On November 13, 2024, the Supreme Court of India issued a landmark ruling aimed at regulating property demolitions, mandating a 15-day notice to owners before any action can be taken. This decision comes in response to the controversial practice of "bulldozer justice," which has seen properties demolished based on allegations against individuals. But, what is “bulldozer justice,” who started it, and why? Let’s cover it all.
Supreme Court makes it unconstitutional
The Supreme Court issued a significant ruling regarding property demolitions, mandating that no demolition can occur without a 15-day advance notice to the property owner. The court emphasized that this notice must be served via registered post and prominently displayed on the property itself. It should detail the nature of the unauthorized construction, specific violations, and grounds for demolition. Additionally, all demolitions must be videographed, and any failure to adhere to these guidelines could lead to contempt charges against officials involved in the process.
This ruling follows earlier criticism from the Supreme Court regarding the practice of "bulldozer justice," which involves demolishing properties linked to individuals accused or convicted of crimes without due legal process.
Earlier judgment
On September 2, the court had expressed concern that properties cannot simply be demolished based on accusations or convictions without following established legal procedures. The court aims to create national guidelines to ensure that demolitions are conducted lawfully, while also clarifying its stance against illegal structures on public roads.
What is “Bulldozer Justice”?
The term "bulldozer justice" refers to the controversial practice of demolishing homes and businesses belonging to alleged criminals or riot suspects in various Indian states, including Uttar Pradesh, Delhi, Madhya Pradesh, Gujarat, Assam, and Maharashtra.
This approach has drawn criticism for its tendency to punish entire families for the alleged crimes of one individual without due process.
Where and when did it all start?
In September 2017, shortly after Yogi Adityanath became Chief Minister of Uttar Pradesh, he issued a stern warning about using bulldozers against individuals involved in criminal activities. He famously stated, “My government will bulldoze houses of anyone even thinking of perpetuating crime against women and weaker sections of society.”
Over the years, the Adityanath administration razed numerous properties, including those associated with gangster-turned-politician Mukhtar Ansari.
Reports indicate that Yogi's efforts led to the recovery of over 67,000 acres of government land from land mafias. This aggressive approach earned him the nickname "Bulldozer Baba," reflecting his tough stance on crime.
During the 2022 Uttar Pradesh Assembly elections, this narrative became a central theme for the BJP's campaign, showing how properties linked to criminals like Mukhtar Ansari and Atique Ahmad were targeted. Following the BJP's victory in the elections, many party workers celebrated with bulldozers, symbolizing their triumph.
Soon, it became a national trend
The controversy surrounding "bulldozer justice" in India gained national attention in May 2022 following offensive remarks made by BJP spokesperson Nupur Sharma about Prophet Muhammad during a TV debate. This incident sparked protests among some Muslims, which turned violent in some areas. In response, several state governments, particularly in Uttar Pradesh, carried out demolitions of properties, claiming they were removing illegal structures.
But, the practice is not just limited to UP; it has since spread to other states:
1. In Madhya Pradesh, former Chief Minister Shivraj Singh Chouhan ordered the demolition of 16 houses and 29 shops in Khargone after communal clashes.
2. Delhi saw similar actions in April 2022 in Jahangirpuri, where bulldozers razed parts of several structures, including a mosque gate, following communal clashes.
3. Maharashtra authorities demolished 15 "illegal" properties in Mumbai's Mira Road suburb after communal clashes in January.
4. Haryana's government under Manohar Lal Khattar also demolished homes and structures following communal violence that resulted in six deaths.
What is the criticism?
Critics of "bulldozer justice" argue that it violates legal principles and human rights. Justice Madan B Lokur, a former Supreme Court judge, stated that "Bulldozer justice is contrary to all canons of law. A person's home cannot be demolished only because he has participated in communal violence or a riot or committed some illegal act".
The Supreme Court expressed concerns about the UP government's actions in 2023. Additionally, the Madhya Pradesh High Court criticized the Ujjain administration for demolishing property without adhering to principles of natural justice, stating, "It has become fashionable for the local administration to demolish any house by drawing up proceedings, without complying with the principle of natural justice, and publicise the demolition in the papers.”
Now that strict guidelines have to be followed, what do you think will change? Will the latest verdict influence the political arena?
Let us know your thoughts in the comments below!
Comments