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Chennai, August 11, 2025 : The contentious and historically significant Enemy Property
Act, 1968 is the focus of a newly released legal commentary titled Custody
of Conflict: A Legal Commentary on the Enemy Property Act, 1968. This
comprehensive work delves into the origins, evolution, and present-day
implications of a statute that continues to generate legal, political, and
public debate more than five decades after its enactment.
Passed in the aftermath of wars and diplomatic ruptures,
the Enemy Property Act was designed to regulate the administration of
properties belonging to nationals of enemy countries. Over the years, it has
become one of India’s most politically charged and legally complex
legislations, intersecting issues of national security, property rights, and
constitutional freedoms.
The book engages with key questions that strike at the heart
of constitutional governance: Can the State legitimately confiscate property
solely based on nationality? How should the doctrine of eminent domain be
balanced against the constitutional guarantee of property and personal liberty?
And to what extent has the judiciary acted as a check on executive powers in
this context?
Highlighting the major amendments, especially those
introduced after 2016, the commentary examines the controversies surrounding
retrospective application of the law, the denial of succession rights, and the
exclusion of civil courts from adjudicating disputes. It also analyses landmark
judicial pronouncements and unpacks the socio-political consequences of the
legislation, particularly its effect on families impacted by the Partition and
strained Indo-Pak relations.
Authored in a doctrinal and analytical style, Custody
of Conflict aims to simplify the legal ambiguities surrounding “enemy
property” while offering an informed critique of the jurisprudential shifts
over the decades. The authors seek to provoke thoughtful engagement with themes
of justice, due process, and democratic governance, making the book relevant to
law students, practitioners, policymakers, and researchers.
The work is co-authored by Ms. Aiswarya S,
an Assistant Professor in the Department of Law. A specialist in Constitutional
and Criminal Law, she holds degrees from Kerala University and the Central
University of Kerala. She has published in leading legal journals, including
the NUALS Law Journal and Law Academy Journal, and is a
reviewer for the International Journal of Innovative Research in Technology
(IJIRT). Her research interests lie at the intersection of legal theory,
constitutional governance, and criminal justice.
Her co-author, Mr. I Madhav Ganesh, is an
engineering graduate turned seasoned banking professional with over 15 years of
experience in anti-money laundering, bereavement services, regulatory
compliance, and sales management. Presently pursuing his LLB, Mr. Ganesh
integrates his deep knowledge of financial regulations with legal scholarship
to contribute to debates on compliance and property law.
Speaking at the release, Ms. Aiswarya noted, “Our aim
was to present not only a legal analysis of the Enemy Property Act but also its
broader human and societal impact. This is a law born out of conflict, and
understanding it requires both legal precision and empathy.”
Mr. Ganesh added, “We hope this book will encourage
legal professionals, students, and scholars to engage more deeply with laws
that influence the delicate balance between national interest and individual
rights.”
In addition to its scholarly depth, the book also reflects
the authors’ broader mission — to promote employment through quality education,
improve job-readiness among students, and inspire legal writing that advances
both academic discourse and professional development.
With its blend of historical insight, legal analysis, and
contemporary relevance, Custody of Conflict promises to be a valuable
addition to Indian legal literature.
