India’s Supreme Court has said that authorities cannot demolish homes merely because a person has been accused of a crime and has laid down strict guidelines for any such action.
The ruling comes in response to a number of petitions seeking action against authorities using demolition as a punitive measure against those accused or convicted of crimes.
“The executive [the government] cannot become a judge and demolish properties. The chilling sight of a bulldozer demolishing a building reminds one of lawlessness where might was right,” the Supreme Court said on Wednesday.
It also directed authorities to give sufficient time to the affected person to challenge the order or vacate the property.
The ruling comes against a backdrop of a spate of instances, where authorities in states, particularly governed by the Bharatiya Janata Party (BJP), have used demolition as a tool to punish people accused of crimes.
The reason cited is illegal construction but experts have questioned the logic and say there is no legal justification for doing this.
While victims include Hindu families, such demolitions have mostly targeted Muslims, especially after religious violence or protests, opposition leaders and activists say.
The BJP denies the allegation and state chief ministers have linked demolitions with their tough stance on crime.
During the hearing on Wednesday, the Supreme Court used strong words to criticise the practice.
“Such highhanded and arbitrary actions have no place in a constitutional democracy,” it said, adding that officials “who took the law in their hands” should be held accountable.
The court then issued guidelines, which make it mandatory for authorities to give a 15-day notice to an occupant before the alleged illegal property is demolished.
The notice should explain the reasons for demolition. If the accused does not respond to the notice within 15 days, authorities can proceed with the action but they would be required to film the process, the court said.
It also warned that violating these guidelines would amount to contempt of court.
The court has strongly criticised extrajudicial demolitions throughout the hearing.
Earlier this month, it observed that demolishing properties merely because a person was accused of a crime was “simply unacceptable under rule of law”.
It also observed that citizens’ voices could not be silenced by the threat of demolition.
While the Supreme Court’s guidelines can be seen as a positive step towards preventing such demolitions from becoming the norm, observers point out that implementing the order will be key in ensuring the practice stops.
Human rights group Amnesty International praised the ruling, saying that though it has come late, it is a welcome move in upholding the rights of the people.
“This is a big win in ending the deeply unjust, widespread, unlawful and punitive demolitions, mostly targeting the minority Muslim community, by the Indian authorities which have often been peddled as ‘bulldozer justice’ by ruling party political leaders and media,” the organisation said in a statement.
