Current context:
Uttarakhand is set to introduce a bill to recover property damage caused by protests and riots.
About current context:
- Uttarakhand plans to introduce a bill resembling those in Uttar Pradesh (2020) and Haryana (2021), aiming to recover damages to public and government properties from disturbance-related individuals.
What is Damage Recovery Bill?
The Damage Recovery Bill addresses property damage during public disturbances, balancing citizens’ rights, and state responsibility.
Background:
- During protests in India, rioting, vandalism, and arson are common incidents, but existing laws are insufficient in recovering damages to public property.
- The Prevention of Damage to Public Property Act, 1984, while prescribing penalties for convicts, lacks provisions for actual recovery of damages.
- Recognizing this gap, several states have introduced their own legislation to address this issue.
Key Provisions of the Damage Recovery Bill
Recovery of Damages:
- The bill allows for the recovery of property damages caused by individuals during public disorder disturbances, such as riots and violent disorder.
- It aims to hold both perpetrators of violence and protest organizers accountable for property damage.
Compensation to Victims:
- The bill ensures compensation to victims whose properties have been damaged.
- This provision emphasizes the state’s responsibility to protect both private and government-owned property.
Comprehensive Coverage:
- Recovery will not only be sought from those directly involved in violence but also from protest leaders, organizers, planners, and participants.
- This approach aims to create deterrence and discourage violence during protests.
Claims Tribunal:
- The bill establishes a Claims Tribunal to determine liability, assess damages, and award compensation.
- The tribunal’s composition and functioning are crucial for effective implementation.
Attachment of Property:
- The bill allows the tribunal to seize property or bank accounts of individuals who have been awarded compensation.
- This ensures that the recovery process is enforceable.
Appeal Mechanism:
- Aggrieved parties can appeal against the tribunal’s award before the High Court of Punjab and Haryana.
- The bill restricts civil courts from entertaining questions related to compensation claims.
Government’s Stand and Criticisms
Government’s Responsibility:
- The bill emphasizes that protecting property—whether private or government-owned—is the state’s responsibility.
- It strikes a balance between citizens’ rights and their responsibility to prevent property damage.
Deterrence and Accountability:
- The legal framework aims to deter violence and hold both perpetrators and organizers accountable.
- Critics argue that the bill may violate fundamental rights enshrined in the Constitution.
Challenges and Clarity:
- The composition of the Claims Tribunal must adhere to Supreme Court guidelines.
- Identifying offenders, executing recovery plans, and penalties for non-compliance remain unclear.
Legal Provisions in India:
- India lacks a central legislation for recovery of damages, with the current action against rioters being limited to the Prevention of Damage to Public Property Act, 1984.
- Despite a law against property destruction, incidents of rioting, vandalism, and arson are common during protests. The Supreme Court has suggested changes to the law.
Suggestion:
- Protest organizers must declare followers’ responsibility for property damage, while facial recognition technology and databases can help police catch vandals.
- Increased surveillance cameras monitor protest leaders, subject to privacy laws.
Conclusion
The Damage Recovery Bill represents a crucial step toward ensuring accountability and protecting public property. While it addresses a pressing issue, its implementation and adherence to constitutional principles require careful consideration.