 |
|
The Supreme Court of India has delivered a landmark judgment prohibiting the demolition of properties as a form of collective punishment against families merely because one member is accused or convicted of a crime. This ruling, delivered on Wednesday, outlines pan-India guidelines on property demolitions, emphasizing the importance of individual rights and the constitutional protection against arbitrary state actions.
The court's decision underscores the principle that demolishing a house solely based on the criminal status of one resident is disproportionate and unjust. It recognizes the profound impact such actions have on families, often leading to displacement, loss of livelihood, and a sense of injustice. The court emphasizes that a home represents more than just property; it symbolizes a family's hopes, stability, and security. Depriving individuals of their homes, especially based on the actions of one member, infringes upon their fundamental right to shelter, which is an integral aspect of the right to life and personal liberty enshrined in Article 21 of the Indian Constitution.
The judgment further emphasizes the principle of due process and the presumption of innocence. It acknowledges the potential for abuse when authorities selectively target structures for demolition based on the criminal involvement of one resident. The court recognizes that this could be a form of 'penalizing the accused without even trying him before the court of law,' a blatant violation of the fundamental principles of a fair trial and justice. To safeguard against such abuses, the court mandates that authorities must demonstrate that the demolition is a last resort and that other options, such as compounding or partial demolition, are not feasible.
This ruling has significant implications for the legal framework governing property demolitions in India. It establishes clear guidelines that must be followed by authorities to ensure fairness and proportionality in such actions. The court's decision underscores the importance of balancing public interests with individual rights, particularly in cases where vulnerable populations are at risk. By prohibiting collective punishment and emphasizing the need for due process, the court strengthens the rule of law and safeguards the fundamental rights of all citizens.
Source: Supreme Court Rules Against Collective Punishment In Property Demolitions