The Supreme Court of India has said that authorities cannot demolish homes just because a person has been accused of a crime and has issued strict guidelines for any such action.
The ruling came in response to several petitions demanding action against authorities using demolitions as a means of punishment against those accused or convicted of crimes.
“Operator [the government] cannot become a judge and destroy property. The grisly sight of a bulldozer demolishing a building is reminiscent of lawlessness where it should be,” the Supreme Court said on Wednesday.
It also directed the authorities to give sufficient time to the affected person to challenge the order or vacate the property.
The verdict comes against the backdrop of several instances where governments in states, especially those ruled by the Bharatiya Janata Party (BJP), used destruction as a tool to punish those accused of crimes.
The reason given was illegal construction, but experts questioned the logic and said there was no legal basis for this.
Opposition leaders and activists said that while victims included Hindu families, such demolitions mainly targeted Muslims, especially after protests or religious violence.
The BJP denies the charges and state ministers have linked the demolitions to their tough stance on crime.
During Wednesday’s hearing, the Supreme Court used strong words to criticize the practice.
“Such arbitrary and arbitrary actions have no place in a constitutional democracy,” it said, adding that officials who “take the law in their hands” must be held responsible.
The court then issued directions, which made it mandatory for authorities to give 15 days notice to residents before destroying allegedly illegal properties.
The notice must explain the reason for the demolition. The court said that if the defendant does not respond to the notice within 15 days, authorities can proceed with proceedings but they will have to film the process.
It also warns that violation of these guidelines will amount to contempt of court.
The court strongly criticized the illegal demolition throughout the hearing.
Earlier this month, the agency found that destroying property simply because a person has been charged with a crime is “simply unacceptable under the law.”
It also observed that the voice of the people cannot be silenced under the threat of demolition.
While the Supreme Court’s directions can be seen as a positive step towards preventing such demolitions from becoming the norm, observers point out that enforcement of the order will be key to ensure this demolition will stop.
Human rights group Amnesty International praised the ruling, saying that although it came late, it was a welcome move in protecting people’s rights.
“This is a major victory in ending the extremely unjust, widespread, illegal and punitive destruction, mainly targeting the minority Muslim community, by the Indian government which routinely peddled by the ruling party’s political leaders and media as ‘justice by bulldozer’.” the organization said in a statement.
