Leader of Opposition and Congress leader Rahul Gandhi has applauded the Supreme Court’s observations on what he described as the BJP’s unconstitutional ‘bulldozer policy’. In a statement, Gandhi said, “The anti-constitutional face of the BJP, which crushed humanity and justice under the bulldozer, has now been exposed before the country.”
The Supreme Court, on Monday, criticised the practice of “bulldozer justice,” asserting that homes and properties cannot be demolished simply because they belong to someone accused of a crime. The court emphasised that even if a person has been convicted, demolitions cannot take place without following proper legal procedures.
Gandhi welcomed the Supreme Court’s stance, stating that the bulldozer had become a symbol of “unbridled power” used to “arrogantly challenge the law by crushing civil rights,” often targeting the homes of the poor and marginalised under the guise of ‘instant justice’. He further called on the court to issue clear guidelines to protect citizens from what he termed as an anti-democratic campaign by BJP-led governments. “The country will be run by Baba Saheb’s Constitution and not by the whip of power,” Gandhi asserted.
The Supreme Court, while hearing multiple pleas challenging demolition actions, stressed that demolitions must not occur unless the structures are unauthorised. The bench, comprising Justices BR Gavai and KV Viswanathan, indicated its intention to establish national guidelines to ensure fairness in such cases. “There has to be some streamlining,” the court stated, adding that demolitions should be allowed only if there is a violation of municipal laws, and after giving the concerned party notice and the opportunity to seek legal remedies.
The case, involving instances of demolition in Delhi and Rajasthan, brought attention to the destruction of homes allegedly because of criminal activity by a tenant or family member. The court strongly questioned the justification for demolishing a home due to the actions of one individual, calling for a balanced approach that respects legal procedures.
As this issue garners nationwide attention, civil society and human rights groups, including Amnesty International, have raised concerns about the fairness of the practice. Amnesty has reported that in BJP-ruled states, demolitions have disproportionately affected Muslim communities, with 128 structures being torn down between April and June 2022. The group described these actions as deliberate and discriminatory, calling for an immediate end to what they termed “bulldozer justice.”
The Supreme Court is expected to provide further clarity on the matter in its next hearing on September 17.