Madhya Pradesh’s assembly has passed the ‘Damage Prevention and Damage Recovery Act-2021’, which provides the recovery and redress of damages caused by strikes, protests, communal riots, and other types of demonstrations. While the Opposition Congress walked out, the law was approved by voice vote.
Home minister Narottam Mishra explains that the purpose of the law is to prevent agitators from damaging property and hurling stones at police and innocent people. However, in the name of the movement, public property is often destroyed. Crimes like this will not be tolerated in Madhya Pradesh. “If you want to agitate, do so in a simple manner,” he added.
This law will ensure strict punishments for people who damage public and private property, said Mishra in a statement. “Stones were thrown at doctors seeking treatment in Ujjain and Indore during the peak of COVID-19 in April last year.”
What Are The Provisions Of The Law?
The Cabinet approved the Nijee Evan Lok Sampatti Nukasaan Nivaaran Evan Vasoolee Adhiniyam-2021 (Damage Prevention and Damage Recovery Act-2021) on 16th December, passed in the assembly on 23rd December.
Under the new law, the state government will create a tribunal that will be empowered to take action against those who damage public and private property. Its members can be retired or active directors of police, additional directors, or inspector generals.
The tribunal will only function under the Land Revenue Code, which gives it all its powers.
There will be a claims commissioner at the district level, whose work will be delegated to the additional or deputy collector. An official will complain about losing government property, and the owner will complain about losing private property.
Based on this information, tribunal action will be taken against the perpetrators. The perpetrators must pay the recovery money within 15 days, after which interest rates would apply. After recovering from them, the amount will be deposited in the accounts of the government treasury or a private person.
If the damages harm someone, they can file a lawsuit within 30 days, and claims should be settled within three months. An appeal can be filed in the high court within 90 days of the tribunal’s order.
Do Any Other States Have Similar Laws?
Haryana Recovery of Damages to Property During Disturbance to Public Order Bill, 2021, was introduced in March 2021 and passed in May 2021. Authorities can seek compensation for damages done to both public and private properties under this law.
According to law, anyone who leads, organizes, plans, exhorts, encourages, instigates, participates in, or commits acts that cause damages is responsible for paying compensation.
Congress Party vehemently opposed the law and demanded its repeal. Bhupinder Singh Hooda, leader of the opposition and former chief minister of Haryana, said the law requires restitution from peaceful protesters. It was an attempt to invade fundamental rights, where a democratic society guarantees the right to peaceful protest.
Anil Vij, the Haryana Home Minister, defended the law. “The Congress should clarify whether they support people who riot and damage property, or whether they support peaceful demonstrations.”
The Uttar Pradesh Recovery of Damages to Public and Private Property Bill, 2020 was passed in March 2021. The law cites punishment for protesters who damage government or private property as one year in prison or a fine between Rs 5,000 and Rs 1 lakh.
In a statement made on 22nd December, Narottam Mishra said, “Such people who fire stones, cause harm, have stones removed from their houses, how many are there?”
Ali Zaidi, a human rights activist and advocate at the Supreme Court of India, says, “In the BJP-ruled state, there is an active campaign to silence people who exercise their democratic right to express their anger against government policies through peaceful protests.”
“In the long run, these laws are only a political ploy by the BJP government to target a particular community,” he added.
What Are The Reasons For Opposition To It?
“The Recovery Act can be used as a tool to target some selected people and can be used to put down protests,” says Manav Agrawal, an advocate at Jabalpur High Court.
In addition, the Act provides that a retired district judge or a top-ranking state official can be appointed as presiding officers of the tribunal, which could be misused. Using state functionaries to fabricate damaging reports will be used as a weapon to suppress genuine protestors.
“The tribunal can order damages up to twice the value of the damaged property, paid within a limited period of 15 days only,” says Manav. “Furthermore, it stipulates that all proceedings must be concluded within three months, which is an unreasonable time frame. The act undermines the spirit of fair criticism by the people against government policy in its very essence.”
Dr Sunilam, a member of the National Alliance of People’s Movements (NAPM), says, “This law will serve as a tool in the hands of the administration to vilify any protest or group and destroy them economically.
For instance, people are protesting peacefully, but the government uses force against them, and in chaotic situations, some property damage occurs. In such a case, innocent people will be forced to pay for the recovery.”
He questions the tribunal’s credibility, saying, “The government will appoint the members, so why would they defy it?”
Parawaiz Arif Titu, an activist from Uttar Pradesh, filed a petition with the Supreme Court of India in 2020, claiming that two notices were sent “arbitrarily” to a man who died six years ago at the age of 94 and two other people who are over 90.
Moreover, the plea states that the Yogi Adityanath government in Uttar Pradesh is “moving forward on the chief minister’s promise to avenge the loss of public property by seizing assets of protestors for political reasons.”
In July 2021, the Supreme Court ordered the Uttar Pradesh government not to act on notices sent by the district administration to alleged protesters regarding damage to public property during the anti-CAA (Citizenship Amendment Act) demonstrations.
“For the last five years, we have been protesting to get back my job. If the tribunal sends us any damage recovery, we are not financially strong enough to go to the High Court to contest the award.
Damage Recovery law is oppressive and unfair to the poor and silences people who are fighting for their rights,” says Dileep Mishra, a Multipurpose Health Worker (MPHW) who was removed from the service with 773 others in Madhya Pradesh.
LS Hardenia, activist and chief convener of the All India Secular Forum, said, “People can’t appeal in a lower court; they have to appeal at the High Court. High courts are already overburdened with cases. It would become extremely difficult for a poor person to approach the high court and contest the tribunal’s decision.”
Zaidi explains, “The Supreme Court guidelines [in Destruction of Public and Private Properties versus State of Andhra Pradesh (2009) and Kodangallur Film Society versus Union of India (2018)] suggest that a serving or retired judge from the High Court or district court should be appointed as the Claims Commissioner. It seems like a law of state terror to name and damage people financially in this way without providing any concrete evidence.”
“These laws are pressure tactics by the government to create fear among farmers in the wake of farmer protests. Previously, two BJP-led states, Haryana and Uttar Pradesh, have enacted similar laws,” said a political analyst on condition of anonymity.
How Opposition Leaders View The Law
“During demonstrations, miscreants may intentionally damage public property, but most often, the damage results from uncontrolled situations”, says Ramniwas Rawat, Madhya Pradesh working president of the Congress.
“Non-social elements may vandalize public property during a peaceful protest. In this case, peaceful protesters may easily become targets of state harassment.”
He said, “Law must be framed in such a way that it cannot be misused. There is a trend of retribution from the opposition in BJP-ruled states. BJP-ruled states, for instance, make heavy use of IT (Income Tax) acts to harass opposition leaders. Many Income Tax raids are currently taking place in Uttar Pradesh.”
As per Sajjan Singh Varma, Member of Legislative Assembly (MLA) from Dewas in Madhya Pradesh, “There are many sections under the CrPC (Criminal Procedure Code) and IPC (Indian Penal Code) that may be used to punish those who cause violence or damage to public property. The Shivraj Government intends to muzzle any protest against them with the help of this law.”
As per section 425 of the IPC, anyone intent on inflicting or is likely to inflict wrongful loss or damage upon a person or member of the public destroys or diminishes property or its value or utility, or adversely affects it, commits mischief.
“A balance must be struck between the Right to Protest and the Recovery of Damages,” says Advocate Shashank Tiwari. “The plight of those affected by protests and their right to continue with their normal activities are commonly overlooked by protesters, who assert protests are a fundamental right.”