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The Indian Supreme Court has raised concerns over the practice of demolishing properties as a form of punishment for alleged crimes, terming it 'bulldozer justice'. The court has proposed the creation of nationwide guidelines to address this issue, emphasizing the illegality of such actions under existing Indian law.
The court's intervention follows reports of widespread property demolitions in several Indian states, particularly targeting Muslims. Amnesty International documented 128 structures being bulldozed between April and June 2022 in five states, including four ruled by the Bharatiya Janata Party (BJP). These demolitions were carried out without due process and often seen as a form of retaliation against individuals accused of crimes, sparking concerns about human rights violations and a lack of legal fairness.
During a hearing on a batch of petitions challenging these actions, the Supreme Court questioned the practice of demolishing homes based solely on accusations or convictions. The court stressed that property cannot be destroyed simply because an individual is an accused or even a convicted criminal. It has instructed petitioners to submit draft suggestions for the proposed pan-India guidelines, which will be compiled by Senior Advocate Nachiketa Joshi.
Two of the petitions under consideration involve individuals whose houses were demolished despite them not being directly involved in the alleged crimes. In Udaipur, Rajasthan, the house of a 60-year-old auto-rickshaw driver was demolished after his son was accused of stabbing a Hindu boy during communal clashes. Similarly, in Madhya Pradesh, the house and shop of Mohammad Hussain were demolished by the state administration, despite no evidence of his direct involvement in any crime.
The Solicitor General of India, representing Uttar Pradesh, argued that only illegal structures were demolished. However, the court emphasized the need for clear guidelines to ensure that property demolitions are carried out only in accordance with the law and not as a punitive measure against individuals or their families. The proposed guidelines are expected to outline a specific process that must be followed before any demolition can take place, ensuring transparency and fairness.
The Supreme Court's decision to issue guidelines on 'bulldozer justice' reflects a growing concern about the use of extra-judicial methods of punishment in India. It highlights the importance of upholding the rule of law and ensuring that all individuals are treated fairly under the legal system, regardless of their background or religious beliefs.
Source: ‘Homes can’t be demolished’: SC proposes to issue pan-Indian guidelines on ‘bulldozer justice’