- The subject matter would evoke quite an interest among Indian citizens who might have felt anguish and anger over vandalism-related issues occurring in the country. Especially the way the law and order implementing agencies react to such situations by their action or to be precise, their inaction. Most often than not the police tend to remain mere spectators allowing the vandalism to take place by entering into the picture after the incident. Recollect how our cinemas depict the police entering the scene of arson or crime at the fag end. Not much has changed over the years on the ground as the political masters tend to boss over the police without allowing the law of the land to take control for parochial considerations.
PC: Freepik
- Remember, whenever any arson or vandalism occurs, the loss of properties and lives is the resultant outcome. And the accused usually gets out of bail after some time but the question to address the loss to public and private properties remains unanswered. In a welcome move to address this anomaly, the Bengal assembly recently amended 51-year-old legislation, to punish vandalism. The amendment, Maintenance of Public Order (Amendment) Bill, 2023, makes the original act more stringent to deter the destruction of private and public property during protests. Both governments and the judiciary have rightly taken a dim view of vandalism. Dissatisfied with the relevant central and state legislations, the SC had taken suo moto cognizance of the problem.
PC: Freepik
- This was in 2007 by setting up two committees to look into it. The suggestions made by the two committees represent both the justifiable position on cracking down on vandals and the challenge of enacting a law that deters theft and destruction of property. The committees didn’t want the burden of proof to be on the accused and were also wary of guilt by association – someone who did not vandalise but was part of a protest that turned violent. The gap between the right intent and loose laws leads to abuse of power. Moreover, consider the law introduced by UP in 2020 to deal with vandalism during protests. The bulldozer was used to rage the properties of the perpetrators and the moniker of Bulldozer Baba was promptly bestowed on CM Yogi Adityanath.
- However, its implementation ran into problems with the apex court because all stages of the legal process were controlled by the executive, thereby, violating the principle of separation of powers. This is an important reason why legislation to deter damage to property, public or private, can end up losing support. Thankfully, the Bengal legislation has tried to follow due process by providing an opportunity for the accused to be heard in the event the property is attached. On the face of it, Bengal’s law provides for due process. However, its fallout will depend largely on the quality of policing which is a grey area in India. Undeniably, deterrence measures must be in place to curb vandalism but should be backed by due process. Hopefully, this will be adhered to.
