In the recent past, India has witnessed a litany of violent protests that have caused a sizable amount of damage to public and private property. Tellingly, these protests have manifested the callous nature of protestors and the law enforcement officers governing them, and have subsequently thrown light on the lack of stringent laws that make it a strenuous task for the government officials to penalise the malefactors and claim damages from the same. The states of Karnataka and Uttar Pradesh underwent tumultuous agitations that led to a colossal damage to public property. Consequently, the respective state governments were under an obligation to act expeditiously and recover damages from the offenders. A recent investigation undertaken by the Indian Express shows the glaring misuse of authority on part of the State Government and how it had (mis)interpreted the age-old civil law principle of joint and several liability in the determination of damages and recovery of the money from the alleged culprits, thereby raising concerning questions on the adoption of due process. In this article, we analyse the constitutionality of the process or modus operandi adopted by the two governments to recover the damages and subsequently ascertain the pressing need for stricter and more comprehensive laws.
Continue reading “Guest Post: Damage Recovery Mechanism in India and the due process of law”