Karnataka Clears Bill Proposing Jail Term For Unauthorised Use Of Public Property

The Karnataka Cabinet has approved the Karnataka Regulation of Use of Government Premises and Public Property Bill, which proposes up to three years of imprisonment, a fine of Rs 5 lakh, and arrest without a warrant for using public property without prior permission.

Approved on Thursday in Bengaluru, the proposed legislation is slated for introduction during the ongoing legislature session. Under the provisions of the draft bill, repeat violations will carry a prison term of up to five years and a fine of Rs 10 lakh. Offences under the proposed law will be non-bailable and cognisable.

The bill notes that multiple private organisations, associations, and groups have utilised government properties such as lands, playgrounds, parks, community halls, and public roads for activities, programmes, celebrations, and gatherings without obtaining permission or notifying authorities. The draft law states that such unauthorised use amounts to trespass and poses risks to public safety, peace, and order.

The legislation will apply to any private association, society, trust, club, or body of individuals, whether registered or unregistered. Government departments and authorities are excluded from its purview.

Under the bill, entities wishing to use government premises must submit an application seeking permission at least seven days before the scheduled event. Permission will also be mandatory for any procession or congregation of more than 10 people moving as a group on public property, including route marches and events organised by political parties, religious groups, and social organisations. Exemptions are provided for marriage and funeral processions, as well as unorganised gatherings for education, sports, leisure, amusement, and recreation.

The government will be empowered to deny permission on six specific grounds: public order, decency, and morality; safety and security of persons and property; preservation of communal harmony and prevention of sloganeering; ensuring smooth traffic flow and avoiding inconvenience to educational institutions and hospitals; the ability of the procession to remain peaceful and orderly; and maintaining the intended use of the property.

Opposition BJP state president B Y Vijayendra criticised the move, describing it as a backdoor attempt to regulate the Rashtriya Swayamsevak Sangh. Refuting the allegations, Minister Priyank Kharge stated that the bill does not target any specific group and questioned why any organisation should use public spaces without prior permission.