Key Takeaways:
– India’s Supreme Court has ruled against the demolition of illegally-built properties linked to suspected criminals.
– The ruling was prompted by numerous petitions over an increase in property demolitions associated primarily with Muslim suspects.
– Courts have criticized the subjective approach taken towards destruction, exposing a bias against Muslims.
– New guidelines established by the court require authorities to give at least 15-day advance notice before demolishing any illegal property.
Supreme Decision Against “Bulldozer Justice”
In a significant judgment, the Supreme Court of India determined that the widespread practice of demolishing illegally-constructed structures linked to alleged criminals is unconstitutional. There are accusations that several state governments employ this method, known as “bulldozer justice,” to punish individuals outside the courtroom.
Counter to Legal Principles
The Supreme Court issued a 95-page judgment stating that the act of destruction exceeds the executive’s power. The executive branch cannot perform judicial functions by deciding an accused person’s guilt and punishing them through property demolition.
The court delivered this decision in response to several petitions regarding an increase in residential demolitions. These demolitions primarily target suspects living in states governed by Prime Minister Narendra Modi‘s Bharatiya Janata Party (BJP).
Claims of Bias and Discrimination
Critics of the BJP allege that “bulldozer justice” is used to target Muslims primarily, a claim the party consistently refutes. While BJP officials argue that they follow due legal process during the demolitions, the court found a selective application of the law.
The court remarked that there has been an arbitrary and unwarranted preference when dealing with illegal structures, suggesting a bias against Muslims. As per the court, illegal structures belonging to non-Muslims in the same areas undergo relatively fewer demolitions.
Witnesses to Unlawful Demolition
The Supreme Court considered various petitions, including one about the demolition of dozens of homes owned largely by Muslims in Delhi’s Jahangirpuri neighborhood in April 2022. These demolitions followed sectarian clashes in the area, sparking accusations of religious discrimination and extrajudicial punishment.
Justices B.R. Gavai and K.V. Viswanathan condemned the spectacle of homes being demolished through bulldozer justice. They described it as a chilling sight that hints at a lawless state of affairs. They further asserted that such power abuses go against constitutional principles and should not be tolerated in a court of law.
Supreme Warning for State Authorities
The court issued a stern warning to state authorities, threatening to take action against officials found guilty of highhanded and arbitrary actions. Concurrently, comprehensive guidelines for home demolition without necessary permits were issued.
The guidelines mandate a minimum of 15 days’ advance notice before an illegal property’s demolition. Authorities must also explain to the occupant the need for the demolition. Additionally, according to the new regulation, sufficient time must be provided to the occupiers to either remove the construction or challenge the demolition order in a court of law.
Forefront of Human Rights Violations
Amnesty International’s report revealed that authorities in five Indian states demolished 128 structures within a span of three months in 2022 alone. The incessant property destruction practice exemplifies blatant human rights violations, which have been now legally challenged by India’s top authority.
The Supreme Court’s judgment emphasizes the necessity of maintaining the constitutional integrity and upholding the rule of law. Only time will reveal how effectively state governments implement the guidelines and whether the ruling brings about a change towards just practices.