Bulldozer justice? How government officials simply seek to please their political patrons

By Vikas Meshram*

The Supreme Court has not only raised objections but also expressed concern over the practice of demolishing the homes of criminal suspects, accused, or convicts using bulldozers. It has indicated that necessary guidelines will be issued to all states in this regard. In such circumstances, the court's intervention is indeed welcome. A bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan made these remarks while hearing petitions seeking a ban on the bulldozer actions being carried out by administrations in several states. The bench clarified that they would not offer protection to unauthorized constructions or encroachments, including religious structures built on roads. It also emphasized the need to ensure that no individual or officer takes undue advantage of any legal loophole.

In recent years, several states, including Uttar Pradesh, Madhya Pradesh, Rajasthan, and Maharashtra, have taken punitive actions by demolishing the homes of accused individuals in criminal cases using bulldozers. This practice has been viewed as a violation of citizens' rights and the judicial process. The widespread use of bulldozers has been seen as a new affliction on the justice system, leading to growing opposition.

During the hearing, Justice B.R. Gavai questioned how a house could be demolished just because the owner was an accused. Even if a person is found guilty, such actions cannot be taken without following due legal process. Justice K.V. Viswanathan added a thoughtful remark, asking why a father should be punished for the rebellious actions of his son. This statement carries significant meaning.

On the other hand, the Uttar Pradesh administration argued in court that all demolished properties were illegal, and proper legal procedures had been followed. However, in many such cases, the reasons for the demolitions caused additional complications. Before taking such drastic measures, the authorities must clearly demonstrate how the property in question is illegal and explain how legal procedures were followed. This would help avoid potential disputes.

Instead of adopting quick-fix solutions like demolitions, decisions on criminal punishment should be left to the courts. It is essential to think from a humane perspective, as even if a person is involved in a serious crime, actions like demolishing their home cannot be taken without completing the legal process. The court rightly emphasized this point. At the same time, it made clear that this does not imply offering protection to illegal constructions.

In reality, the government and administration have argued that the demolitions targeted properties involved in illegal activities. However, without ensuring that the necessary procedures are followed, such arguments do not hold weight. In recent times, it has become common to see homes of notorious criminals, murderers, and rapists being bulldozed.

Even if a person is involved in a serious crime, actions like demolishing their home cannot be taken without completing the legal process

The ostensible reason is to instill fear in such offenders. But, viewed broadly, such actions do not stand up to legal scrutiny or humane principles. That is why political parties and social organizations have raised concerns from time to time, and such questions are natural in any civilized society.

The Supreme Court's reasoning, which states that such actions are illegal after charges have been filed, is something we can agree with. However, such actions should not be taken even after guilt is proven. Undoubtedly, a home represents the identity of a family. It takes a lifetime to build, and it belongs to all family members, not just the accused or guilty person. Punishing innocent family members by making them homeless is not only illegal but also an inhumane step. Punishing those who have no involvement in the crime is unjust. Moreover, if the house is demolished based on allegations and the accused is later found innocent, who will be responsible for rebuilding it?

Government officials should act wisely and prudently rather than simply pleasing their political patrons. Undoubtedly, the issue of encroachments is widespread across the country and should be addressed from a legal standpoint, without considering religion or caste. Unfortunately, politicians play a significant role in encouraging such encroachments. They often attempt to legalize illegal constructions over time to build vote banks.

There is a need for nationwide guidelines on removing encroachments and using bulldozers so that political parties cannot misuse such actions for their benefit. The process for demolishing illegal structures should be uniform and apply to everyone equally. The process of removing illegal constructions should be ongoing throughout the year, and selecting specific cases or timings for such actions is inappropriate. That is why the Supreme Court has sought suggestions from all stakeholders on this issue, so that logical and uniform guidelines can be provided to state governments across the country regarding the use of bulldozers, while ensuring that the concept of justice remains intact.

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