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India's Supreme Court Reigns in Use of Demolition as Punishment

India's top court sets new guidelines prohibiting the demolition of homes as punitive action against accused individuals, emphasizing the need for legal processes.

Source: bbc.co.uk1 min read
India's Supreme Court Reigns in Use of Demolition as Punishment
Image via bbc.co.uk

In brief

In a landmark ruling, India's Supreme Court has established strict guidelines against the use of demolition of properties as punishment for individuals accused or convicted of crimes. The ruling comes in the wake of increasing instances where authorities, particularly in states governed by the Bharatiya Janata Party (BJP), have resorted to this controversial practice. The court underscored that the government cannot act as judge and jury, emphasizing the importance of maintaining the rule of law and constitutional democracy.

The decision was prompted by multiple petitions challenging the legitimacy of using demolition as an extrajudicial measure. The Supreme Court voiced its disapproval, stating that such arbitrary actions threaten the foundations of justice and should not be tolerated within a democratic framework. The court insisted that authorities must provide a 15-day notice detailing the reasons for demolition, allowing occupants the chance to contest the action. If no response is received, any demolition must be recorded on video to ensure accountability and transparency.Critics have pointed out the selective nature of these demolitions, with allegations suggesting they disproportionately target Muslim communities, especially following incidents of religious unrest. Although BJP officials argue that these actions are merely a response to illegal constructions, human rights advocates view them as a systemic abuse of power.Amnesty International India welcomed the ruling as a significant victory for civil rights, highlighting its role in curbing what has been described by some as "bulldozer justice." They stressed that while the court's decision represents a positive shift, the effectiveness of these guidelines will depend heavily on their actual enforcement. The Supreme Court’s ruling, despite being belated, is a critical advancement toward ending the misuse of demolition laws and protecting the rights of vulnerable groups.

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