PUCL Rajasthan: The Disturbed Area Law will fracture Rajasthani society, cause ghettoisation of Minorities in urban areas!
The PUCL demands the Immediate Withdrawal of this Anti-Constitutional Bill!
Critique of the Rajasthan Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Bill, 2026
The PUCL demands the withdrawal by the Government of Rajasthan of the draft bill popularly called the Rajasthan Disturbed Areas Bill on the 6th March, 2025 when the Bill will come up for discussion in the Assembly. The Bill is unconstitutional, as literally every section is challenging the fundamental rights and the constitutional principles and has no place within our legal framework which is based on the core principle of non-discrimination. It is shocking that a bill which will promote “residential segregation by legal means.” Is being made into law in the peaceful state of Rajasthan.
One of the most glaring features of the bill is section 2 (f), which defines a term used frequently in the draft bill and one of the key grounds for declaring an area disturbed, which is “improper clustering of persons of one community”, as stated in the draft bill, it means concentration or congregation of persons of a community in any locality or area arising from coercive, distress-driven, or otherwise unhealthy circumstances, or which causes or is likely to cause demographic imbalance, segregation, communal tension, or disturbance of public order, social harmony or the mixed-community character of the locality or area;
The foundation of the two terms, “improper clustering of persons” and ” demographic imbalance” is based on the principle, that people of only one community, one culture, one ethnicity, one religion and one kind of lifestyle need to live together. This is a clear challenge to the section 19 e, “to reside and settle in any part of the territory of India”. A state law, cannot curtail this right in order to impose the unconstitutional value of segregating persons based on the community they belong to.
It also undermines the principle of fraternity, clearly stated in the Preamble as one which will “…..promote among them all FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation”, intermixing of the people of different religions, ethnicities, language, cultures, which would build Unity and Integrity as envisaged by our Constitution founders.
However, the BJP Government of Rajasthan, considers intermixing as the problem, which is the very basis of unity. The ill effects of residential segregation will be generational, children will no longer play together, schools will become segregated over time, creating suspicion of each other and build enmity and indifference overtime.
It is obvious that this law by declaring areas, localities as “disturbed area, as stated in section 2 (b), will be an attempt to cause segregation or bring about ghettoisation of communities. It should be noted that the disturbed area can be declared for a maximum of three years for any area and extend further if required.
The agenda of the law, as the title of the Bill says, “… Transfer of property……”, means there will be no purchase or sale of property by one community, as the law in its implementation is evident in the state of Gujarat. In Gujarat, that Muslim-dominated localities bordering Hindu-dominated localities are typically declared disturbed to prevent further inter-mixing via property transactions in Gujarat, as seen in its large cities Ahmedabad, Baroda, and Surat, and increasingly in smaller cities like Himmat Nagar, Khambhat, and Godhra to name a few.
The minority community of the state will be hit by this law making it impossible for them to buy or sell land. They will be out of the property market, causing an economic blow to the community. The scenario of bureaucratic tape of getting sanctions to sell, develop or even buy, will be impossible for ordinary people who would be hit most, as section 5 clearly states.
The Punishments stated in the law, under section 8 is so serious, that you could be in jail between 3 and 5 years for attempting to sell or buy property or engaging in other lawful transactions which this unconstitutional law sees as violations in a disturbed area.
The PUCL is clear that this bill needs to be unilaterally withdrawn, by the Government of Rajasthan, as it is rife with unconstitutional implications. The Bill if passed will result in such deleterious consequences that It should not even be sent to a legislative committee.
If the government persists in its error of persisting with this unconstitutional bill, the bill must be defeated on the floor of the assembly.
The MLAs should understand the deeper unconstitutional agenda and not vote according to parties, but according to their constitutional conscience.
The PUCL is committed to taking legal action to challenge this unconstitutional Bill should it become law.
Kavita Srivastava (National President)
V. Suresh (National General Secretary)
Bhanwar Meghwanshi (PUCL Rajasthan President)
Anant Bhatnagar (PUCL Rajasthan General Secretary)