Bulldozer Justice

• 14 Sep 2024

Why in News?

Recently, the Supreme Court of India (SC) criticized the practice of "bulldozer justice," highlighting that demolishing properties based on criminal allegations against individuals or their family members violates the rule of law.

Key Points

• "Bulldozer justice" refers to the practice of demolishing the property of individuals suspected of criminal activities or involvement in riots using bulldozers, often without adhering to due legal process.
  • This practice has been reported in several Indian states, including Uttar Pradesh, Delhi, Madhya Pradesh, Gujarat, Assam, and Maharashtra.
  • Demolitions are often justified under municipal laws for encroachment or unauthorized construction.
• This practice bypasses due process requirements outlined in Supreme Court judgments such as Sudama Singh & Ors. vs Government of Delhi and Ajay Maken & Ors vs Union of India.
• The SC has recently condemned this practice, emphasizing that demolishing properties based on accusations violates the rule of law and due process of law.
  • The SC has invited suggestions from the parties concerned to frame appropriate pan-India guidelines on extra-legal demolitions.
• An analysis has identified that procedural guidelines should be incorporated into relevant legislation and rules, structured in a phased manner with multiple checkpoints at each stage to ensure all necessary steps are followed before taking any adverse or irreversible actions.
  • Pre-Demolition Phase:
    • Burden of Proof: Shift the burden of proof to the authorities to justify demolition and displacement, ensuring protection of human rights.
    • Notice and Publicity: Provide a reasoned notice with information about land records and resettlement plans, and give ample time for affected individuals to respond.
    • Independent Review: An independent committee with judicial and civil society representatives should review proposed demolitions, particularly in neighborhoods.
    • Engagement and Planning: Engage affected individuals in discussions about alternative housing and compensation, addressing the needs of vulnerable groups. Allow a minimum of one month between notice and demolition.
  • During Demolition:
    • Minimization of Force: Avoid the use of physical force and heavy machinery such as bulldozers.
    • Official Presence: Ensure the presence of government officials not involved in the demolition to oversee the process.
    • Scheduled Timing: Demolition times should be pre-decided to prevent surprise actions.
  • Post-Demolition (Rehabilitation):
    • Rehabilitation: Provide adequate temporary or permanent housing solutions to ensure no one is left homeless.
    • Grievance Redressal: Establish a speedy grievance redress mechanism for affected individuals to challenge demolition decisions.
    • Remedies: Ensure remedies such as compensation, restitution, and possible return to original homes.