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The Indian Supreme Court is poised to issue nationwide guidelines aimed at curbing the controversial practice of demolishing homes as a punitive measure, often referred to as 'bulldozer justice'. This practice has drawn widespread criticism for its potential to be used unfairly and to target individuals based on accusations or convictions rather than due process. The Court, recognizing the gravity of the issue, has expressed its intent to clarify that demolitions cannot be carried out solely on the basis of someone being an accused or convict in a crime. This will ensure that demolition actions are not used as a tool for arbitrary punishment or as a means to intimidate individuals based on their involvement in criminal proceedings.
The Supreme Court's decision to issue guidelines comes in response to a series of petitions highlighting instances where authorities have used bulldozers to demolish homes belonging to individuals accused or convicted of crimes. The petitioners argued that this practice undermines fundamental rights and often lacks due process, leaving individuals vulnerable to arbitrary actions. The Court has acknowledged these concerns and emphasized the need for a fair and transparent process when dealing with unauthorized constructions or public encroachments. This involves ensuring that demolition actions are carried out after proper notice is given to affected individuals, allowing them sufficient time to make alternative arrangements, and providing an opportunity for judicial review.
The Court's intervention in this matter underscores the importance of upholding the rule of law and ensuring that individuals are not deprived of their homes without proper legal justification. The proposed guidelines are expected to address concerns regarding the potential misuse of local laws and to provide a framework for ensuring fair and impartial application of the law. The Court's focus on judicial oversight, transparency, and procedural fairness signifies its commitment to safeguarding individual rights and preventing the use of demolition as a means of punishment or intimidation. It is hoped that these guidelines will serve as a deterrent against the misuse of bulldozer actions and promote a more equitable and just approach to dealing with unauthorized constructions and public encroachments.