The Supreme Court of India has expressed concerns about the legality of demolishing houses belonging to alleged offenders, specifically questioning the use of bulldozers as a form of retribution.
The Court noted that bulldozers have become a symbol of collective punishment, particularly targeting Muslim homes in BJP-ruled States, and this practice raises valid and widespread concerns.
Justice B.R. Gavai, along with Justice K.V. Viswanathan, emphasized that the law does not allow anyone’s home to be demolished merely because they are accused in a case.
This prohibition applies even to convicts.
The judiciary cannot ignore the political symbolism of using bulldozers as an instrument of punishment against those labeled as rioters by authorities.
There have been cases where the houses of named suspects were demolished without considering that the rest of the family might have no involvement in the alleged offense.
While local laws do permit the removal of encroachments and unauthorized constructions, the Court has expressed the need to establish uniform guidelines across India to regulate such actions.
Need for Uniform Guidelines:
The Supreme Court intends to create uniform guidelines to streamline procedures for dealing with unauthorized structures.
This includes how these structures are identified, how notices are issued, and ensuring a fair hearing before any demolition.
Guidelines may cover identification processes, notice issuance, and providing fair hearings to affected parties before any action is taken.
Caution in Implementing Guidelines:
The Court needs to ensure that the guidelines do not obscure the clear connection between incidents of communal violence and the subsequent demolitions.
Guidelines should not be used as a tool to justify politically or communally motivated actions.
There is a risk that backdated eviction notices could be used to justify demolitions, masking the true motives behind these actions.
The idea of digitalizing eviction notices may help address the issue of backdated documents.
However, it may not be feasible to implement this across all parts of the country immediately.
Rule of Law and Due Process: The Supreme Court should focus on whether the claim that only encroachments are being demolished is sufficient to justify the apparent violations of the rule of law and due process observed in recent cases in Uttar Pradesh, Madhya Pradesh, Haryana, and Delhi.
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