Supreme Court Condemns ‘Bulldozer Justice’: A New Era of Legal Guidelines

In a landmark development, the Supreme Court of India has strongly criticized the practice of bulldozer justice, where the homes of accused individuals are demolished as a form of punishment. The apex court, while hearing petitions against the illegal demolition of properties using bulldozers, asserted that even the house of a convicted person cannot be demolished without following the due process of law. This stance marks a significant turning point in addressing the growing trend of punitive demolitions across the country, which have disproportionately affected marginalized communities.

Supreme Court’s Stand: “Even a Convict’s House Cannot Be Demolished”

On Monday, a bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan questioned the legality of demolishing the properties of accused individuals, a practice that has been widely condemned as an extra-legal form of punishment. The court emphasized that demolitions must adhere strictly to the law and municipal regulations and warned against demolishing homes merely because someone is accused or even convicted of a crime.

The bench assured that it would frame comprehensive guidelines applicable across the country, to ensure that the rights of individuals are protected and that no property can be bulldozed unlawfully. The court has asked the involved parties to present their suggestions for these guidelines, with a final hearing scheduled for September 17.

Rising Numbers of Demolitions: A Disturbing Trend

The Supreme Court’s intervention comes amid a disturbing increase in demolitions across India. According to data from the Housing and Land Rights Network (HLRN), over 1,53,820 homes were demolished from 2022 to 2023, displacing more than 7,38,438 people. These demolitions have often been carried out under the pretext of encroachment removal, urban redevelopment, or city beautification, with little regard for the legal rights of the residents.

The residents of Lucknow’s Akbarnagar experienced this firsthand when their homes were demolished to make way for the Kukrail Riverfront project. Around 1,800 structures, including 1,169 homes, were destroyed in a single day, displacing thousands. Vishnu Kashyap, a local resident, questioned the government’s priorities, asking, “What is more important, a poor person’s house or a riverfront?”

Targeting of Marginalized Communities

The data highlights a disturbing pattern: 44% of those displaced in recent demolitions are Muslims, often targeted in specific neighborhoods under various pretexts. For instance, in Delhi’s Jahangirpuri, a demolition drive in 2022 razed homes and shops in a predominantly Muslim area following communal clashes, while Hindu-owned properties nearby were left standing.

This selective enforcement has led to accusations that demolitions are not just about clearing encroachments but are being used as a punitive measure against minorities and marginalized communities. Human rights organizations have criticized this trend, describing it as an “extra-legal punishment” that bypasses judicial due process.

A Call for Accountability and Legal Adherence

Appearing for the Central government, Solicitor General Tushar Mehta supported the court’s stance, stating that property demolitions must only be carried out under municipal laws and cannot be used as a tool of retribution against accused individuals. The Supreme Court reiterated that while illegal structures obstructing public roads would not be protected, demolitions should follow the law.

The court’s decision has been welcomed by legal experts and human rights activists, who argue that bulldozer justice has set a dangerous precedent. Housing rights activist Aakanksha Badkur noted that “The increasing culture of illegal demolitions is victimizing minorities and marginalized sections of society, making it a norm rather than an exception.” The petitions further sought strict action against officials who participate in these illegal demolitions without due process.

The Human Cost: Lives Uprooted

Beyond the legal and social implications, the human cost of these demolitions is enormous. The recent demolition drives have not only destroyed homes but also displaced thousands of families, stripping them of their livelihoods and stability. In many cases, authorities have acted with little warning, leaving residents scrambling to save their belongings before their homes are reduced to rubble.

Residents like Manoj, who has faced multiple evictions in Delhi’s Shahdara, have been living in fear. He shared, “When they first demolished our settlement in September 2022, we had nowhere else to go. This place has always been our home.” For these communities, demolitions are not just about losing a structure—they signify the loss of security, belonging, and dignity.

The Supreme Court’s commitment to framing guidelines could mark the beginning of the end for bulldozer justice. The court’s intervention underscores the urgent need for accountability and adherence to legal norms in state actions. As India continues to grapple with issues of urban development, it is crucial that growth does not come at the expense of justice and human rights.

The guidelines expected to be framed by the court will likely have far-reaching implications, ensuring that demolitions are conducted lawfully, with due process, and with the rights of all citizens—regardless of their social or economic status—protected.

As the country awaits these guidelines, it is a reminder that the rule of law must prevail over arbitrary actions and that true justice cannot be delivered by the blunt force of a bulldozer.