Haryana Cops to Impose National Security Act Against Protesting Farmers

• 23 Feb 2024

Why in News?

According to Haryana Police in Ambala District, amid a stand-off with the farmers, who are protesting with their demands, any loss to the government and private property during the protest will be compensated by attaching the property and seizure of bank accounts of the protestors.

Key Points

• Continuous efforts are being made by the farmer organisations to break the barricade imposed on Shambhu Border by the farmers regarding their march to Delhi and daily attempts are being made to spoil the law and order by pelting stones at the police administration and creating disturbance.
• If public property is damaged by the agitators during the movement, there is an amendment in the Prevention of Damage to Public Property Act, 1984 (PDPP Act)
  • Under the provisions of the Supreme Court in which, the people who caused damage to public property during the movement or called for the movement and the officials of that organisation are held responsible for any damage caused.
• According to the Haryana Public Administration's Property Recovery Act, 2021, in case of damage to government property, there is a provision to compensate for the loss of public property by attaching property and confiscating bank accounts of the person causing the loss.
• The police have initiated the National Security Act (NSA),1980 against the farmer leaders.

Prevention of Damage to Public Property Act, 1984

• It punishes anyone “who commits mischief by doing any act in respect of any public property” with a jail term of up to five years and a fine or both. Provisions of this law can be coupled with those under the Indian Penal Code (IPC).
• Under this Act, public property includes “any building, installation or other property used in connection with the production, distribution or supply of water, light, power or energy; any oil installation; any sewage works; any mine or factory; any means of public transportation or of telecommunications, or any building, installation or other property used in connection therewith”.

Haryana Public Administration's Property Recovery Act, 2021

• The Bill provides for recovery of damages to properties caused by persons during disturbances to public order by an assembly, lawful or unlawful, including riots and violent disorder.
• It also ensures compensation to the victims.
• The recovery will not only be made from those who indulge in violence but also from those who lead the protest, the organizers, those involved in its planning and provide encouragement and the participants.
• The provision for the constitution of Claims Tribunal to determine the liability, to assess the damages caused and to award compensation.

National Security Act, 1980

• The NSA is a preventive detention law enacted in 1980 to maintain public order and national security.
• Preventive Detention involves the detainment (containment) of a person in order to keep him/her from committing future crimes and/or from escaping future prosecution.
  • Article 22 (3) (b) of the Constitution allows for preventive detention and restriction on personal liberty for reasons of state security and public order.
  • Article 22(4) states that no law providing for preventive detention shall authorize the detention of a person for a longer period than three months.
• The act also provides for the constitution of a National Security Council, which advises the Prime Minister on matters relating to national security.