Editorial: End bulldozer justice
Illegal structures must be razed but in a time-bound and legal manner, without any religious bias
Bulldozer justice has become a buzzword, particularly in the BJP-ruled Uttar Pradesh and Maharashtra, with the authorities carrying out demolitions of properties, citing the alleged criminal cases or encroachments as the reasons, without following the due process of law. Such capricious actions are not only legally untenable but also morally disturbing. The Supreme Court recently pulled up the UP government for its ‘unconstitutional and inhuman’ action of demolishing properties in Prayagraj town without following the procedures. The petitioners argued that the Prayagraj Development Authority wrongly interpreted that the land belonged to gangster-politician Atiq Ahmed, who was killed in a police encounter in 2023. They also alleged that the demolitions were carried out within 24 hours of serving notices, leaving residents no time to appeal. This prompted the apex court to comment that the government’s action ‘shocked our conscience’. The so-called bulldozer justice trend started with the Yogi Adityanath government in UP where the bulldozer became a symbol of a ruthless administration and has spread to other States. In the Prayagraj case, the SC ordered a compensation of Rs 10 lakh each to those who lost their homes. It must be pointed out that the right to shelter is also an integral part of Article 21 of the Constitution. Bulldozer demolitions amount to undermining the rule of law. What is surprising is that the latest spree of demolitions happened despite the Supreme Court’s clear guidelines. In November last year, the top court issued pan-India guidelines for using the demolition machine.
The SC directions make it mandatory for the authorities to give a 15-day notice to an occupant before the alleged illegal property is demolished. The notice should explain the reasons for demolition. If the accused does not respond, the authorities can proceed with the action but they would be required to film the process. The top court also warned that violating these guidelines would amount to contempt of court. While the court’s guidelines are seen as a positive step towards preventing unlawful demolitions from becoming the norm, the effective implementation of the order holds the key to putting an end to this practice. The court’s guidelines are expected to ensure action against overzealous officials but the real challenge is whether the executive follows the guidelines in letter and spirit. Past judgements and guidelines in the matters of hate speech and cow vigilantism have not been implemented by governments and law enforcement agencies. In recent years, demolition drives have been conducted in the wake of communal violence in States such as Uttar Pradesh, Haryana and Delhi. This has left no room for doubt that the authorities roused themselves from slumber just to teach a lesson to persons suspected of involvement in disturbances. The key is to raze illegal structures in a time-bound and legal manner, without any religious bias.
