15-November-2024-Special-Article

SUPREME COURT GUIDELINES ON BULLDOZER JUSTICE

Recently, the Supreme Court of India established comprehensive guidelines under Article 142 of the Constitution to address concerns over the demolition of properties without due legal process.

The ruling emphasized the unconstitutionality of demolishing properties of accused individuals without following established legal protocols.

• Bulldozer Justice: Refers to demolishing the property of accused individuals, often without adhering to proper legal procedures. This practice has raised concerns about legality and fairness in handling allegations against individuals.

Supreme Court’s Guidelines on Demolitions

To ensure a lawful and transparent demolition process, the Supreme Court issued the following guidelines:

Providing Notice

• A minimum 15-day notice must be issued to the property owner or occupant before any demolition begins.
• This notice should clearly describe the structure and explain the reason for the proposed demolition.

Fair Hearing

• Affected individuals must be given a personal hearing, where they can challenge or clarify the demolition order.

Transparency and Accountability

• Authorities must notify the local Collector or District Magistrate by email when serving notice.
• To prevent backdating or tampering, the notice should receive an auto-acknowledgment.

Issuance of Final Order

• The final order should consider the property owner’s arguments, justify demolition as a necessary action, and specify whether the structure will be partially or fully demolished.

Post-Final Order Period

• A 15-day waiting period is required after the demolition order to allow the owner time to remove the structure or appeal the decision in court.

Documentation of Demolition

• Authorities must record the demolition on video and prepare an inspection report and a demolition report, listing involved personnel.

Test for Dual Violations

• If a demolished property is both an illegal structure and linked to a criminal accusation, the court stressed that selective demolitions may suggest a punitive motive.

Exceptions

• The guidelines exclude demolitions of unauthorized structures on public properties such as roads, streets, or areas near railway lines or rivers, as well as cases where a court has ordered demolition.

Constitutional Backing: Article 142

Purpose of Article 142: Empowers the Supreme Court to pass orders for “complete justice” in cases, filling legislative gaps.

• Article 142(1): Allows the Court to enforce orders across India, as defined by law or the President.
• Article 142(2): Gives the Court authority to ensure attendance, document discovery, and punish contempt, aiding its mission of delivering comprehensive justice.

Significance of the Supreme Court’s Guidelines

The guidelines emphasize the importance of separation of powers and the rule of law while reinforcing constitutional protections against arbitrary state actions.

Separation of Powers

• The judiciary has the authority to determine guilt, ensuring that executive actions do not overreach their mandate.

Rule of Law

• The guidelines prevent the executive from punishing through demolitions without a fair trial, upholding constitutional limits on state actions.
• Demolitions that appear discriminatory, such as targeting specific communities, may be challenged under Article 14 for equal treatment.

Accountability of Officials

• By mandating records such as video documentation, these guidelines deter abuse of power and encourage public scrutiny of officials’ actions.

Right to Shelter

• Demolitions impacting entire properties or affecting those unconnected to the accused infringe on the fundamental right to shelter under Article 21.

Protection of Individual Rights

• The guidelines aim to protect citizens from arbitrary demolitions and safeguard their rights against undue state actions.

International Obligations

• The guidelines align with international standards, such as the Geneva Convention’s prohibition against collective punishment, and respect Article 51 of the Indian Constitution, mandating adherence to international treaties.

Concerns over Bulldozer Justice

• Rising Instances of Punitive Demolitions: According to the Housing and Land Rights Network (HLRN), over 153,820 homes were demolished in 2022-2023, affecting more than 738,000 people across rural and urban areas.
• Violation of International Covenants: Article 17 of the International Covenant on Civil and Political Rights (ICCPR) states that no one should be deprived of their property arbitrarily, aligning with the Supreme Court’s stance.
• Collective Punishment: The Supreme Court recognized that demolitions often impact families of the accused, enforcing a form of “collective punishment.”
• Instant Justice: State-sanctioned demolitions have been criticized as a form of “instant justice,” bypassing due legal procedures and principles of justice.

Related Judicial Precedents on Demolitions

• Maneka Gandhi Case (1978): Established that legal procedures must be fair, just, and reasonable, introducing the principle of “due process of law.”
• Olga Tellis Case (1985): Recognized that the right to life under Article 21 includes the right to shelter, making demolitions without due process unconstitutional.
• KT Plantation Case (2011): Stated that any legislation for depriving property under Article 300-A must be fair and just, reinforcing property rights.

Challenges in Implementing the Guidelines

• Political Influence: Political pressures may persist to use demolitions as deterrents, particularly in charged environments.
• Culture of Impunity: Despite these guidelines, officials might evade accountability, as seen with previous attempts to curb hate speech and mob violence.
• Lack of Oversight: In regions with limited judicial oversight, local officials might still sidestep the rules.
• Long-Term Cultural Change: Transforming the entrenched practices of extrajudicial demolitions may require sustained efforts beyond the guidelines.

Way Forward

• Upholding the Rule of Law: Distinguishing criminal justice from collective punishment is essential to ensure justice and uphold the presumption of innocence.
• Enhanced Judicial Oversight: Specialized tribunals should handle property demolition cases to ensure adherence to these guidelines.
• Alternative Dispute Resolution: Mediation and arbitration should be encouraged to address property disputes effectively.
• Rehabilitation Measures: Rehabilitation plans for affected individuals, including housing, livelihood support, and mental health resources, are crucial for their well-being.Top of Form

Mains Question:

1. Discuss the significance of the Supreme Court’s guidelines on “Bulldozer Justice” in ensuring due process and safeguarding constitutional rights against arbitrary state actions. (150 WORDS)Bottom of Form