BULLDOZER JUSTICE
News:
In a landmark judgment, the Supreme Court has issued strict guidelines to halt the unlawful demolition of homes belonging to accused individuals. The court emphasized that ‘bulldozer justice‘ violates fundamental rights and undermines the rule of law. The guidelines mandate due process, prohibit collective punishment, and ensure individual rights are protected during legal proceedings.
Arguments in Favor of Bulldozer Justice:
- Swift Action Against Illegal Encroachments:
Bulldozer Justice is seen as an immediate remedy to illegal constructions and land encroachments, often circumventing prolonged legal processes.
- Example: In Uttar Pradesh, during 2022, the Yogi Adityanath government carried out demolitions in areas like Prayagraj and Kanpur, targeting illegal properties linked to criminals, and sending a strong message against land violations.
- Restoring Public Order and Safety:
Illegal constructions, such as encroachments on public land, often disrupt city planning and create safety hazards. Bulldozing these structures helps reclaim public spaces.
- Example: In Delhi, under the 2022 anti-encroachment drive, thousands of illegal shops and structures on footpaths were demolished to improve public order and ensure pedestrians’ safety, as the city struggles with overpopulation and overcrowding.
- Curbing Illegal Political Influence and Corruption:
Bulldozer actions bypass slow-moving bureaucracy and corruption often found in urban development and land ownership disputes, ensuring quicker enforcement.
- Example: The 2022 demolition of properties allegedly owned by mafia dons in Uttar Pradesh was seen as a step to reduce the political and criminal nexus influencing illegal land grabs.
- Restoring Public Confidence in Governance:
Demonstrating decisive actions against illegal encroachment and crime builds public trust in government institutions.
- Example:Example: Following the demolitions in Prayagraj after the June 2022 riots, many local residents expressed support for the government’s action, citing the need to remove illegal structures tied to criminal elements.
Arguments Against Bulldozer Justice:
Violation of Due Process and Legal Rights:
Bulldozer Justice undermines the right to a fair trial and due process. Demolitions often happen without full judicial review or even notice, leading to potential violations of constitutional rights.- Example: In May 2022, the demolition of homes in the Jahangirpuri area of Delhi, which was linked to the Delhi riots, was criticized by human rights groups for bypassing due legal procedures and being punitive without proper investigation.
Impact on Vulnerable and Marginalized Communities:
Bulldozer Justice disproportionately affects poor and marginalized communities, who often reside in informal settlements or slums, leaving them without shelter or alternative housing.- Example: In 2021, demolitions in the slums of Delhi led to the displacement of hundreds of families, many of whom had no access to proper rehabilitation or compensation.
Potential for Political Targeting and Abuse: Critics argue that Bulldozer Justice can be politically motivated, with the risk of being used to target specific groups or opposition figures. This practice could escalate into a tool for selective punishment.
- Example: After the 2022 riots in Uttar Pradesh, the demolition of properties linked to individuals accused of involvement raised concerns about the potential for political or communal bias, with accusations of selective enforcement based on group affiliations.
Undermining the Rule of Law and Democracy:
Bulldozing structures without legal sanction can erode trust in the democratic and judicial systems. Such actions, often initiated by the executive without due judicial review, can lead to the erosion of civil liberties.- Example: In Assam, in 2021, the state government used bulldozers against alleged illegal constructions without waiting for court orders, which was seen as undermining the judicial process and creating a sense of lawlessness.
Conclusion:
While Bulldozer Justice can provide swift action against illegal construction and crime, it carries significant risks of abuse, undermining due process, and disproportionately affecting the poor. A more balanced approach is necessary, where swift actions are balanced with legal oversight and rehabilitation for those affected. Upholding democratic principles requires that every action, no matter how urgent, be conducted within the rule of law, ensuring fairness and justice for all citizens.
