India is a country that often prides itself on its social, religious, ethnic and linguistic diversity, being home to thousands of such identity groups. However, the treatment meted out to certain groups, both formally and informally, often fails to conform to the principles of equality, liberty, and secularism. The systematic discrimination against Muslims in particular has led to their ghettoisation in states such as Gujarat. This ghettoisation has been formalised through laws such as the Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 (‘Disturbed Areas Act’). To that end, this paper explores the background of the Act and amendments to the same, particularly in 2020. It goes on to test provisions of the Disturbed Areas Act against Articles 14, 19, and 21 of the Indian Constitution and shows their unconstitutionality . Further, it explores the national impact of the Gujarat High Court’s stay of certain provisions and how striking down the provisions is preferred in the present case. The Paper will also undertake a cross-jurisdictional analysis, examining the systems of ethnocratic planning and segregation perpetuated in countries such as South Africa, Israel, and the United States of America, and the Constitutional safeguards (or lack thereof). Lastly, the Paper will address the suggestions of various national and international reports, the United Nations’ Special Rapporteur on Adequate Housing in 2017, the Sachar Committee Report, and the Expert Group on Equal Opportunity Commission.
