Supreme Court Questions ‘Bulldozer Justice’ in Recent Demolitions

The Supreme Court of India is set to hear two urgent applications challenging the recent demolition of homes belonging to individuals accused of crimes, a practice that has been described as ‘bulldozer justice’. This term refers to the state-sanctioned demolitions that target marginalized communities, often without due process.

On September 2, 2024, the court questioned the legality of demolishing the homes of accused individuals or even their families. Justice B.R. Gavai emphasized that the law does not permit the destruction of family shelters, regardless of whether a person is an accused or a convict. This statement highlights the concerns surrounding retributive actions taken by authorities.

Senior Advocate Dushyant Dave, representing the petitioners, urged the Supreme Court to clearly state that such punitive demolitions should not occur anywhere in the country. Solicitor General Tushar Mehta countered, asserting that municipal laws allow for the demolition of illegal structures, but he stated that the government does not support retributive demolitions.

Two specific cases are at the forefront of this legal debate. Rashid Khan, an auto-rickshaw driver from Udaipur, and Mohammad Hussain from Madhya Pradesh have both filed pleas after their homes were demolished following allegations against family members involved in criminal activities. These situations have raised alarms about the misuse of demolition powers by state authorities.

Justice Gavai acknowledged the existence of laws addressing unauthorized constructions, but noted that these laws seem to be implemented in a biased manner. The court intends to establish uniform guidelines for the demolition process to ensure that due process is followed and individuals are not unjustly punished.