In a welcome development, the Supreme Court on Monday came down heavily on ‘bulldozer justice’, in the country, questioning how a house can be demolished just because it belongs to an accused or even a convict in a criminal case. This certainly is going to put a stop to the instant justice being meted out by some state governments to punish people they deem criminals, without any due process of law.
The apex court also proposed a set of pan-India guidelines to be followed before demolishing homes. And this will hopefully mandate a due process of law before the extreme step is taken. More so, in cases of the alleged crimes committed by one member of a family. Why should other members of a family be held responsible for this and made to suffer as a result. Even in cases where a house or a business establishment has been built on illegally occupied land, the violation needs to be proven through a legal process before demolition can go ahead.
Although this argument was also made by the Solicitor General of India Tushar Mehta, the truth is that this is not how demolitions are carried out on the ground. Generally, the illegality of a structure is not the primary reason for bulldozing it. The demolitions largely follow after a person is deemed to have committed a crime unrelated to illegal occupation of land.
There have been instances where houses of people arbitrarily alleged to have violated any law have been demolished. Worse, the demolitions have largely been carried out selectively. Besides, if the illegal nature of a structure was the sole basis for bulldozing it, then there are millions of such structures in the country, particularly in urban areas.
But the truth is the demolitions are pursued with a political goal in mind. Some political parties see lucrative electoral spin-offs from demolishing properties of some ethnic and religious groups. Sadly, the practice has so far been going on regardless without any institutional check. But the situation now seems to be changing for the better. Belatedly though, the Supreme Court is now intent on drawing clear demarcations which governments can’t breach. Hopefully, the guidelines will come soon, making it difficult for the ruling parties to play merry with rules. Hundreds of families across the country have been wrecked as a result of this instant justice. One hopes that the apex court also ensures they get some compensation to rebuild their lives.
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