Bulldozer Justice

Why in News?

Recently, the Supreme Court of India has invited suggestions from the parties concerned to frame appropriate pan-India guidelines on extra-legal demolitions.

What is bulldozer justice?

It refers to extra-legal demolition of properties of individuals accused of crimes, often targeting their families too and executed via bulldozers.
Causes – Large-scale demolition drives are executed as a means of collective punishment for rioters.
Extra-legal demolishment - The bulldozer action that had started in Delhi’s Jahangirpuri in 2022 has now spilled over to different parts of the country.
The violence that ensued in Nuh, Haryana in 2023, due to a clash between two religious groups, ended with the local administration demolishing a number of homes in the neighbourhood.
Communal riots in Madhya Pradesh’s Khargone also resulted in the demolition of houses and businesses owned by Muslims who were deemed to be ‘alleged rioters’.
Issues – In each of these cases, the demolition is justified under municipal laws either on account of
- Action against encroachment or
- Under the pretext of unauthorised construction

The due process envisaged under judgments of the Supreme Court and High Courts like Sudama Singh & Ors. vs Government of Delhi and Ajay Maken & Ors vs Union of India are completely bypassed in bulldozer justice.

Legal Conditions for Demolition of Constructions

It is on the basis of municipal laws of the state governments like
- Delhi Municipal Corporation Act
- Mumbai Municipal Corporation Act
Unauthorised constructions- Structures that have been built without proper permits or in violation of municipal regulations.
Encroachments on public land- Properties that encroach upon public roads or other public spaces.
Violation of building codes- Structures that do not comply with prescribed building codes or safety regulations can be demolished.
Violation of municipal regulations- Non-compliance with local building codes or regulations.

How it violates rule of law?

Punitive measure – This ‘tough on crime’ or ‘eye for an eye’ approach are punitive measures, carried out without due process or proper legal justification.
Violates fundamental rights – Demolishing homes without following legal procedures violates fundamental rights and due process, raising serious constitutional concerns.
Loss of Assets- Individuals may lose valuable assets and investments due to demolitions, which can have long-term financial implications for affected families.
Violates family members rights - It can displace families, leading to significant socio-economic hardships.
Ethical issues- It raises ethical concerns about fairness and justice.

The United Nations Basic Principles and Guidelines on Development-based Evictions and Displacement, 2019, prescribe directives to address displacement issue from a humanitarian perspective.

What are the recent SC guidelines?

Alleged involvement in crime is no ground for demolition of a property.
The alleged crime has to be proved through due legal process in a court of law.
No individual’s property should be destroyed solely due to their or a family member’s alleged involvement in criminal activities.
Even in cases of illegal constructions, demolitions must adhere to proper legal protocols.
It proposed the respective authorities to lay down certain guidelines on a pan-India basis so that the concerns with regard to the issues raised are taken care of.

How due process in demolitions can be ensured?

The cardinal rule is that demolitions must be carried out only in exceptional circumstances, and according to the due process established under law.
Classifying the properties – Classify the types of buildings or constructions that can be brought down by state actions.
Assessing surrounding circumstances – It must strike a balance between state action and the right to adequate housing and resettlement.
Data analysis on recent demolitions – It is to identify clear patterns and better understand the existing gaps in the process.
Structured procedural guidelines – It should in a phased manner, to add multiple checkboxes at each stage which need to be ticked before any irreversible step is taken.

Pre-Demolition Phase

Burden of proof to show cause should be shifted from the affected person to the authority.
Publish information about land records and resettlement plans in notice for demolition.
Ample time be given for those concerned to analyse the situation, seek legal advice and respond to the show-cause notice.
An independent committee of the State government, with judicial and civil society representatives, should review the proposed demolition.
Affected persons must be engaged in discussions about alternative housing options and compensation.
During this phase, the needs of vulnerable groups such as children, the elderly, and disabled persons should be addressed.
A minimum period of a month should be provided between the intimation of notice to demolish and its execution, allowing affected individuals time to retrieve their belongings.

Demolition Phase

Minimise the use of physical force in the eviction process.
Avoid the use of heavy machinery such as bulldozers.
A requirement for the presence of government officials who are not a part of the authority demolishing the construction.
Pre-decide the time for the demolition.
Surprise demolitions should be cause for punitive action against the authority.

Rehabilitation Phase

Provide adequate and proper temporary or permanent rehabilitation.
Establish a speedy grievance redress mechanism to afford the affected persons a chance to challenge the decisions that may have been taken at any stage.
Remedies such as compensation, restitutions and return to the original home must be carved out within the law.

What lies ahead?

The current task of the Supreme Court i.e., formulating pan-India guidelines must look at the issue through a multidimensional lens.
In the course of devising guidelines, the Supreme Court must impose a complete moratorium on the punitive demolition of establishments.
In legitimate instances of demolition, the guidelines should prescribe a strict tripartite procedure to ensure that those at the receiving end are not rendered helpless without any recourse.

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