The Prevention of Damage to Public Property Act, 1984, makes it a punishable offence to cause damage to public property. In 2007, the Supreme Court had set up a Committee under the chairmanship of Mr Justice K.T. Thomas, former judge of the Supreme Court, to suggest changes in the aforesaid Act to make it more effective and meaningful. Certain suggestions were given by the said Committee, concluding that the existing law was inadequate and ineffective to deal with the increasing number of instances of public property damages and made certain recommendations for making amendments in the aforesaid Prevention of Damage to Public Properties Act, 1984.
The report submitted by Justice K.T. Thomas Committee had made the following recommendations:
(i) The Prevention of Damage to Public Property Act, 1984 (PDPP Act) must be so amended as to incorporate a rebuttable presumption (after the prosecution established the two facets) that the accused is guilty of the offence.
(ii) The PDPP Act to contain provision to make the leaders of the organisation, which calls the direct action, guilty of abetment of the offence.
(iii) The PDPP Act to contain a provision for rebuttable presumption.
(iv) Enable the police officers to arrange videography of the activities damaging public property.
Subsequently, by its order reported vide Destruction of Public & Private Properties v. State of A.P., 2009 (5) SCC 212, the Supreme Court had issued some important guidelines in this regard by referring to the recommendations of the aforesaid Committee and another Committee appointed by the Supreme Court.
Now, the Government of India, Ministry of Home Affairs, has accepted the recommendations of the said Justice K.T. Thomas Committee and has proposed to amend the aforesaid Act, seeking to deter the prospective violators from vandalising and destroying public property during agitations and other types of protests and the proposed amendments also seek to take action against the office bearers of the organisations which organise such agitations and protects which indulge in violent activities causing damage to public property.
The Ministry of Home Affairs has invited suggestions/comments from the public and other stakeholders. These suggestions can be sent to the MHA by post or by email, as per the details given in their Circular dated 20th May 2015, which is available for download from this link. The existing provisions of the aforesaid Prevention of Damage to Public Property Act, 1984, and the proposed amendments are also mentioned in the aforesaid Circular.
