Recovery Of Loss Caused By Rioters During Agitations Chandigarh

Recovery Of Loss Caused By Rioters During Agitations – Chandigarh

In the past, we have seen and read that during agitations, the assembly resort to routings and they cause loss to property private as well as public. Some anti social elements take benefits of such agitations and satisfy their anger by setting the buses, cars, scooters and other property on fire as well as by  breaking open the shops and then damaging them.

History is witness to several such incidents and it is also seen that hardly any one would get compensation loosing his property. There were no fundamental rules to fix the responsibility in such cases.The agitators would take the shelter of Article 19 and 21 of the Constitution of India to defend the claim. 

The Haryana Recovery Of Damages To Property During Disturbance To Public Order Bill 2021 was passed in State Legislative Assembly.

This law should have been made long ago as it is the responsibility of state government to protect the property whether private or government.  No one gains from loss to property, rather it amounts to economic loss.

In a democracy, everyone has a right to protect and speak. But there is always a conflict i.e. right to protest v/s right of private individual.

PROVISIONS

  1. Provides for recovery of damage to property caused during agitations including riots and violent disorder.
  2. Provides for constitution of claims tribunal to determine the liability, assess the damage and award compensation.
  3. The actual perpetrators of such acts of violence and crimes as also instigators, organisers be made liable for damages to public and private property and cost of forces for controlling acts of violence and crimes.
  4. Appeal lies against decision to high court.

The legislation seems to be effective and will go a long way to keep the ill minded people at  a distance. The legislation will also help obstruct the thought process of damaging the property

CRITICISM

Is being made on ground that this bill is infringing the fundamental right to protest as enshrined in article 19 and article 21 but on other hand , it is necessary to instil the fear in  the minds of those who damage property and this is our constitutional legal system.

Keywords

Best law firm in chandigarh
Law firm in mohali
Law firm in kharar
Advocate near me
Best criminal lawyer in chandigarh
Best civil lawyer in chandigarh
Best lawyer for divorce in chandigarh
Best advocate in chandigarh high court
Best advocate for land dispute in chandigarh
Advocate in tricity
Vakil near me
Criminal advocate chandigarh high court

Leave a Reply

Your email address will not be published. Required fields are marked *