- Commission took suo motu cognizance to prepare the report on account of rising incidents of vandalism and consequent loss to the state exchequer.
- Also, it highlighted the issue of wilful obstruction of public place or way.
- It said that only some States have provisions for dealing with obstructions on public pathways.
- Key Recommendations:
- Amendment in the PDPP Act, 1984, it should include
- One of the conditions for bail should be the deposit of an amount equivalent to the estimate value of the property damaged.
- Enact comprehensive law dealing with wilful obstruction.
- Also, related provision can be included in BNS.
- Amendment in the PDPP Act, 1984, it should include
- Constitutional and Legal Provisions for Protection
- Fundamental Right under Article 19 implicitly contains the Right to protest.
- However, demonstration which creates nuisance and disturbances are not covered under it.
- Fundamental Duties, Article 51 A (duty of every citizen to safeguard public property and to abjure violence).
- Prevention of Damage to Public Property (PDPP), Act 1984 contains provisions dealing with mischiefs resulting in damage of public property.
- Sections 425 to 440 of the Indian Penal Code (IPC) deal with it.
- Several sections of Bhartiya Nyaya Sanhita (BNS) (which will replace IPC) deal with it.
- Fundamental Right under Article 19 implicitly contains the Right to protest.
Related Supreme Court Judgement
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