Razing impunity: on bulldozer demolitions and the Supreme Court

Demolition of property as a punitive measure against alleged offenders amounts to wilful subversion of the rule of law. The bulldozer has emerged as a symbol of the state’s eagerness to inflict collective punishment in recent times. Many such demolitions, cheered on one side by Hindutva proponents and passed off as removal of encroachments on the other by the government machinery, demonstrated a pattern in which a spell of communal tension was followed by the deployment of bulldozers and excavators. The Supreme Court of India has now ventured to put an end to this culture of impunity by laying down enforceable guidelines and directions to prevent demolition of homes and buildings without following due process. The verdict addresses issues that arose from the spurt in demolitions, beginning with Khargone in Madhya Pradesh and Jahangirpuri in Delhi in 2022, and several other places over the last two years. The Bench has recognised the obvious link between the fact that these homes and buildings belonged to those accused of offences that took place immediately before the demolition drive. It has ruled that this has a bearing on the rule of law and on the principle of separation of powers, as any such punitive use of the law against those accused or guilty of a crime amounts to executive authorities taking over a penal function. It also underpinned its order on the right to shelter, which stands breached, as the practice often unfairly targets family members of those allegedly involved.

The process laid down by the Bench of Justices B.R. Gavai and K.V. Viswanathan rightly seeks to ensure public accessibility of details regarding such demolitions and aims to prevent unscrupulous officials from backdating notices to create the impression that they were merely following up on previous eviction notices. The order calls for 15 days’ notice, served on the owner by registered post, containing details of the violations as well as the grounds for the action to be taken. A personal hearing, a reasoned order and an inspection report signed by witnesses have also been made mandatory. The authorities should designate a digital portal within three months, where these notices, replies and orders will be uploaded. What is additionally significant is that the Court has decided to make officials accountable for any violations, effectively preventing attempts to backdate notices. The order exempts necessary demolition of encroachments such as those on waterbodies, railway lines and public spaces from this process. It is now up to the local body authorities to both adhere to the guidelines and ensure compliance, leaving little scope for politically motivated and communally targeted demolitions.