The Supreme Court’s observation of the trend of ‘bulldozer justice’ as illegal is laudable and comes as a huge relief to some sections of Indians. Over the past few years, the homes of a large number of people accused of crimes—mostly Muslims and from other marginalised communities—have been razed by bulldozers as examples of ‘instant justice’ in Uttar Pradesh, Madhya Pradesh, Maharashtra and Rajasthan. Justices B R Gavai and K V Viswanathan questioned the link between civic transgressions and criminal activities, and whether it was just to punish entire families for the criminal activities of a member. They noted that even conviction would not justify such extrajudicial action, let alone being an accused.
While the court appreciated the government’s stand that only illegal structures should be taken down, there is little clarity on whether all the houses demolished in such cases were indeed illegal; and if not, why the local authorities had selectively razed them. In failing to give the affected families enough time to approach the courts, they displayed contempt for the due process of law. This form of retributive justice has contributed to an atmosphere of fear and anxiety, with little legal remedy till now. The ‘bulldozer effect’ is known to have left its recipients feeling overwhelmed and browbeaten. Sadly, such action has found many cheerleaders in India. A few months after the UP assembly election in 2022, a yellow bulldozer featured among the floats at an Indian parade even in faraway New Jersey, US.
Now that the Supreme Court has effectively put the brakes on such arbitrary justice, it is hoped that governments will not brazen it out and continue with discriminatory demolitions under the pretext of removing encroachments. The court also said it would issue guidelines to regulate demolitions across India and has welcomed suggestions to be submitted through Senior Advocate Nachiketa Joshi. While these steps are welcome, the court must also look at the option of punishing officials who sanctioned the pulling down of structures that were not patently illegal. Another question that needs an answer is who will compensate those who have lost their home and hearth to such action. If justice is to be served, the respective governments must rebuild the homes that were razed just because accused persons lived there.