The Uttar Pradesh government’s recent acceptance of ₹6.27 lakh as “compensation” for damages caused to public property during anti-Citizenship (Amendment) Act, 2019 protests has raised numerous questions. Many argue that it overlooks the due processes outlined in the Supreme Court’s guidelines. The court, in its suo motu decision in the case Destruction of Public and Private Properties Vs State of A.P and others (April 16, 2009), introduced a 10-point guideline for the assessment of damages and liability.
Key Aspects of the Supreme Court’s Guidelines
The ordinance set forth by the Supreme Court underlines that the assessment of exemplary damages for property destroyed in incidents of violence must be based on electronic media or private video evidence. Additionally, the prosecution is obligated to independently confirm that the damage incurred during protests was due to the “direct actions” of the involved individuals.
Process for Addressing Mass Property Destruction
When there is mass destruction to property due to protests, the High Court may instigate suo motu action, establishing machinery to probe the damage inflicted and administer compensation accordingly. If multiple states are implicated and have suffered damage, the Supreme Court should take over cognizance.
In each instance, the presiding court should appoint a sitting or retired High Court judge or a district judge as a Claims Commissioner. This individual will bear responsibility for approximating damages and probing liability. To aid the Claims Commissioner, an assessor is appointed.
Establishing Liability
Both the Claims Commissioner and the assessor are granted the authority to call for video or other recordings from private and public sources. This enables them to accurately determine the damage and establish a connection with the individuals who caused the damage.
| Role | Responsibilities |
|---|---|
| Claims Commissioner | Estimate damages, investigate liability |
| Assessor | Assistant to Claims Commissioner |
| Court | Appointment of Claims Commissioner and Assessor |
Implementation of Absolute Liability Principles
The principles of absolute liability become applicable once the nexus with the event causing the damage is established. The liability is borne by both the actual perpetrators of the crime and its organizers, with their shares being decided by the court.
Exemplary damages cannot exceed twice the amount of the liable damages. The damages should be assessed for destruction to public or private property, injury or death, and cost of the actions taken by the authorities and police to prevent and contain the violence.
Upon concluding this process, the Claims Commissioner submits a report to the High Court or Supreme Court, which then determines the liability after hearing the involved parties.