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Razing impunity: On bulldozer demolitions and the Supreme Court
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Context
The Supreme Court of India has issued guidelines to regulate the practice of demolishing properties as a punitive measure against alleged offenders, aiming to prevent such demolitions without following due process. This development follows a spate of demolitions in communal tensions, particularly in Madhya Pradesh and Delhi, where properties of those accused of crimes were demolished. The Court’s intervention seeks to ensure that the rule of law is upheld and the constitutional right to shelter is protected.
Supreme Court Guidelines to Prevent Arbitrary Demolitions
- Rule of Law & Separation of Powers: The Supreme Court highlighted that demolishing properties as a punitive measure violates the rule of law and undermines the separation of powers by allowing the executive to exercise a penal function.
- Due Process for Demolition: The Court mandated a 15-day notice period, to be served by registered post, specifying the alleged violations, with a personal hearing and a reasoned order, making demolitions legally transparent.
- Accountability & Transparency: The Court ordered that details of notices, replies, and orders be uploaded on a digital portal within three months. It also made officials accountable for backdating notices to ensure transparency and prevent misuse of power.
Exceptions and Implementation of the Guidelines
- Exemptions from Process: The guidelines exempt demolitions related to encroachments on water bodies, railways, and public spaces, recognizing the need for such actions for public welfare.
- Role of Local Authorities: Local authorities have been tasked with ensuring compliance with the guidelines, leaving minimal room for politically motivated or communally biased demolitions.
- Ensuring Fairness and Justice: The Court's verdict ensures that demolitions are not used as tools for collective punishment, protecting the constitutional right to shelter, particularly for families of accused persons.
Practice Question
Q. Critically examine the recent Supreme Court ruling on demolitions of properties as a punitive measure. How does it safeguard the principles of the rule of law and the right to shelter?
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