Finally, the Supreme Court of India has intervened! But only in a limited manner. The decision of the apex court of India to ask the central government to lay down pan-India guidelines to regulate the demolition of immovable properties by state agencies is a welcome step indeed, as this sends a message to the agencies and the various governments that the law of the land is supreme.
The courts had to intervene as since 2017, India has been witnessing a systematic demolition homes, shops belonging to one minority community. It all started when Chief minister of Uttar Pradesh Yogi Adityanath declared that his government would bulldoze the properties of those involved in crimes against women and weaker sections of society. “My government will bulldoze houses of anyone even thinking of perpetuating crime against women and weaker sections of the society,” he had warned in soon after assuming office in 2017. The same followed soon, and mainly the homes of Muslims were targeted. Soon his supporters started hailing him as ‘Bulldozer Baba,’. A title that not only he but also his party BJP was happy to revel in. BJP used his actions to propel itself in various elections, when at one of Yogi’s political rallies, there is TV footage showing his supporters dancing with yellow toy bulldozers. The apparent endorsement—and popularity—of the use of bulldozers led other BJP-ruled states to emulate Yogi. In Madhya Pradesh, Shivraj Singh Chauhan, during his tenure as Chief Minister, soon acquired the nickname of ‘Bulldozer Mama (uncle).’ In 2022, 16 houses and 29 structures were demolished in his state following communal riots in Khargone. Prime Minister Narendra Modi also has endorsed Yogi. At a public meeting during the 2024 national elections, he asked the Opposition to take a ‘tuition’ from CM Yogi on the use of bulldozers. This action was a menacing indication that the BJP government was prepared to bypass legal processes and resort to extrajudicial measures to deliver what it perceived as justice. However, the nation was watching this “bulldozer justice” has disproportionately targeted the said minority community.
At times, events have been orchestrated to target Muslims, and demolish their shops or homes. The latest case is from Udaipur, Rajasthan. Where the house of Rashid Kahn was demolished after a 15 year old boy allegedly stabbed his classmate at school. It later turned out that Rashid Khan was a tenant and the house demolished belonged to a Hindu. How can a person be punished for the alleged crime of a tenant’s son? And was there any legal process followed before the demolition? Interestingly, the authorities had all their papers ready to show that the notices were issued for illegal construction. However, all these papers were in the name of the tenant! A coverup that went wrong at its first step!
“Bulldozer justice” is a patently illegal, undemocratic and unconstitutional act which reminds one of the pre-historic era when an eye for an eye was the rule. The governments have used bulldozers has a tool of instant justice, who have little patience with democracy and courts of justice. It took the Supreme Court of India good seven years, after dozens of demolitions with virtual free run for the “bulldozer raj” to caution its practitioners that their act has no backing of the law.
The Supreme Court has made the governments realise that such blatant violations of constitutional rights is not to be borne. However, asking the governments to frame the laws, is not asking them to refrain from carrying out the demolitions.