Bulldozer (In)Justice

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India’s Supreme Court ruled this week that authorities cannot demolish the homes of individuals suspected of crimes and issued a series of strict guidelines aimed at tackling the so-called “bulldozer justice” by state governments, the Independent reported.

The ruling comes over petitions seeking action against state officials using demolition as a punitive measure against people accused or convicted of crimes.

On Wednesday, the top court criticized officials for bypassing due process, adding that their actions “reminds one of a lawless state of affairs, where ‘might was right.’”

It also outlined how authorities must provide a minimum notice period of 15 days before any demolition. The notice must mention the clear reasons behind the demolition and be delivered by registered post, as well as be visibly displayed on the building in question.

The entire demolition process should be videotaped, and any violations of these guidelines could result in contempt of court charges and possible salary deductions for officials involved in unauthorized demolitions, the court added.

The ruling comes amid rising criticism of the “bulldozer justice” in states governed by the ruling Bharatiya Janata Party (BJP), where demolitions are frequently conducted after incidents of communal violence or minor legal violations – often without adequate evidence or opportunity for appeal, the BBC noted.

A recent case in the central state of Madhya Pradesh involved demolishing the homes of 11 individuals after authorities allegedly found beef in their homes, reflecting the extent to which demolition has been used in a context of social and religious bias.

Many Hindus don’t eat beef because they worship the cow as a deity, and the slaughter of the animals is banned in that state.

Prime Minister Narendra Modi and his ruling BJP have denied allegations that the demolitions target minorities, including India’s Muslim community.

Meanwhile, Amnesty International welcomed the ruling as a significant win against “unlawful and punitive demolitions,” while Vivek Tankha, a lawyer and Congress Party member, described it as a “historic judgment” that restricts arbitrary actions by state governments.

BJP officials also expressed support for the decision, emphasizing the importance of following due process.

While the verdict sets a precedent for upholding the rule of law, observers told the BBC that the impact will hinge on its effective implementation and enforcement across states.