The use of bulldozers for demolitions, primarily against Muslims, has been a subject of grave concern. These days it is done aggressively, keeping on the backburner the due process of law, fairness and constitutional rights. There are numbers of Supreme Court judgments on Housing as a Fundamental Right but unfortunately all in vain.
Very recently, SC said it would frame guidelines against bulldozer action,reminding the nation that India is a secular country, ‘our directions on bulldozer action will be irrespective of any religion.’ But the big question is: Will SC guidelines be implemented or go down the hate speech way because hatemongers are brazenly making mockery of SC guidelines on hate speech? SC, in its earlier order, said government authorities’ indulging in ‘bulldozer justice’ amounts to “running a bulldozer over the laws of the land and such actions are against the law,” and said involvement in crime is no ground for demolition of a property.
The implementation of Supreme Court orders regarding demolitions usually involves municipal authorities who must carry out demolitions within legal frameworks. They are required to provide documentation and justification for such actions in court if challenged. Any violations or disregard for the Supreme Court’s orders can lead to contempt proceedings against the officials involved.
The Supreme Court has often reiterated that any demolition must follow the due process of law. This means serving proper notices, giving sufficient time for individuals or businesses to respond, and ensuring that legal remedies (appeals, stays) are respected.
Bulldozer demolitions without notice have been criticized by the court, which has emphasized the importance of adhering to municipal laws and urban planning regulations.
It is said that political factors affect the implementation of laws on demolitions, leading to accusations of bias or selective targeting. One of the challenges highlighted by courts is the lack of transparency in the process of eviction and demolition. Judicial interventions aim to address these concerns by enforcing strict adherence to procedure.
The Supreme Court’s involvement has led to the formulation of clear guidelines regarding the use of bulldozers in demolitions, emphasizing the importance of fairness, legal procedures, and respect for constitutional rights. The actual implementation, however, depends on local authorities and the political environment, with courts stepping in when violations occur.
Protection of Rights
The Court has emphasized that demolitions must not violate fundamental rights, such as the right to life (Article 21) or the right to equality (Article 14). Arbitrary or discriminatory actions, particularly against marginalized communities, have been subject to legal challenge. In certain cases, where demolitions are seen as targeted based on religion, caste, or political motivations, the Court has stayed such actions and ordered inquiries.
Such orders are often issued when ongoing legal proceedings challenge the legitimacy of the demolition. Judicial review has played a crucial role in ensuring that authorities do not misuse their power in executing demolitions.
Compensation and Rehabilitation
In many cases, the Supreme Court has ruled that authorities must provide compensation or rehabilitation to those affected by demolitions. This particularly applies to slum dwellers or marginalized communities who may not have formal titles but have been living in certain areas for a long period. The right to rehabilitation is especially important for urban poor, who, under various welfare schemes, have rights to alternative housing if their dwellings are demolished.
According to MR Shamshad, senior lawyer of the Supreme Court, “To ensure fairness in the system, once it is noticed by the administration that violation of building norms has taken place, the State mechanism must follow the due process with utmost fairness and at the same time fix the accountability of public officials whose non-action due to which such encroachment or violations have taken place.”
On the implementation or violation of SC guidelines, Advocate Shamshad, said, “In most of the building regulations, there is provision of effective notice and time to file appeal if the order of state authorities goes against the Citizens. However, there is rampant violation and abuse of the said provisions. If the Supreme Court frames some guidelines, it shall be important to see as to how its violations by authorities are dealt with.”
On the SC guidelines and its implementation, Human Rights Defender and senior SC lawyer Colin Gonsalves said, “The order is welcome because the judges did something which should have been done many years ago. I am saying it because there are 10 judgments on housing rights are fundamental rights. But these fundamentals rights have remained on paper and that paper has become very old and nobody reads that paper. Although it is welcome but it will not be implemented. I say so because in the judiciary, in every High Court and in the Supreme Court there is no care for the human rights of people and there is zero interest for that except for this bench that will come out with guidelines.”