Law Commission Recommends Kerala Model To Prevent Vandalism Of Public Property
The central government is planning to adopt the Kerala style in dealing with public property destruction instances. The National Law Commission has submitted a report to the Union Law Ministry, recommending stringent measures to prevent the destruction of public property.
The 22nd Law Commission suggested following the Kerala model to thwart the damages to the public properties during protests, noting that the 1984 law has failed to prevent public property damages. Law Commission of India is a non-statutory body constituted by the Government of India”s law ministry, department of legal Affairs to conduct research in the field of law and make recommendations.
The Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019, passed by the state ordered individuals responsible for the vandalism of the public property to pay for the damages by depositing an amount equivalent to the losses.
The commission has reportedly pointed out that the state has effectively managed to reduce the destruction of public property during Hartal and protest with its pay-for-the-damage order. Kerala High Court through an order had mandated that those who damaged public property would get bail only after depositing the amount for the losses they caused. The police were also directed to videograph the sequences of the protests that have the potential to lead to damages to the public property.
The Commission highlighting Kerala’s law called for the enactment of a comprehensive new law across India, comprising the recommended provisions. It proposed to incorporate the new law into the Bharatiya Nyaya Sanhita, which was introduced in 2023 December, replacing the Indian Penal Code (IPC).
As per the Kerala law regarding the destruction of public property, leaders who announce protests will be held responsible for the property losses, citing incitement to the destruction unless they establish their disassociation with the protester’s particular actions.
However, the commission asked to take Kerala’s ordinance as a model while incorporating essential amendments. It further suggested laws against causing disturbances in National Highways and Railway stations.
