November 13, 2024: The Supreme Court of India is set to deliver an important verdict today on the controversial issue of "bulldozer justice," a term used to describe the punitive use of demolition drives against individuals accused of crimes. The case, which has drawn significant attention, focuses on whether the court should establish pan-India guidelines to prevent the illegal demolition of homes and properties, a practice that has raised concerns over human rights and legal accountability.
Earlier in October, the Supreme Court extended an interim order that required authorities to halt demolition drives until further notice. However, this order did not apply to unauthorized constructions, including religious structures on roads and footpaths, which the court deemed a threat to public safety. In these cases, the court emphasized that no religious structure—whether a temple, mosque, or gurdwara—should obstruct public spaces or traffic.
During the hearings, the court highlighted that being accused or convicted of a crime does not justify the demolition of a person’s home or shop. Justice Gavai, speaking for the bench, noted that India is a secular country and laws must apply equally to all citizens, irrespective of their religion. He pointed out that unauthorized constructions, regardless of the community they belong to, should be removed in accordance with the law.
The case also drew attention from international bodies, with the United Nations Special Rapporteur on Adequate Housing filing an application in September. The UN official criticized the practice, calling it a "punitive and arbitrary" form of demolition that violates human rights, particularly when it targets minority communities. The report warned that such actions could become a tool for land grabbing by the state.
The petitioners in the case have raised concerns about the increasing use of bulldozers as an extra-legal form of punishment, especially against marginalized groups. They have called for a legal framework to ensure that demolitions are carried out strictly in accordance with the law and that officials involved in unlawful demolitions are held accountable.
As the Supreme Court prepares to deliver its verdict, the country awaits clarity on whether it will issue nationwide guidelines to regulate the use of bulldozers in demolition drives and whether a system of accountability will be put in place to prevent misuse of power. The judgment could have significant implications for urban planning, citizens' rights, and the rule of law in India.