Supreme Court Issues Strong Critique of Demolition Practices in Recent Case
Supreme Court Condemns ‘Bulldozer Justice’
In a landmark judgment, the Supreme Court of India has condemned the use of “bulldozer justice,” which has become an increasingly visible phenomenon in parts of the country. The term refers to the practice of using bulldozers to demolish properties, often targeting individuals or communities accused of crimes even before legal judgments are passed. In recent years, several state authorities have employed bulldozers to remove alleged illegal structures, often in cases where individuals or groups face criminal charges. The Supreme Court has called this practice “simply unacceptable” and a direct violation of the rule of law.
Justice Must Adhere to Due Process, Court Rules
The Supreme Court’s statement underscores the importance of adhering to due process and constitutional safeguards, even in cases where criminal accusations are involved. “The rule of law is the foundation of our democracy. Actions bypassing due legal process cannot be tolerated in a constitutional society,” the bench declared. The court clarified that while authorities have the right to act against unlawful structures, these actions must be conducted in accordance with established legal procedures rather than punitive demolitions. The statement came as part of the court’s ruling on a petition challenging several demolition drives conducted in Uttar Pradesh and Madhya Pradesh, where houses and properties of individuals allegedly involved in protests or communal incidents were arrested without prior notice or hearings. The court emphasized that actions bypassing judicial scrutiny threaten the fundamental rights of individuals and set a dangerous precedent for justice in India.
Targeted Demolitions Raise Concerns of Selective Action
In its judgment, the Supreme Court also raised concerns about selective demolitions targeting minority and marginalized communities. Recent incidents where demolition drives followed social unrest or protests have sparked allegations of communal bias and political motivations. Petitioners argued that these demolitions disproportionately affect vulnerable communities and undermine confidence in the impartiality of law enforcement. The Supreme Court urged the government and law enforcement agencies to ensure fairness, stating, “Justice must be equally accessible to all, and no individual should be targeted on the basis of religion, caste, or political belief.”
Accountability and Transparency, Vital to Restore Public Faith
The ruling emphasized that to maintain public faith in the justice system, transparency and accountability are essential. The court recommended that state governments establish clear guidelines and protocols to avoid misuse of demolition powers. Justice must be achieved through lawful investigation, prosecution, and adjudication, the court stressed, rather than through arbitrary, extrajudicial measures.
The Supreme Court’s firm stance on the issue is likely to prompt a reevaluation of “bulldozer justice” practices across various states. Legal experts and human rights advocates have welcomed the court’s directive, viewing it as a necessary step toward safeguarding democratic values and the rule of law.
As states review their policies, the court’s ruling stands as a reminder that the pursuit of justice must align with constitutional principles and respect for human rights, ensuring fairness and equity for all citizens.