Martyrdom is the only way a man can become famous without ability,” noted George Bernard Shaw. Indian politicians, Raj Thackeray included, seem to have taken Shaw to heart. Window-smashing, car-bashing, bus-burning, and the “martyrdom” of the arrest that follows have proved a surefire way to boost political careers. No longer, if a new Maharashtra law delivers on its promise. Political parties which damage property during agitations will also have to foot the bill. As a consequence of the ordinance, NCP activists have reportedly paid a fine of Rs 20,000 as compensation for their attack on a VHP office in Mumbai. The legislation holds political parties responsible for the loss of property during agitations, bandhs or gatherings called by them. This new law was, ironically, passed by the the Congress-NCP state government, after the recent rioting by the MNS. Imposing civil liability — in addition to criminal consequences — on political vandals is good news. The burden of proof in civil cases being lower, fining rioting cadres is legally easier than giving them jail-time. Political parties are also more likely to be pinched by monetary costs, than deterred by their minions being sent to jail. In addition, politicians will be denied the free theatre space that an arrest drama provides. While the law itself is a welcome step, it must have adequate safeguards to prevent stifling legitimate non-violent protest. The law must also consider the role of political “leaders”, not just the riotous foot-soldiers.At the central level, the Supreme Court, in 2007, appointed the Thomas Committee to suggest ways to provide muscle to the Prevention of Damage to Public Property Act 1984. While the committee is yet to submit its recommendations, the Maharashtra ordinance offers a ready-made list of suggestions.
