The Supreme Court on Monday made critical observations about the “bulldozer justice”, stating that homes and properties cannot be demolished merely because they belong to someone accused of a crime. The court noted that demolition can’t be allowed even if the person has been convicted.

The court was heating a series of pleas challenging the bulldozer or demolition actions often carried out by authorities against the homes of individuals accused of crimes.

However, the Supreme Court clarified that it will not protect any illegal structures.

The court questioned how a person’s house could be demolished simply because they are an accused. It expressed its intention to establish guidelines on this issue.

“Even if he is a convict, still it can’t be done without following the procedure as prescribed by law,” a bench of Justices BR Gavai and KV Viswanathan said regarding the demolition actions.

“If construction is unauthorised, fine. There has to be some streamlining. We will lay down a procedure. You are saying demolition only if violation of municipal laws. There is a need for guidelines; it needs to be documented,” the bench added.

“We propose to lay down certain guidelines on a pan-India basis so that the concerns about the issues raised are taken care of,” the bench said.

When Solicitor General Tushar Mehta, appearing for the Centre, argued that the houses are demolished only when there is a violation of the law. “We act only if there are municipal law violations,” he said.

In response, Justice Gavai noted, “But looking at the complaints, we feel there is a breach.”

Senior Advocates Dushyant Dave and CU Singh, representing the petitioners, told the court about the demolition activities in Delhi’s Jahangirpuri in 2022. They reported cases where properties rented out were also demolished. “They demolished 50-60 year old homes because the son or tenant of the owner is involved,” Singh noted. Another issue discussed was the demolition of a house in Udaipur, Rajasthan, following a student’s stabbing of his classmate.

“If a man’s son is a nuisance, demolishing his home is not the right way,” Justice Viswanathan remarked. He added that a “father may have a recalcitrant son, but if the house is demolished on this ground… this is not the way to go about it”.

The court said that such demolitions can only occur if the structure is illegal.

Justice Viswanathan also questioned why directions cannot be issued to prevent such cases. “First notice, time to answer, time to seek legal remedies, and then demolition,” he suggested.

In recent years, several state governments have demolished houses and properties belonging to individuals involved in serious crimes.

The matter is scheduled for hearing on September 17.

“Bulldozer justice”

“Bulldozer justice” has become increasingly common in various parts of the country, where homes of accused individuals are demolished. The fairness of such actions has been questioned before allegations against a person are proven, and whether it is justifiable to punish an entire family for one person’s alleged crime. While those bulldozing claim it is only done to remove illegal encroachments, civil society members and opposition politicians view these demolitions as deliberate acts of violence against minority communities.

According to human rights organisation Amnesty International’s reports, between April and June 2022, authorities in four BJP-ruled states and one Aam Aadmi Party-governed state demolished 128 structures, mostly belonging to Muslims.

Besides being rendered homeless, several Muslims were also assaulted by the police for questioning the demolitions, Amnesty said. Authorities have denied that the Muslim community was being targeted.

The reports revealed Madhya Pradesh as having the highest number of demolitions at 56, followed by Gujarat with 36, and Delhi with 25. Assam and Uttar Pradesh reported eight and three demolitions, respectively.

Amnesty International found these demolitions to be targeted and forced evictions aimed at punishing Muslims who spoke out against injustices and discrimination they faced. Such actions violate international human rights laws and the International Covenant on Economic, Social and Cultural Rights, to which India is a signatory.

“The unlawful demolition of Muslim properties by the Indian authorities, peddled as ‘bulldozer justice’ by political leaders and media, is cruel and appalling,” said Agnès Callamard, Amnesty International’s Secretary General. “Such displacement and dispossession is deeply unjust, unlawful and discriminatory. They are destroying families and must stop immediately.”