 |
|
The Supreme Court of India has expressed its disapproval of the practice of demolishing homes and properties of individuals accused of crimes without adhering to due process. This statement, delivered on September 2nd, came in response to various applications challenging demolition drives carried out by state governments in Rajasthan, Madhya Pradesh, and Delhi. The court's concern centers around the potential for arbitrary and unjust actions, particularly when targeting individuals belonging to minority communities.
The applications brought to the court's attention a pattern of demolitions following alleged crimes that sparked communal tensions. In Rajasthan, a tenant's house was demolished after his son was arrested for stabbing a classmate, while in Madhya Pradesh, a laborer's ancestral home was razed following his son's alleged act of placing a severed bovine head at a temple. These instances highlight the potential for authorities to exploit accusations and target individuals and their property without proper legal scrutiny.
A closer examination of the relevant local laws reveals significant differences in the procedures governing demolitions. In Rajasthan, the Rajasthan Municipalities Act, 2009, mandates that notice be served to the accused, providing them with an opportunity to make a written representation and be heard before property confiscation. Similarly, the Rajasthan Forest Act, 1953, requires a Tehsildar to issue an order for eviction and land seizure. In Madhya Pradesh, the Madhya Pradesh Municipalities Act, 1961, allows for the removal or demolition of unauthorized buildings but mandates that notice be served and the owner be given the chance to provide reasons why the structure should not be removed. However, the actual implementation of these legal procedures remains a concern, as evidenced by the cases brought before the Supreme Court.
The Supreme Court's intervention has triggered a crucial debate on the balance between maintaining public order and ensuring the fundamental rights of individuals. The court's decision to lay down pan-India guidelines on demolitions is expected to provide clarity and establish a standardized process that prioritizes due process and prevents arbitrary actions. The upcoming guidelines are likely to outline specific procedures for issuing demolition orders, including the requirement of proper notice, fair hearings, and access to legal redress. This could significantly impact the implementation of demolition drives across India, potentially ensuring greater transparency and accountability in such actions.
While the Supreme Court's intervention offers hope for fairer and more just practices, it remains crucial to address the underlying societal tensions that fuel communal violence and trigger such drastic measures. The court's pronouncements are a significant step towards upholding the rule of law and protecting individual rights, but ultimately, the success of these efforts hinges on the commitment of state governments to implement the new guidelines and promote inclusive and peaceful communities.
Source: ‘Bulldozer justice’: What do local laws in states say about demolitions?