Editorial 2 : Stop the Bulldozer
Context: Supreme Court’s call on bulldozer justice
Key Issues with Bulldozer Demolitions
- Violation of Justice Principles
- Presumption of Innocence: Demolitions target individuals accused (but not proven guilty) of crimes, violating the principle of - innocent until proven guilty.
- Collective Punishment: Homes of family members are demolished, implying guilt by association.
- Constitutional Disregard
- Fundamental Rights: Actions contravene constitutional guarantees (e.g. Article 21: Right to Life and Personal Liberty).
- State Arbitrariness: Demolitions bypass due process, reflecting unchecked executive power.
- Targeting Vulnerable Communities
- Disproportionate impact on marginalized groups.
- Instant Justice Narrative: Demolitions are framed as swift action but criticized as state-sanctioned vigilantism.
Supreme Court’s Intervention
- Key Rulings
- Prayagraj Development Authority (PDA) Case (2021)
- The court ordered ₹10 lakh compensation per affected household.
- The court criticized high-handed demolitions and lack of sensitivity by authorities.
- November 2022 Observations: SC described bulldozer demolitions as chilling and reminiscent of a lawless state.
- Judicial Rebuke
- Rejection of Government Claims: Court dismissed UP government’s argument about timely notices.
- Deterrent Intent: Compensation aims to ensure authorities remember to follow due process.
Legal and Constitutional Concerns
- Due Process Violations
- Demolitions conducted without adherence to legal procedures (e.g., proper notice, hearings).
- Contradicts Supreme Court’s 2022 guidelines on property demolitions.
- Erosion of Rule of Law
- Bulldozer actions normalize extrajudicial measures.
- Risks institutionalizing state violence against citizens.
Judicial Accountability and Future Directions
- Role of the Judiciary
- Supreme Court reaffirmed as the final port of call for citizens against state excesses.
- There is a need for continued vigilance to check executive overreach.
- Call for Executive Responsibility
- Political Accountability: Executive and political parties must prioritize constitutional morality over populism.
- Public Awareness: Judicial rulings should be highlighted to counter normalization of bulldozer justice.
Way Forward: Recommendations
- Strict Enforcement of Guidelines: Mandate pre-demolition hearings and transparency in notices.
- Compensation Mechanisms: Expand SC’s compensation model to deter arbitrary actions.
- Political Accountability: There must be electoral consequences for parties endorsing extrajudicial measures.
- Public Advocacy: Civil society and media must amplify judicial safeguards against state arbitrariness.