Bulldozer Justice- Concerns and Way Forward- Explained Pointwise

Recently, the Supreme Court of India criticised the practice of ‘Bulldozer Justice‘, which is becoming a norm in the country. The Supreme court has stayed demolition drives through bulldozers till October 31. The Supreme Court has criticised the practice of the practice of demolishing properties based on criminal accusations.

In this article, we will look at the meaning of Bulldozer Justice and its application in India in the recent past. We will also look at the state’s arguments in favour of these actions. We will also delve into the concerns and implications surrounding these actions.

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.

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 Observations of the Supreme Court in Cases of Demolitions?

What Should be the Way Forward?

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.