptional circumstances.

“Only localities that have witnessed riots or serious law and order situations would fall under this category. The Act is intended to safeguard people from distress sales,” he said.

Property sale regulations under the new Act include:

• The state government may declare any locality a “disturbed area” in the event of riots, serious law and order problems or threats to public peace.

• Property transactions in such notified areas without government approval would be treated as null and void.

• Violations of the Act may attract three to five years’ imprisonment and a fine of up to 10 per cent of the property sale value.