Introduction and About "Bulldozer Justice"

- Bulldozer Justice refers to the practice of demolishing properties, often of individuals accused of crimes, without appropriate legal procedures.

- Recently, India's Supreme Court has issued extensive guidelines under Article 142 of the Constitution to assure due process between citizens and demolition of their properties. 

- The case was brought to attention following the extra-legal demolition instances in Uttar Pradesh, Madhya Pradesh, and Uttarakhand.

 

The Supreme Court Guidelines on Bulldozer Justice

- Providing Notice: A minimum of 15 days’ notice is compulsory before demolition; the notice should include structure details and the rationale for demolition.

- Fair Hearing: A schedule for a personal hearing should be provided, allowing concerned parties to contest the demolition.

- Transparency: Relevant authorities must notify local officials and provide an acknowledgment of notice to prevent forged claims.

- Issuance of Final Order: The final order should entail the arguments, the authority's justification for demolition, and the portion of the structure to be demolished.

- Post-Final Order Period: A 15-day grace period has been mandated following the issuance of a demolition order.

- Documentation of Demolition: Proper records consisting of video recording and preparation of an inspection report beforehand must be maintained.

- Test for Dual Violations: Provision for a separate test for scenarios where the property in question violates municipal laws in addition to housing an accused.

- Exception: The guidelines will not apply for unauthorised structures built in public places or in situations where a demolition order has been decreed by a legal court of law.

 

Applicability and Power of Article 142

- Article 142 of the Indian Constitution provides the Supreme Court with the authority to deliver decrees and orders for comprehensive justice in any case.

- This constitutional provision enables the Supreme Court to enforce effectual orders across India and to apply penalties for contempt of court.

 

Importance of Supreme Court Guidelines

- Upholding the Rule of Law: The judgement insists that only an authoritative judiciary can decide upon guilt or punishment, and no executive organ can supersede this power.

- Accountability of Officials: The mandate of public scrutiny and detailed records of every demolition ensures checks against the abuse of power.

- Right to Shelter and Property: The potential unconstitutional demolition infringing upon the fundamental right to shelter and property is safeguarded, following Article 21 and Article 300A of the Indian Constitution.

- Protection of Individual Rights: The insistence on maintaining a due process and separating powers protects citizens from arbitrary actions and ensures the upholding of rights.

- International Laws: Mandatory adherence to the Geneva Convention 1949 and Article 51 of the Indian Constitution ensures respect for international pacts and laws.

 

Reasons behind Concern of Bulldozer Justice

- Rising Punitive Demolitions: A significant rise in property demolitions, with numerous families displaced from both rural and urban areas, has been reported.

- International Covenant on Civil and Political Rights (ICCPR): Bulldozer justice contradicts ICCPR's Article 17 provision of right to property.

- Collective Punishment: Demolitions don't just target the accused, but also enforce collective punishment on their families by eliminating their abode.

- Instant Justice: The precedent for demolitions are often conceived as a form of “instant justice” against infringement or unauthorised construction.

 

Other Relevant Judicial Decisions Related to Property Demolitions

- Various precedents set by the Supreme Court affirm the necessity for just and fair legislation, right to livelihood and shelter, and the ethos of "due process of law". These cases have had a significant impact in shaping the new guidelines.