SC stops illegal ‘bulldozer justice’ actions

By invoking its special powers under Article 142 of the Constitution, the Supreme Court froze illegal bulldozer demolitions across the country until October 1, highlighting reports of “glorification, grandstanding, and even justifications” of the destruction of private homes and properties belonging to undertrials and their families. 

What is Bulldozer Justice?

• "Bulldozer Justice" refers to the practice where government authorities demolish the properties of individuals accused of crimes, such as rioters or protestors, often without a legal trial.
• This involves using heavy machinery like bulldozers to tear down homes or businesses, as a way to punish these individuals swiftly.
• Why it is supported? Supporters of "Bulldozer Justice" see it as a deterrent to discourage unlawful activities. They believe it provides instant justice, in contrast to the lengthy judicial process.

Criticism of Bulldozer Justice

• Bulldozer justice is a practice that is "inconceivable" in a nation governed by the rule of law.
• Bulldozing alleged illegal properties of crime accused without serving notice is a violation of the rule of law.
• Any state action, including demolitions, must be in accordance with the law and not used arbitrarily.
• The guilt of the accused must be proved before a court of law and the punishment should be given by the judiciary and not by executive action.
• It is a gross violation of law, human rights and the principles of natural justice.
• The demolitions often occur without proper legal procedures, violating the fundamental principle of due process.

Impact on Society

• Public Perception: The societal acceptance of "instant justice" reflects a troubling shift in attitudes towards legal processes. The glorification of demolitions as a deterrent undermines the foundational principles of justice and equality before the law.
• Homelessness and Violation of Rights: The destruction results in severe human rights violations, rendering families homeless and destabilizing communities.
• Judicial Responsibility: The reliance on the judiciary to curb executive overreach is a concerning trend in Indian democracy. It raises critical questions about the effectiveness of existing laws and the accountability of government officials.

Recommendations for Future Action

• Implementation of Guidelines: There is an urgent need for the Supreme Court's proposed guidelines to be effectively implemented, ensuring that all demolitions are conducted legally and with due process.
• Accountability Mechanisms: Establishing mechanisms to hold government officials accountable for unlawful demolitions can deter misuse of power and restore faith in governance.
• Public Awareness: Increasing public awareness about legal rights and the importance of due process can help foster a more informed citizenry that challenges unlawful state actions.