In a bid to address the increasing incidents of damage to public property and prolonged obstruction caused by protests, the Law Commission of India has put forth a comprehensive set of recommendations aimed at deterring such actions and ensuring accountability.

Headed by retired Justice Rituraj Awasthi, the Law Commission submitted a report to the Ministry of Law and Justice proposing stringent measures to tackle the menace of vandalism and obstruction. One of the pivotal recommendations is the imposition of stringent bail provisions for individuals involved in damaging public property. According to the proposal, offenders would only be granted bail after depositing an amount equivalent to the loss caused by their actions. This move is intended to act as a deterrent against destruction of public assets, emphasizing the gravity of the offense and the need for accountability.

Moreover, the Commission highlighted the need for a comprehensive legal framework to address protests that result in wilful obstruction and blockage of public spaces and roads for prolonged periods. The proposed law aims to curb such disruptions by holding accountable those who organize or participate in protests leading to damage or obstruction of public property. By deeming office-bearers of organizing entities guilty of abetment, the Commission seeks to address the root causes of such incidents and ensure accountability at all levels.

The report underscores the critical role of public property in the socio-economic development of a nation, emphasizing its significance as the bedrock of infrastructure. Recognizing the substantial losses incurred by the state exchequer due to acts of vandalism and obstruction, the Commission underscores the urgency of implementing effective deterrents to safeguard public assets.

To inform its recommendations, the Law Commission conducted an exhaustive study, analyzing constitutional and statutory provisions, judicial precedents, and incidents involving large-scale destruction of public property. Drawing insights from incidents such as the violence in Manipur, farmers' protests, and the 2013 Muzaffarnagar riots, the Commission emphasizes the disruptive impact of such actions on essential services, economic growth, social cohesion, and public welfare.

In addition to proposing amendments to the Prevention of Damage to Public Property Act, 1984, the Commission recommends the enactment of a separate law or necessary amendments to existing legislation, such as the Bharatiya Nyaya Sanhita or the Indian Penal Code, to address prolonged obstruction of public property effectively.