Since a bandh, meeting or demonstration can take place anytime and anywhere and has the potential to cause damage to personal or public property, the state should establish criteria for compensation. We do not want to teach a lesson to any particular person or group, we need a legal system that guarantees the safety of citizens.
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How do citizens express their demands and concerns in a democracy? Speaking, writing. Before that, by standing in Chowk, Chautara and on the streets, demonstrating, sloganeering and rallying. It is the democratic right of citizens to demand individual and collective rights and interests, and it is the responsibility of the state to listen to them.
Conscious people use such platforms to monitor and warn the government and to express their opinion on national and international developments. Creative movements and demonstrations keep democracy moving and the state accountable. However, such programs may not always be objectively oriented, peaceful and creative. As a
, last Chait 15th, the demonstration organized by the royalists in Thinkune of Kathmandu turned violent. The royalists ransacked, set fire to, and looted the property of those who were not responsive to their demands. Police have arrested the accused and are investigating with the permission of the court. Therefore, those who are found guilty will be punished, the innocent will be released with honor. But whose property has been damaged, who pays for it? How do you do it? This sensitive question needs a debate today.
The demonstration was organized at Tinkune under the leadership of the 'Raj Sanstha Reasthapana United People's Movement Committee'. Although the coordinator of this committee was Navraj Subedi, the commander of the demonstration that day was Durga Prasai. Due to his past inflammatory speeches and activities, there were doubts that the day's demonstration would be peaceful. Needless to say, the royalists created an uproar in the areas around Tinkunne and Koteshwar. Two people died. During the
demonstration, 56 houses, institutions and offices were vandalized and set on fire. A total of 69 vehicles were damaged, including 7 of Nepal Police, 10 of other government offices, 1 of public institutes, 18 of private ones and the remaining 33 were not opened. A complaint has been filed with the police saying that a total of 469 million 85 thousand 340 rupees worth of damage has been caused due to arson and vandalism of government and private vehicles, buildings and physical structures.
Out of the total damage, only 4 crore 59 lakh 62 thousand 721 rupees worth of insurance has been claimed till last week. Thus, out of the total claims for performance damage, more than 42 crores of damages appear to be outside the scope of insurance. Every citizen has the option of insuring his property or not. No one has the right to damage uninsured property. There is no doubt that the responsibility of taking action and providing compensation to those who caused damage is again the responsibility of the state.
Rajawadi also burnt the vehicles of the river corridor which were moving towards the destination by an alternative route through the tense area. The offices of Kantipur Television and Annapurna Post were attacked. They set fire to the Herb Production and Processing Company Limited, which manufactures medicine including 'Sancho'. Bhatbhateni supermarket was looted. The party office of the United Samajwadi Party was vandalized and set on fire. Data on several office computers has been destroyed.
These are some details, which protestors were deployed on the streets not to express their demands, but with the well-planned purpose of harming others. The details of the damage have been collected by the police, which will be further evaluated according to the law. The main concern is that how do individuals or organizations who have suffered damage to their property get justice? In order to break the story, Section 73 of the Criminal Code 2074 states that vandalism or damage to public and private physical structures or objects should not be done, and if it is done, imprisonment and fines, as well as compensation shall be paid accordingly. But in practice there are few examples of such accountability. Therefore, over time, there is a risk that the victim's voice of justice will be entangled in the legal process. The
should be clear, those whose property has been damaged should get 100% compensation. There should be no "if-but-however" in this matter. Chait 15 and in such cases the state can do its homework on what process to ensure compensation, but it cannot be denied. Property insurers can get compensation through the insurance company. The government can also provide relief to the rest. But those whose property has been damaged are entitled to honorable compensation, not relief.
On the other hand, if a particular person is made a partner in a particular incident and given immunity in other incidents, then an all-acceptable method cannot be established. There may be a risk of faith-based decision-making behind the government. It can become a weapon of even greater vengeance.
A bandh, assembly or demonstration can take place anytime and anywhere and there is a possibility of damage to personal or public property, so the state should establish criteria for compensation. We do not want to teach a lesson to any particular person or group, we need a legal system that guarantees the safety of citizens.
