In brief
In a landmark decision, India's Supreme Court has declared that houses cannot be demolished as a form of punishment for accused individuals, emphasizing the importance of lawful procedures. The ruling comes in response to alarming trends where authorities have utilized demolitions, particularly in politically charged environments, as punitive measures.
The Supreme Court made it clear that the government cannot act unilaterally as judge and jury, insisting that such actions threaten the rule of law. The court criticized the "chilling sight" of bulldozers demolishing structures, calling for accountability of officials who overstep their boundaries. In its ruling, the court enforced a set of new regulations that require authorities to provide a 15-day notice to property occupants before proceeding with any demolitions, clearly outlining the reasons for such actions. If no response is received, subsequent demolitions must be documented through filming to prevent any misuse of power. The court reiterated that demolishing property simply due to accusations is completely unacceptable. This decision comes against the backdrop of numerous allegations that demolitions, often presented as efforts to address illegal constructions, disproportionately target marginalized communities, particularly Muslims. Human rights organizations have welcomed the ruling, viewing it as a significant step toward safeguarding civil liberties. As experts highlight, its real impact will hinge on effective implementation against the backdrop of ongoing extrajudicial demolitions.
