Supreme Court on Bulldozer Justice: Concerns and Suggestions

Supreme Court of India recently criticized the practice of demolishing homes which has been employed by authorities in some states as a form of punitive action against those accused of crimes. Check here Supreme Court Suggestions on Bulldozer Justice.

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Context: The Supreme Court of India has raised concerns regarding the legality of demolitions targeting the homes of alleged offenders.

Justice B.R. Gavai, leading a Division Bench with Justice K.V. Viswanathan, emphasised that legal principles do not allow homes to be demolished simply because someone is accused of an offence, even if they are convicted.
The government of Uttar Pradesh, while defending some demolitions on the grounds of law violations, agreed with the court that property should not be demolished solely based on criminal allegations. The court’s next hearing on this matter is scheduled for September 17, 2024.

Supreme Court on Bulldozer Justice: Concerns

The Supreme Court should consider whether the claim that only encroachments are being demolished is sufficient to excuse the violations of due process and rule of law seen in states like Uttar Pradesh, Madhya Pradesh, Haryana, and Delhi.
In many cases, backdated eviction notices are used to justify demolitions, and the celebratory behaviour of officials in some cases exposes the political and communal motives behind these actions.
The ruling parties in these states are believed to gain political mileage by portraying the demolitions as tough measures against anti-social elements, even though they are often thinly veiled communal actions presented as anti-encroachment drives.

Supreme Court Suggestions on Demolitions

Local laws permit the removal of encroachments and unauthorised constructions, but the Supreme Court has stated its intention to establish uniform guidelines for these actions across India.
The guidelines would focus on how unauthorised structures should be identified, ensuring that proper notices are issued and a fair hearing is given before any demolition action.
The Court must be cautious that the guidelines do not obscure the correlation between communal violence and the subsequent demolitions.
Digitalizing eviction notices is proposed as a solution to prevent backdated notices, but this may be difficult to implement universally across the country.