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Supreme Court to rule on 'bulldozer justice' today: what's been said so far

The Supreme Court will deliver its verdict today on framing guidelines to prevent punitive 'bulldozer justice' demolitions. The court has raised concerns over extrajudicial actions by authorities

A bulldozer demolishes the house of a Muslim man that Uttar Pradesh authorities accuse of being involved in riots last week, that erupted following comments about the Prophet Mohammed by Bharatiya Janata Party (BJP) members, in Prayagraj (Photo: Reut

Photo: Reuters

Rimjhim Singh New Delhi

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The Supreme Court is set to announce its decision on Wednesday regarding petitions aimed at halting "bulldozer" demolitions used as punitive measures against accused individuals. The court's ruling is expected to address the need for nationwide guidelines to prevent allegedly "illegal" demolitions of homes and properties across the country.

Interim protection against demolitions

In its previous order on October 1, the Supreme Court extended an interim directive instructing authorities to suspend demolition drives until further notice, except for unauthorised constructions, including religious structures encroaching on public pathways. The court emphasised that “public safety” remains paramount and that structures like temples, dargahs, or gurdwaras obstructing public roads should not be permitted.
 
 
The top court highlighted during the hearings that being accused or convicted of a crime does not justify the use of bulldozer demolitions on homes or shops. “We are a secular country... Whatever we lay down... we lay down for all citizens. There cannot be a particular law for a particular religion,” remarked Justice Gavai, stressing that unauthorised structures should be addressed uniformly, regardless of the community to which they belong.

Proposal for nationwide guidelines and online awareness

Recognising diverse municipal and local laws, the court noted its concern about the potential misuse of these regulations for punitive actions. While contemplating pan-India guidelines, the justices proposed the establishment of an online portal to enhance public awareness around property rights and demolition protocols.

Concerns raised by UN rapporteur

The United Nations Special Rapporteur on Adequate Housing recently intervened, submitting a statement in September labelling punitive demolitions as a "grave violation of human rights." A UN official warned that such actions, especially targeting minority communities, may constitute “degrading treatment” and could potentially enable state-backed land grabs.
 
Petitioners in the case have pointed to a surge in bulldozer actions, asserting that these demolitions have become a form of extrajudicial punishment, disproportionately affecting marginalised groups. They called for all demolitions to strictly follow the law and have asked the court to ensure accountability for officials involved in previous demolition drives.

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First Published: Nov 13 2024 | 10:38 AM IST

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