Mentor’s Comment: Presently, in India the issue of punitive demolitions raises significant concerns regarding due process, human rights violations, and the arbitrary exercise of state power, as these actions often target vulnerable communities without legal justification or adherence to established judicial guidelines. In today’s  editorial we will observe why the Supreme Court is considering to formulate pan-India guidelines aims to address these systemic issues by ensuring that demolitions occur only in exceptional circumstances, with proper legal procedures and protections for affected individuals.

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Let’s learn!

Why in the News?

SC has called for suggestions to establish pan-India guidelines addressing extra-legal demolitions, due to the concerns over the arbitrary demolition of properties. It undermines the ‘right to housing’ of an individual and violates the Constitutional principles.

What are the arguments against the use of punitive demolitions?

• Violation of Due Process: Demolitions are often carried out without following proper legal procedures and justification, undermining the rule of law. For example, Delhi’s Jahangirpuri case, incidents in Nuh (Haryana), and Khargone (Madhya Pradesh).
  • A person’s home cannot be demolished solely based on accusations against them or their family members, as this violates Fundamental Rights and due process.
• Collective Punishment: Punitive demolitions often affect the individuals for actions they did not commit which is illegal under both national and international law.
  • This exacerbates social inequalities, leading to further marginalization of already vulnerable populations.
• Human Rights Violations: Reports indicate that demolitions are often accompanied by police violence, which constitutes a violation of human rights and can lead to physical and psychological harm for affected individuals.
• Political Manipulation: The use of demolitions as a form of political retribution or control undermines democratic principles and can be seen as a tactic to instill fear among communities, particularly in politically sensitive contexts.

What needs to be the Due Process in Legitimate Demolitions?

• UN Guidelines: The United Nations Basic Principles and Guidelines on Development-based Evictions and Displacement (2019) provide humanitarian directives, yet court rulings have been inconsistent and piecemeal which needs a comprehensive approach.

• Exceptional Circumstances: Demolitions should only occur in exceptional cases and must adhere strictly to established legal processes.
• Need for Proposed Phased Procedures:
  • Pre-Demolition Phase: Provide a reasoned notice with details on land records and resettlement plans, allowing adequate time for responses.
  • During Demolition Phase: Requires the presence of neutral government officials during demolitions.
  • Rehabilitation Phase: Need to establish a swift mechanism for affected persons to challenge demolition decisions and seek remedies such as compensation and restitution.

Way Forward – Need to affix Personal Liability:

The widespread demolitions in India highlight a consistent lack of due process and disregard for judicial directives, necessitating the establishment of pan-India guidelines, increased sensitization of law enforcement, and the exploration of personal liability for officials who order forced evictions to ensure accountability and checks on their powers.

https://www.thehindu.com/opinion/lead/putting-the-brakes-on-bulldozer-justice/article68635215.ece