Supreme Court of India Moves to Curb Extra-Legal Demolitions

Source: The post Supreme Court of India Moves to Curb Extra-Legal Demolitions has been created, based on the article “Putting the brakes on ‘bulldozer justice’” published in “The Hindu” on 13th August 2024

UPSC Syllabus Topic: GS Paper 2- Important aspects of governance, transparency and accountability.

Context: The article discusses the Supreme Court of India’s decision to create nationwide guidelines for demolitions carried out without due process. It highlights issues like targeted demolitions, lack of legal recourse, and the need for a structured, fair approach to ensure proper procedures and rehabilitation for affected individuals.

For detailed information on Bulldozer injustice read Article 1, Article 2

What is the issue with extra-legal demolitions in India?

1. The Supreme Court of India is working on guidelines to address the problem of buildings being demolished without following legal procedures.
2. These demolitions often target vulnerable groups and result in the loss of homes without offering any alternative solutions or compensation. Examples include widespread demolitions in Delhi’s Jahangirpuri and following communal riots in Nuh, Haryana, and Khargone, Madhya Pradesh.

Why are these demolitions a concern?

1. These demolitions are concerning because they bypass the legal processes outlined by the Supreme Court and High Courts in past judgments.
2. They are typically justified under municipal laws but ignore the due process required by law, thus violating fundamental rights and constitutional values.

What solutions are being considered?

The solutions being considered by the Supreme Court to address illegal demolitions include:

1. Pre-Demolition Guidelines: Authorities must justify the need for demolition, providing detailed notices and allowing affected persons time to respond. This process aims to protect human rights and ensure public good.
2. Controlled Demolition Process: Demolitions should minimize physical force, avoid heavy machinery like bulldozers, and be supervised by non-involved government officials.
3. Post-Demolition Measures: There should be provisions for adequate rehabilitation and compensation. A swift grievance redress mechanism is proposed to allow affected persons to challenge demolition decisions and seek remedies.
4. Fixing Accountability: Officials responsible for illegal demolitions should be held personally accountable to prevent misuse of power, overriding “good faith” clauses in municipal laws that shield them from action.

Question for practice:

Discuss the concerns raised by the Supreme Court of India regarding extra-legal demolitions and the solutions being considered to address them.