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The Supreme Court of India has taken a strong stance against the recent trend of demolishing properties as a punitive measure against those accused of crimes, a practice often referred to as 'bulldozer justice.' This controversial practice has drawn widespread criticism for its disproportionate impact on marginalized communities, particularly Muslims. The court's intervention comes in response to a growing number of petitions challenging the legality and fairness of such demolitions.
In February 2022, Amnesty International released a report highlighting the alarming trend of 'bulldozer justice' in India. The report documented 128 instances of property demolitions, primarily targeting Muslim communities, in five states between April and June 2022. The report emphasized that such demolitions were carried out without due process and often served as a form of collective punishment, violating basic human rights principles. The Supreme Court's concerns echo these findings, recognizing the inherent injustice and potential for abuse associated with using demolitions as a form of punishment.
The court's stance is grounded in the principle that individuals should not be punished for alleged crimes by destroying their homes or property. Even if convicted, individuals are entitled to due process and fair treatment. The court's proposal for pan-India guidelines aims to establish a clear framework for addressing such situations, ensuring that any demolition of property is justified, legally sanctioned, and carried out in a transparent and equitable manner. The court's call for suggestions from various stakeholders, including legal experts, human rights organizations, and state governments, demonstrates its commitment to crafting comprehensive guidelines that address the complex legal and social implications of 'bulldozer justice.'
The court's intervention is significant because it highlights the importance of upholding the rule of law and ensuring that justice is served fairly and impartially. The practice of 'bulldozer justice' has been criticized for its potential to exacerbate existing social divisions, undermine the legal system's credibility, and create a climate of fear and insecurity. By seeking to establish clear guidelines, the Supreme Court aims to prevent the misuse of demolition powers and ensure that such actions are always based on sound legal principles and due process. The court's willingness to intervene and shape the legal landscape surrounding 'bulldozer justice' reflects its commitment to protecting fundamental rights and ensuring that justice prevails in the face of arbitrary and discriminatory practices.
Source: ‘Homes can’t be demolished’: SC proposes to issue pan-Indian guidelines on ‘bulldozer justice’