India’s top court bans ‘bulldozer justice’ as punishment

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MUMBAI: India’s Supreme Court on Wednesday strongly criticised states which were demolishing properties of suspected criminals, a practice critics say targets mostly minority Muslims, and issued guidelines to authorities.

The verdict came in response to many petitions filed after demolitions in states ruled by Prime Minister Narendra Modi’s Hindu nationalist Bharatiya Janata Party (BJP) in recent years.

BJP governments in the states have torn down what they say are illegal houses or shops of people accused of crimes, many of them Muslims, in what has come to be popularly known as “instant, bulldozer justice”.

Rights groups and opposition parties have denounced the practice, saying it targets mostly poor Muslims while circumventing the judicial process.

Verdict comes in response to many petitions filed after demolitions targeting Muslims

BJP governments have rejected the accusations and said such properties were in violation of local laws and the owners had been served notices.

On Wednesday, a two-judge bench of the Supreme Court ruled that the state and its officials cannot take arbitrary action against suspects or convicts without following the due process of law. It also laid down guidelines, including issuing prior notice and taking a video of the demolition process. “It is not a happy sight to see women, children and aged persons dragged to the streets overnight. Heavens would not fall on the authorities if they hold their hands for some period,” the court said. There was no immediate reaction to the verdict from the BJP.

Bulldozer action

Calls for India to enshrine Hindu supremacy in law have rapidly grown louder after Modi government’s success in 2014. Hindu nationalist groups were emboldened in their campaign against Muslim religious structures.

“Bulldozer action”, popularly known as “bulldozer justice”, were actions observed by many practitioners as a campaign against the Muslim minority, bulldozing their homes, mosques and shopfronts.

The practices were mainly observed after Yogi Adityanath, Chief Minister of Uttar Pradesh and a saffron-robed Hindu monk seen as a potential successor to Prime Minister Modi, championed the bulldozer as a symbol of his commitment to law and order and as a potential tool to use against “trouble-makers” in 2017. Since then “bulldozer politics” have spread elsewhere in the country and demolition campaigns have begun quickly following on the heels of outbreaks of religious unrest.

Officials said the spate of demolitions were lawful as they only targeted buildings constructed without legal approval. But victims of the campaign deny that their dwellings are illegal, and say they are not given the legally required notice period to dispute demolition orders.

Published in Dawn, November 14th, 2024