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The Supreme Court of India has taken a decisive step to curtail what it perceives as the misuse of 'bulldozer actions' by state authorities. In a landmark interim order, the court has prohibited any demolition across the country without its explicit permission, effectively putting a brake on the controversial practice of demolishing properties as a punitive measure against individuals accused of crimes. This order, however, excludes encroachments on public spaces such as roads, footpaths, railway lines, and water bodies, recognizing the need for the removal of such unauthorized constructions.
The court's intervention comes in response to a series of petitions highlighting concerns about the increasing trend of states employing demolitions as a form of punishment, often without due process. The court cited its special powers under Article 142 of the Constitution, emphasizing its commitment to upholding the constitutional right to a home as an integral part of the right to life. The bench, comprising Justices BR Gavai and KV Viswanathan, expressed its unwavering belief that even a single instance of illegal demolition violates the fundamental ethos of the Indian Constitution.
The court's order underscores a critical point – the executive branch cannot act as the judge and jury in such matters. It has categorically rejected the argument that demolitions are justified solely because individuals are accused of crimes, even if they are subsequently convicted. The court's stance underscores the importance of adhering to legal procedures and ensuring that any demolition action is carried out strictly in accordance with the law, not as a tool for extrajudicial punishment.
This order has sparked a debate about the appropriate balance between maintaining public order and protecting individual rights. While the court acknowledges the need to address unauthorized constructions, it has drawn a firm line against using demolitions as a form of punishment, asserting the fundamental right of citizens to a home. The Supreme Court's order marks a significant development in the ongoing legal battle against the arbitrary use of 'bulldozer actions', with the potential to shape the future of demolition practices in India.
The court's order has attracted widespread attention, with many viewing it as a crucial step towards preventing the misuse of executive power. However, the Solicitor General of India, Tushar Mehta, expressed his reservations, arguing that this order could hinder the actions of statutory authorities. The court, however, remained steadfast in its decision, emphasizing that a temporary suspension of demolitions would not result in any catastrophic consequences. The court has also indicated its intention to formulate comprehensive guidelines to regulate demolitions nationwide, ensuring that such actions are carried out fairly and within the bounds of the law.
The issue of 'bulldozer actions' has sparked a heated debate in India, with concerns raised about the disproportionate impact on marginalized communities. The Supreme Court's order serves as a powerful reminder of the importance of upholding the rule of law and ensuring that all citizens are treated with fairness and dignity. This case is expected to have far-reaching implications, potentially ushering in a new era of transparency and accountability in the realm of demolitions in India.