Ending Bulldozer Justice

Date

11/13/2024 7:11:12 PM

(MENAFN- Kashmir Observer)
Representational Photo

Stepping in to ensure the end of arbitrary demolitions of properties across the country, the Supreme Court on Wednesday issued nationwide guidelines to curb“bulldozer justice,” emphasizing that demolitions of properties cannot be conducted solely on the basis of accusations or convictions. A bench comprising Justices B R Gavai and K V Viswanathan deemed it“totally unconstitutional” for authorities to act as both judge and executor, demolishing homes of alleged offenders without due process. To protect citizens' rights, the Court mandated that demolitions must follow a show-cause notice, providing a minimum of 15 days after notice is served, and that all demolition proceedings should be videographed.

This certainly is going to put a stop to the instant justice being delivered by some state governments to punish people they deem criminals, without any due process of law.
Hundreds of families across the country have been wrecked as a result of this justice. This will hopefully discourage these governments from an easy recourse to
demolishing houses over the alleged blanket pretext of enforcing law and order. More so, in cases of the alleged crimes committed by one member of a family where other members of a family are held responsible for this and made to suffer as a result. Even in cases where a house or a business establishment has been built on illegally occupied land, the violation needs to be proven through a legal process before demolition can proceed.

There have been instances where houses of people arbitrarily alleged to have violated any law have been demolished. Worse, the demolitions have largely been carried out selectively. Besides, if the illegal nature of a structure was the sole basis for bulldozing it, then there are millions of such structures in the country, particularly in urban areas, a fact acknowledged also by the governments.

But the truth is the demolitions are pursued with a political goal in mind. Some political parties see lucrative electoral spin-offs from demolishing properties of some ethnic and religious groups. Sadly, the practice has so far been going on regardless without any institutional check. But the situation now seems to be changing for the better. Belatedly though, the Supreme Court has now drawn clear demarcations which governments can't breach. Hopefully, the guidelines will make some difference. Significantly, the
Supreme Court
warns
that any violation of the court directions could lead to contempt proceedings and along with compensation, the officials ordering the demolition could be asked to pay for the restitution of the property themselves. This will certainly act as a deterrent against arbitrary demolitions.

MENAFN13112024000215011059ID1108883735

Legal Disclaimer:
MENAFN provides the information “as is” without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the provider above.