The Cabinet has decided to promulgate an Ordinance to curb destruction of private property in the name of protests.
Briefing reporters about the decisions of a meeting of the Cabinet here on Monday, Chief Minister Pinarayi Vijayan said the Cabinet had decided to recommend the Governor to promulgate the Kerala Prevention of Damage to Private Property and Payment of Compensation Ordinance, 2019. It aims at providing due protection to private property from violence that erupts during protests.
These include destruction of property caused by hartals, bandhs, demonstrations, communal violence, road blockade and such others called by political, social and religious organisations and other groups.
A Central Act is in force to prevent the destruction of public property and punish the offenders, but the existing laws are insufficient to prevent targeting of private property and hence the ordinance, he said.
The proposed Ordinance entails provisions for imprisonment up to five years and a fine once proved that private property was destroyed as part of a tension, hartal or other protests. On sustaining loss using explosives or fire, it would draw life term or 10- year imprisonment and fine.
Stringent provisions have been incorporated for granting bail for the accused in such cases. Bail would be granted only after hearing the prosecution side. After estimating the loss incurred to property, the accused would have to furnish a bank guarantee or cash amounting to 50% of the damage to secure bail. The loss would be assessed by an officer designated by the government. On proving the charges, there are provisions to levy the loss from the accused.
No law
The government does not propose to frame a law as directed by the High Court to curb hartals. Mr.Vijayan said hartal is the last resort of protest in a democracy. Frequent hartals called by various organisations have evoked public resentment and now they tend to reject it.
Due protection would be accorded for opening shops and operating services during the general strike called on Tuesday and Wednesday. Moreover, the trade unions concerned have clarified that there would be no coercion to impede services, he said.
