In Outlook’s May 16, 2022 issue, the question was dealt with in depth
On Wednesday, the Supreme Court of India lashed out at states, condemning the now-commonplace practice of demolition of homes and businesses of accused, undertrial persons, popularly dubbed "Bulldozer Justice". The apex court issued directives to curb the practice, which it called a “naked display of ‘might is right’" in a landmark judgement.
In its 95-page judgment, an SC bench comprising Justices B R Gavai and KV Viswanathan ruled on public interest litigation petitions from multiple states—including Uttar Pradesh, Madhya Pradesh, and Rajasthan—that said that states were demolishing citizens’ homes as retribution for alleged offenses.
The apex court judgment on November 13 highlighted that rule of law, presumption of innocence till proven guilty, and separation of powers were “core elements” of the Constitution; the Executive/states could not “violate” these Constitutional principles with practices like bulldozer demolitions. Justice Gavai, who authored the judgement, pointed out that every accused person is presumed innocent until proven guilty, and that no government body has the right to take punitive actions, such as property demolition, without judicial due process.
“The chilling sight of a bulldozer demolishing a building…reminds one of a lawless state of affairs,” said Justice Gavai. Demolishing an accused person’s home without a proper trial was not only violative of the judicial process but are also undermining public trust in the state, he said.
“A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future,” said Justice Gavai. The bench further added that home demolitions do not only punish an accused, but also the families of such persons as the buildings they destroy are often shared homes, leaving elderly parents, spouses, and children homeless.
Justice Gavai also said 'bulldozer justice' was “collective punishment” to the accused and their family. The government could not transform itself into a judge to find an accused guilty without trial and deliver a “collective punishment” to him and his family by wrecking their home and their shared memories with a bulldozer, said the judge. Bulldozer Justice, thus, violates Article 21 of the Indian Constitution, which guarantees the right to life and dignity, the court concluded.
The Supreme Court underscored the seriousness of the issue by invoking its extraordinary powers under Article 142 of the Constitution to issue binding directions in cases of 'bulldozer justice'. These includes putting in place procedures that include a 15-day advance notice requirement to occupants of the property, and giving those occupants time to respond to the notice, and for the housing authorities to give detailed orders laying out the reasoning behind the demolitions. Other directives, which are aimed at ending Bulldozer Justice and promoting transparency and accountability in state actions, include mandatory video recording of demolitions and fixing personal responsibility on officers who are found to violate these directions. This could include the said officers paying for the demolition from their own salaries, the court said.
However, the court clarified that its guidelines are not for cases involving encroachments on public lands, such as roads and footpaths, or court-ordered demolitions. This leaves a loophole in the law whereby authorities could carry on with 'bulldozer justice'. In 2022, for instance, similar demolitions continued under the guise of clearing encroachments despite the Supreme Court’s temporary stay order, such as the April 2022 bulldozing of the basti in Jahangirpuri in North Delhi where the BJP-ruled Municipal Corporation brought bulldozers to raze ‘encroachments’. At that time, Communist Party of India (Marxist) leader Brinda Karat physically intervened to prevent demolitions in the neighbourhood.
Despite intermittent court stays and public protests, 'bulldozer justice' has been seen other States like Assam and Gujarat. The petitioners pointed out that between April and June 2022, human rights organisations reported that at least 128 properties had been demolished by officials in four BJP-ruled states and one Aam Aadmi Party-ruled state.
The states argued that demolitions had happened at places where the buildings/structures were in violation of municipal regulations or situated on public lands. However, Justice Gavai clarified factors that could indicate bad faith on the state's part. Selectively targeting one structure in a neighbourhood would be bad faith, he said.
Describing 'bulldozer justice' as “anarchy”, the apex court shifted the burden of proof that the demolitions are not intended as punishments onto the authorities.
In Outlook’s May 16, 2022 issue titled Demolition Row , Ashutosh Sharma had written on how bulldozer justice circumvents the rule of law. The issue included a story by Ashutosh Bhardwaj that showed how this practice is akin to Kangaroo Courts. Senior advocate Colin Gonsalves had written that such demolitions were violative of Article 21.
With the Supreme Court finally stepping in to govern and monitor cases of Bulldozer Justice, Outlook looks back at victims of the past and hold accountable those in power. As Justice Gavai of the SC said: “The greater the power to decide, the higher is the responsibility to be just and fair.“
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