New Book 'Custody of Conflict' Explores Legal, Political and Social Dimensions of the Enemy Property Act, 1968

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.