Recently, the SC bench headed by Justices B R Gavai and K V Viswanathan, issued comprehensive guidelines to ensure due process in property demolitions, particularly in cases where demolitions are linked to property owners alleged to be involved in criminal activities. The Supreme Court through the verdict aims to address the concerns with the misuse of power by the executive in the name of providing “bulldozer justice”.
What is Bulldozer Justice? What is the recent history of this action?
Bulldozer Justice- It refers to a controversial practice in India where authorities use bulldozers and heavy machineries, to demolish properties belonging to individuals accused of serious crimes like communal riots, rapes, and murders. The action is often carried out without following due legal process, provided for the demolition of immovable properties.
Instances of Bulldozer Justice
The practice of Bulldozer Justice has been reported in several Indian states, including Uttar Pradesh, Delhi, Madhya Pradesh, Gujarat, Assam, and Maharashtra.
| Uttar Pradesh | The use of bulldozer against the immovable properties of individuals accused to be involved in serious crimes, has been rampant since 2017. Ex- Demolition of Immovable properties of Vikas Dubey, Atiq Ahmed. |
| Madhya Pradesh | Use of bulldozer to demolish 16 houses and 29 shops across four locations in Khargone, following communal clashes. |
| Haryana | Bulldozer action in Nuh after communal violence. |
| Maharashtra | Demolition of a part of actor-turned-politician Kangana Ranaut’s bungalow in Pali Hill in Mumbai, after her controversial comments of comparing the city with Pakistan Occupied Kashmir (POK). |
| Delhi | Bulldozer justice in North West Delhi’s Jahangirpuri, in April 2022 following the communal clashes. |
What are the key Guidelines Issued by the Supreme Court?
| Notice Requirements | a. Advance Notice- Authorities must provide at least 15 days’ notice before any demolition. The 15 day period starts from the date the owner receives the notice. b. Content of Notice- The notice must detail the reason for demolition, describe the structure, and offer a date for a personal hearing to allow the owner to contest the action. c. Communication with Officials- Upon issuing the notice, officials must inform the District Magistrate or local Collector via email, with an automatic acknowledgment to prevent backdating allegations. |
| Hearing and Final Order | a. Recorded Hearing- Authorities must hold a hearing and record the proceedings. b. Contents of Final Order- The final demolition order must explain why the case cannot be resolved without demolition and specify if the entire or only part of the property will be demolished. It must also justify why demolition is the only viable option. |
| Post-Order Implementation | a. Waiting Period- After issuing the demolition order, authorities must wait another 15 days to allow the owner to challenge the decision in court or voluntarily remove the construction. b. Documentation- If the demolition proceeds, authorities must record a video, prepare an inspection report before the demolition, and document a demolition report listing all personnel involved. |
However, the guidelines do not apply to unauthorized structures in public areas or where a court order mandates demolition.
What is the rationale of the Supreme Court behind the verdict?
The court’s decision draws on fundamental constitutional principles and underscores several key concerns:
a. Unlawful demolitions violate Separation of Powers- The Supreme Court emphasized that only the judiciary has the authority to determine guilt and impose penalties. Allowing state officials to demolish properties as punishment for alleged crimes would encroach upon judicial powers.
b. Unlawful demolitions violate the Right to Shelter- Article 21 of the Constitution enshrines the right to life with dignity, which includes the right to shelter. SC held that depriving families of the right to shelter is “wholly unconstitutional.”
c. Safeguarding Against Discriminatory Action- The Supreme Court advised a separate evaluation for cases where an accused’s property also violates municipal laws. SC raised concerns that the targeting of a single structure while letting other similar structures remain untouched, suggests that the motive is to punish the accused rather than remove an illegal construction. The SC guidelines would help in safeguarding against such discriminatory actions.
d. Public Accountability and Transparency- The guidelines aim to increase accountability, transparency and avoid any “high-handed” actions by officials.
What are the arguments of the state in favour of Bulldozer Justice?
1. Fulfilment of Legal Compliance- State Government officials assert that bulldozer demolitions are carried out in accordance with existing municipal laws and regulations laid down in cases of illegal constructions. For ex- UP government officials contend that actions are carried out by adhering to legal protocols established under acts like the U.P. Municipal Corporation Act and the U.P. Urban Planning and Development Act.
2. Creation of Effective Deterrence- State Governments contend that ‘bulldozer action‘ is part of a broader strategy to deter illegal criminal activities and maintain public order.
3. Restoration of law and order- State governments contend that demolition of illegal properties of those accused in communal tensions, helps to restore order and calm tensions during incidents of communal violence or mass unrest. For ex- Haryana Government’s Bulldozer action after Nuh Violence.
4. Universal and not against specific communities- Solicitor General of India has stated that demolitions in states like Madhya Pradesh were not targeted against any specific minority communities. It also included properties owned by individuals from various communities, including Hindus.
5. Fulfilment of Public demand for visible action- Supporters often claim that bulldozer justice is a decisive step and serves as an effective response mechanism to public demand for quick, visible action against criminals.
What are the concerns with Bulldozer Justice in India?
1. Violation of the Rule of Law- Bulldozer demolitions without due process violate the rule of law and the principles of natural justice, that governs state actions in a country. For ex- Demolitions without serving proper advance notices and right of representation.
2. Violation of Fundamental Rights- The hasty bulldozer justice of demolition of private homes is violation of Right to Shelter which has been recognized as a part of the right to life, guaranteed by Article 21 of the Indian Constitution.
3. Violation of the established principle of Presumption of Innocence- Demolition of properties based on alleged criminal charges violates the principle of presumption of innocence until proven guilty.
4. Specific targeting of Minorities- Several reports highlight the selective targeting of minority communities, especially Muslims, by the use of bulldozer demolitions. For Ex- Amnesty International reported that 128 properties, mostly owned by Muslims, were demolished in between April and June 2022, affecting 617 people.
5. Promotes authoritarianism- According to some critics, bulldozer action reflects a troubling shift towards authoritarianism by making it a means of political retribution against dissenters or marginalized groups.
6. Ethical issues- Bulldozer justice conflates the roles of judge, jury, and executioner, and goes against the constitutional principle of separation of power. Further, there are ethical concerns of disproportionate punishments involving innocent family members of the accused.
What are the other observations of the Supreme Court in Cases of Demolitions?
| Maneka Gandhi vs Union of India, 1978 | SC held that the executive procedures must be fair, just, and reasonable. |
| Municipal Corporation of Ludhiana vs Inderjit Singh, 2008 | SC held that no authority can directly proceed with demolitions, even of illegal constructions, without providing notice and an opportunity of being heard to the occupant. |
| Olga Tellis vs. Bombay Municipal Corporation, 1985 | SC emphasised the necessity of due process and ruled that eviction without notice violates the right to livelihood under Article 21 of the Indian Constitution. |
| Punjab and Haryana High Court’s intervention in Nuh demolitions | The Punjab and Haryana High Court intervened to stop demolitions in Nuh, by citing lack of due process and potential ethnic targeting. |
What Should be the Way Forward?
These guidelines establish a robust framework to protect citizens’ rights and ensure lawful, accountable demolitions. Further, these steps should be taken to prevent any miscarriage of justice.
1. Adequate surveys before Demolition- The Supreme Court has mandated the administration to undertake a survey before carrying out demolitions. Also, the enforcement of basic procedural protocols, like giving sufficient advance notices, must be followed by the authorities.
2. Pan-India procedural guidelines- Pan India guidelines should be incorporated into relevant legislation and rules of the municipal authorities. Proper procedures must be followed during the pre-demolition, demolition and post-demolition phase.
3. Shifting the Burden of Proof- The burden of proof should be shifted to the authorities to justify demolition and displacement. This will ensure protection of the basic human right of right to shelter.
4. Independent Review Mechanism- An independent committee with judicial and civil society representatives should be constituted to review the legality of proposed demolitions.
5. Focus on Rehabilitation- Proper guidelines should be drafted for rehabilitation of innocent victims of the accused families in cases of bulldozer actions. International human rights standards also emphasise the right to adequate housing and compensation for forced evictions.
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