New Delhi: Following in the footsteps of the Yogi Adityanath government in Uttar Pradesh, Madhya Pradesh on Thursday passed another strict law for recovery of damaged property from protesters.
The Prevention of Damage to Public and Private Property and Recovery of Damage Bill 2021 was passed in the Madhya Pradesh Legislative Assembly by voice vote without discussion.
If recovery is not made within 15 days (of the cost of the property damaged), the law will empower the proposed Claims Tribunals to recover twice the cost of damages along with interest. A similar law in Uttar Pradesh mandates recovery of only the actual cost of the loss.
In the assembly, Madhya Pradesh Home Minister Narottam Mishra said that the law will be used to take action against persons who cause damage to private or public property by participating in processions, riots, protests, communal riots. Closes and movement.
He said the law would also be used to take action against criminals using explosives and various ‘mafia’ – gambling, liquor, land, forest and mining.
In March, the Uttar Pradesh Assembly had passed the Recovery of Damage to Public and Private Property Bill, 2021 and the Uttar Pradesh Goonda Control (Amendment) Bill, 2021.
Under the two laws, properties of several gangsters have been attached by the state, and damages have been recovered from protesters, including those agitating during anti-CAA protests.
The passage of the MP law – more stringent than the UP law at various levels – shows once again that Chief Minister Shivraj Singh Chouhan is trying to change his image of a “soft, liberal” politician and give it a tough edge. .
Whether renaming railway stations with tribal or Hindutva symbols, passing the anti-conversion Madhya Pradesh Freedom of Religion Bill, or going soft on Hindutva groups like the Bajrang Dal, who have allegedly harassed repeatedly Christians in the state, say political analysts, have been chief ministers four times act consciously change your image
Read also: Christians say that Shivraj’s MPs are attacking them. Home Minister denies increasing of such crimes
MP bill different from UP
Unlike in Uttar Pradesh, under the Madhya Pradesh Bill, district magistrates and revenue officers have been given the power to initiate recovery and decide on the final amount of the claim, while an aggrieved person approaches the Claims Tribunal for compensation without FIR within 30 days. Can do. On the day of the incident of vandalism or destruction.
Under two UP bills, a person can approach the claims tribunal only after an FIR is registered and a report is received from the sub-divisional magistrate (SDM). The final decision on the claim of damages also rests with the state government.
MP Bill includes ‘owner’, ‘tenant’, ‘lease holder’, ‘slum dweller‘ And ‘Thela WallasCan claim damages for property vandalized during riots or protests. In the UP Bill, only the owner of the damaged property can file a claim.
Another big difference – in UP, tribunals can deliver their verdict within a year, while the MP law delivers a verdict within three months.
The constitution of claims tribunals under the Madhya Pradesh Bill—retired district judges or retired secretary-level officers could be members—is another bone of contention. The opposition Congress has alleged that such officials can be easily influenced.
Under the UP Bill, there is an additional secretary level officer for the determination of claims. In Haryana – the other state that has passed a similar law – there is a provision for consultation with the Chief Justice of the High Court before nominating members to claims tribunals.
However, the harshest part of the MP Bill is that a tribunal can charge for damages and destruction which can be twice the actual cost of the damages. Comparable laws in Uttar Pradesh and Haryana have a provision to demand an amount in proportion to the damages from the guilty party.
when the law was robbed
Last year, a state law was brought in to recover damages caused to private and public property when stones were pelted at Bharatiya Janata Yuva Morcha (BJYM) rallies in Ujjain and Indore.
Narottam Mishra told ThePrint, “Those who throw stones and damage public property will come under the purview of the law… This law is stricter than the UP law.” “It will control anti-social elements, Endolankaris and rioters. Be it land mafia, liquor mafia, mining mafia… no one will be spared. Congress opposes this bill because of its politics of appeasement.
The opposition Congress has compared the new bill with the now defunct POTA (Prevention of Terrorism Act) and alleged that like it, the law will be misused against minorities.
There is no definition of “Gangster”, the authorities can declare anyone as a gangster on their own free will and imagination, just like TADA [Terrorist and Disruptive Activities (Prevention) Act] And the pot was misused. Ravi Nandan Singh, former advocate general of Madhya Pradesh, told ThePrint that the risk of misuse of the law by state officials is equally high.
“There is already a law to deal with rioters, but to arrest people for being ‘mafia’… it will target those who show dissatisfaction with government policies,” he said.
(Edited by Saikat Niyogi)
Read also: Why is soft spoken Shivraj Chauhan now running ‘danda’, officers suspended in public meetings