The Supreme Court will pronounce its verdict on Wednesday, November 13, on the issue of framing pan-India guidelines to govern “bulldozer” actions carried out by authorities. The court is going to pronounce its verdict on pleas seeking to stop the bulldozer as a punitive action against accused persons, particularly in demolitions of homes and properties.
Court’s Interim Order Focuses on Public Safety
On October 1, the Supreme Court extended its interim order, asking authorities to stop bulldozer demolitions till further notice. The order did not exempt unauthorized constructions-however, it did not include religious structures that obstruct roads and footpaths. The court further declared that “public safety” is an overriding consideration, which structures occupying public spaces of whatever background are supposed to be removed.
“We are a secular country… Whatever we lay down… we lay down for all citizens. There cannot be a particular law for a particular religion. Unauthorized constructions belonging to members of any community have to go, no matter their religion or faith,” said Justice Gavai during the hearings.
Bulldozer Action as Extra-Legal Punishment
The Supreme Court, in this regard, has commented that mere accusation or conviction of a crime is no reason to unleash bulldozer power on one’s home or property. The court was alarmed at the increasing resort to such practices as forms of extra-legal punishment, especially against poor communities, who are being “victimized” all too often.
Different Laws and Abuse of Municipal Authority
Further, the court pointed out the varying acts which are in force in municipal corporations as opposed to nagar panchayats, and how the municipal acts are being misused at the time of demolition. It further elaborated about pan-India guidelines for putting uniformity in different acts, so that the bulldozers cannot be used arbitrarily for demolition.
Main Takeaways
The UN has been aggrieved by the fact that the bulldozers are being used by the police authorities to “demolish illegally constructed structures”, which has been termed a draconian act violating the principles of human rights.
The United Nations Special Rapporteur on Adequate Housing submitted an application to the court in September that the “punitive and arbitrary” demolition of homes constituted a grave violation of human rights. The UN representative held that the demolitions were characteristically aimed at the minority communities where such actions typically resulted in “degrading treatment” and increased chances of the State taking possession of the land.
Petitioners Request to Ensure Legal Compliance
The Supreme Court petitions called for strict observance of the rule of law in any demolition exercise. Besides, the petitioners sought persons held responsible for past unlawful demolitions and expressed concern over the increasing rate of bulldozer actions being used outside the framework of the law.
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