Supreme Court Ruling Targets “Bulldozer Justice” with Strict Guidelines for Demolitions
This decision marks a significant stance by the Supreme Court to uphold the rule of law and protect citizens’ rights against unlawful actions by state officials.
New Delhi: In a major ruling against what has been termed “Bulldozer Justice,” the Supreme Court of India on Wednesday issued nationwide guidelines stipulating that any official who demolishes the property of an accused or convicted individual without due legal process will face punitive action. A bench comprising Justices B.R. Gavai and K.V. Viswanathan emphasized that the right to shelter is a fundamental right under Article 21 of the Indian Constitution, underscoring that the demolition of residential or commercial properties of an accused person cannot proceed without proper legal procedure.
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Key Highlights of the Supreme Court Ruling
| Issue | Details |
|---|---|
| Right to Shelter | Considered a fundamental right under Article 21, protected under the right to life and liberty. |
| Illegal Demolitions | Demolishing the properties of accused individuals without following due legal process is prohibited. |
| Separation of Powers | “Bulldozer actions” by officials contradict the principle of separation of powers, as judicial approval is required for such actions. |
| Protection for Vulnerable | The court noted that arbitrary demolition affects women, children, and the elderly the most, often leaving them homeless and vulnerable. |
| Presumption of Innocence | They reinforced the principle that an accused person is considered innocent until proven guilty and should be safeguarded under the law. |
| Government’s Responsibility | The state must maintain law and order and protect citizens’ lives, liberty, and property. |
Importance of Legal Procedure and Accountability
The bench criticized arbitrary and oppressive actions by state officials, highlighting that such actions breach the constitutional principle of separation of powers, which delegates the judiciary with authority over legal matters. The court’s guidelines stipulate that demolition orders must be subjected to thorough legal scrutiny to ensure accountability among state officials.
Protection of Citizens’ Rights
The ruling reinforced the citizens’ rights to life, liberty, and property, emphasizing that arbitrary seizures cannot be justified. The court stated that every individual, even if accused of a crime, is protected by the presumption of innocence until proven guilty.
Emphasis on Social Impact
The bench expressed concern over the social impact of bulldozer actions, highlighting that such measures disproportionately affect vulnerable populations, particularly women, children, and the elderly. The justices stressed the inhumanity of forcing people, including entire families, into homelessness without legal backing.
This decision marks a significant stance by the Supreme Court to uphold the rule of law and protect citizens’ rights against unlawful actions by state officials.
