Bulldozer Justice
Kartavya Desk Staff
Syllabus: Polity & Governance
Source: IE
Context: The Supreme Court in Demolition of Structures v. and Ors case judgement laid down a series of guidelines to ensure that due process is followed for demolishing the properties of citizens.
What is Bulldozer Justice?
“Bulldozer justice” refers to the practice of using bulldozers and heavy machinery to demolish properties of individuals accused of crimes, often without due legal process. The term symbolizes instant punitive action by the state, bypassing judicial adjudication and procedural safeguards.
Examples of Bulldozer Justice
· Madhya Pradesh: Houses demolished after communal clashes in Khargone.
· Haryana: Demolitions in Nuh post-communal violence.
· Delhi: Jahangirpuri demolitions in April 2022 following riots.
Concerns Regarding Bulldozer Justice:
• Violation of Rule of Law: Actions bypass legal procedures like prior notice and hearings.
• Breach of Fundamental Rights: Violates the right to shelter under Article 21 of the Indian Constitution.
• Presumption of Innocence: Penalizes individuals before being proven guilty in court.
• Targeting minorities: Reports of disproportionate action against Muslims, raising questions of communal bias.
• Authoritarian Practices: Undermines democratic governance, consolidating power with the executive.
• Ethical Concerns: Punishes entire families, conflates roles of judge, jury, and executioner.
Supreme Court Judgments on Demolitions:
· Olga Tellis vs. Bombay Municipal Corporation, 1985: Evictions without notice violate the right to livelihood.
· Municipal Corporation of Ludhiana vs. Inderjit Singh, 2008: Demolitions require prior notice and hearings.
· Punjab and Haryana HC (Nuh, 2023): Stopped demolitions citing lack of due process and ethnic targeting.
Supreme Court’s Summary Guidelines:
• Notice Period: Minimum 15 days’ notice before demolition.
• Transparency: Notices and orders to be uploaded in real-time on digital portals.
• Hearing and Final Order: Must include reasons why demolition is the only option.
• Post-Order Period: 15-day window to allow appeals or voluntary evacuation.
• Videography and Accountability: Demolition must be recorded, and officials involved listed.
• Punitive Measures for Violations: Personal accountability for restoring properties and paying damages.
Way Ahead:
• Strengthening Rule of Law: Ensure strict adherence to due process in demolitions.
• Judicial Oversight: Establish specialized tribunals for cases of illegal demolitions.
• Community Engagement: Foster dialogue with affected communities to address grievances.
• Accountability: Implement robust mechanisms to hold officials accountable for misuse of power.
• Training and Awareness: Sensitize authorities about constitutional safeguards and legal procedures.
Insta Links:
• Bulldozer-justice-must-end-SC-warns-states
• Effectiveness of the government system at various levels and people’s participation in the governance system are interdependent”. Discuss their relationship in the context of India. (UPSC-2016)