As Supreme Court halts demolitions, bulldozer raj hits a wall

The court’s rebuke deals a blow to States that have championed demolitions as a tough-on-crime tactic, often targeting minority communities.

The Udaipur district administration demolishes the house of a boy who allegedly stabbed his classmate, in Udaipur on August 17. | Photo Credit: Dinesh Gupta/ANI

There will be no demolition of properties, including of those accused of crime, till October 1 without its permission, the Supreme Court said on September 17 while observing that even one instance of illegal demolition was against the “ethos” of the Constitution.

A bench of Justices B.R. Gavai and K.V. Viswanathan clarified that its order will not be applicable to unauthorised structures on public roads, footpaths, railways lines, or public places such as water bodies. “Stand over to October 1 at the request of the Solicitor General. However, we direct that till the next date, no demolition without seeking leave of this court,” the bench said.

Frontline has been tracking demolition drives. At last count, 4,46,254 homes have been razed to the ground by the state. “Even if there is one instance of an illegal demolition… it is against the ethos of our Constitution,” the top court observed while hearing pleas, which alleged that properties of accused were being demolished in several States illegally. The bench also referred to statements made after the September 2 hearing in the matter during which the apex court had said it proposes to lay down certain guidelines on the issue that would be enforceable across the country.

“After that order, there have been statements that the bulldozer will continue… and it all depends in whose hands the steering is,” the bench said. “Mr Mehta (Solicitor General), after these directives are laid down, we will seek your assistance on this glorification and grandstanding… You will assist us on how to stop this. If necessary, we will ask the Election Commission also,” the bench said.

Glorification and grandstanding

Referring to the glorification, grandstanding, and justification of the demolition action, the bench said, “Now, whether this should happen in our country… Whether the Election Commission can be noticed so that some kind of a thing can be laid down?” At the outset, a counsel appearing for the petitioners said even after the September 2 hearing demolition was carried out in the country.

Countering his submission, Solicitor General Tushar Mehta said a “narrative” was being built over the demolition of properties. He said there was a petition before the apex court that alleged that because the person belonged to a particular religion, his property was demolished. “Let them bring to your lordships’ notice one instance of demolition where the law is not complied (with),” the law officer said. He said the affected parties have not approached the court because they know that they have received notices and their constructions were illegal.

The bench responded: “Rest assured that outside noise is not influencing us.” The bench said it will hear the matter on October 1, and till then no demolition shall be done without its leave.

Observing that the executive “can’t be a judge”, it said the directives to be passed by the court after hearing the parties would apply pan-India. The bench said it had made it clear on September 2 that the court will not protect any unauthorised construction on a public road or public place.

Mehta said in one of the matters, a footpath was encroached upon, and notices were issued before it was cleared. “For footpath, we will say not even a notice is needed. Demolish forthwith even if there is a religious structure of any religion,” the bench said.

Women stand near debris of a bulldozed construction during a demolition drive at Khyber Pass, New Delhi, on August 4, 2024. | Photo Credit: ATUL YADAV/PTI

One of the advocates appearing for the petitioners referred to the September 12 order passed by a coordinate bench (a bench of identical strength) which had said alleged involvement in a crime was no ground for demolition of a property.

“Moreover, the alleged crime has to be proved through due legal process in a court of law. The court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise, such actions may be seen as running a bulldozer over the laws of the land,” the coordinate bench of the top court had said in its September 12 order.

‘Heavens will not fall’

During the hearing, Mehta referred to the magnitude of the order passed today and said there would not be any demolition in the entire country. “You can have it [the matter] on [September] 24. For one week, you can stay your hands off,” the bench said. “If somebody wants to face contempt, let him face a contempt,” it said.

Mehta said the court can consider ordering no demolition except in cases of unauthorised construction after following the procedure established by law. “Heavens will not fall,” the bench told him dismissively.

When counsel for some petitioners referred to individual cases, the bench said, “We are here to first lay down the directions as was done by this court in Vishaka (which laid down guidelines against sexual harassment at workplace).“

While hearing these petitions on September 2, the apex court had questioned how can anybody’s house be demolished just because he was an accused. Mehta, appearing for Uttar Pradesh, had said no immovable property can be demolished solely on the ground that its owner or occupant was involved in a criminal offence.

The top court was hearing petitions filed by Jamiat Ulama-i-Hind and others seeking directions to various States to ensure no further demolition of properties of those accused in cases of rioting and violence takes place. It had also said no demolition should be carried out without following the due process of law and sans prior notice.

‘Bulldozer justice’

India’s top court ordered authorities to pause demolishing private property as punitive action against people accused of criminal activity, condemning the so-called bulldozer justice.

Prime Minister Narendra Modi’s government has frequently deployed bulldozers and earthmovers to flatten property owned by those facing trial, saying it targets illegal construction and is a firm response to criminal activity. In a hearing last week, the court said the practice amounted to “running a bulldozer over the laws of the land”. The judges added: “Alleged involvement in crime is no ground for the demolition of a property.”

A bulldozer demolishes a slum in Vasant Vihar, New Delhi, on June 16, 2023. | Photo Credit: R.V. MOORTHY

Rights groups have condemned the tactic as an unlawful exercise in collective punishment, often targeting India’s minority Muslim community. “It can’t be demolished even if he’s a convict... the demolition can be carried out (only) as per the procedure in accordance with the law,” said Justice B.R. Gavai, one of the trio of judges hearing the case.

The campaign first started in 2017 in Uttar Pradesh, governed by Yogi Adityanath, a Hindu monk seen as a potential successor to Modi and a key figure in the BJP. It has since spread to several other States controlled by the BJP.

Selective and vicious crackdown

Officials say the demolitions are lawful as they only target buildings constructed without legal approval. But victims deny that their dwellings are illegal, and say they are not given the required notice period to dispute demolition orders. Amnesty International has said that the demolitions were part of a selective and “vicious” crackdown on Indian Muslims who spoke out.

Bahujan Samaj Party chief and former Uttar Pradesh Chief Minister Mayawati urged the Centre to come forward and make uniform guidelines for the use of bulldozers for demolitions emphasising that a lack of such guidelines had led the Supreme Court to intervene and rule against such illegalities.

She said the increase in the use of bulldozers should not be seen as symbols of the rule of law. “Despite bulldozer demolition not being the rule of law, the increasing trend of its use is a matter of concern. However, when the general public does not agree with the bulldozer or any other matter, then the Centre should come forward and make uniform guidelines for the whole country, which is not being done,” Mayawati wrote in a post on X.

“Otherwise, in the case of bulldozer action, the Hon’ble Supreme Court would not have had to intervene and fulfill the responsibility of the Central Government, which was necessary. The Central and State Governments must pay attention to the implementation of the Constitution and the rule of law,” she said.

Samajwadi Party chief Akhilesh Yadav on September 17 thanked the Supreme Court for halting bulldozer demolition across India until October 1 without its permission and said that bulldozers cannot be justice. “The bulldozer can’t be justice. The bulldozer was unconstitutional, it was to scare people. The bulldozer was to deliberately suppress the voice of the Opposition. I thank the Supreme Court for this direction that has stopped bulldozers. The CM, UP government and the people of the BJP glorified the ‘bulldozer’ as if this is justice. They used to bring it to their rally to create fear,” Yadav said. The bulldozer “can be a symbol of injustice, not justice”, he added.