Uttar Pradesh Recovery of Damages to Public and Private Property Act 2020
The Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020 is a specialized piece of legislation designed to address the financial aftermath of civil unrest. Promulgated to curb violence at public places and prevent the escalation of unrest, the law focuses on the recovery of losses incurred by both the state and private citizens during periods of instability.
Key Facts
- Enactment Date: 15 March 2020.
- Promulgated by: Governor Anandiben Patel.
- Introduced by: Chief Minister Yogi Adityanath.
- Territorial Extent: State of Uttar Pradesh, India.
- Primary Goal: Recovery of damages to public and private property during riots, protests, and strikes.
- Legal Status: Currently in force, though challenged in the Allahabad High Court.
Legislative Background and Purpose
The Act was introduced following a period of public commotion and protests, including the CAA protests in Uttar Pradesh. Its primary objective is to provide a legal mechanism to recover costs associated with damages caused during a hartal (a strike or shutdown) or bundh (a complete closure of shops and offices), as well as during riots and general public protests.
The legislative intent aligns with a 2007 observation by the Supreme Court of India, which stated that a "strong law" was necessary to handle property damage resulting from political protests.
Legal Mechanisms and Controversies
The Act establishes claim tribunals to oversee the recovery of damages. A significant feature of this legislation is that it limits judicial review by other courts regarding the tribunal's decisions.
One of the most debated aspects of the Act is the shift in the burden of proof. In standard Indian legal proceedings, the burden of proof typically rests with the accuser or the investigating agencies. However, under this Act, individuals named as accused are expected to present evidence of their innocence to avoid liability for damages.
Due to these deviations from standard legal processes, the Act has been challenged in the Allahabad High Court.
| Feature | Details |
|---|---|
| Citation | UP Ordinance No. 2 of 2020 |
| Legislative Assembly Passage | 22 August 2020 |
| Applicable Events | Hartals, bundhs, riots, protests, and public commotion |
| Recovery Method | Claim Tribunals |
| Related Legislation | Haryana Recovery of Damages to Property During Disturbance of Public Order Act |
Frequently Asked Questions
What is the main purpose of the Act?
The Act aims to control violence at public places and ensure that the costs of damages to public and private property during riots, protests, or strikes are recovered from those accused of causing the damage.
Who promulgated this law?
The law was promulgated by the Governor of Uttar Pradesh, Anandiben Patel, on 15 March 2020, and was introduced by Chief Minister Yogi Adityanath.
How does the burden of proof differ in this Act?
Unlike standard Indian law where the prosecution must prove guilt, this Act expects the accused to provide evidence of their innocence once they have been named as an accused party.
Which body handles the recovery of damages?
The recovery process is managed through claim tribunals, and the Act specifies that there is no judicial review of these proceedings by any other court.
Is the Act currently being contested?
Yes, the legislation has been challenged in the Allahabad High Court.