The Supreme Court will decide on the issue of framing a pan-India guidelines to regulate “bulldozer” action by authorities.
A bulldozer being used to demolish the bakery of Moid Khan who is accused of allegedly raping a 12-year-old girl, in Ayodhya. (File image)
The Supreme Court will deliver its verdict on Wednesday, November 13, on pleas seeking to stop authorities’ “bulldozer” action against accused persons as a punitive measure. The top court will decide on framing pan-India guidelines to prevent the“illegal” demolition of homes and other properties.
On October 1, the court extended its interim order, asking authorities to stop demolition drives until further orders were received. The interim order did not apply to unauthorised constructions, including religious structures on roads and footpaths. The court also remarked that “public safety” is paramount, and no religious structure, be it a temple, dargah, or gurdwara, in the middle of the road can obstruct the public.
During the hearings, the court observed that being accused or convicted of a crime was no grounds for authorities to initiate bulldozer action against homes and shops.
“We are a secular country… Whatever we lay down… we lay down for all citizens. There cannot be a particular law for a particular religion. Unauthorised constructions belonging to members of any community have to go remarked Justice Gavai orally in court.
The top court also noted the existence of different laws for municipal corporations and nagar panchayats and said they were only concerned about misuse of the municipal laws. While deliberating on framing pan-India guidelines, the court also suggested an online portal for awareness.
In an application in September, the United Nations Special Rapporteur on Adequate Housing told the court that “punitive and arbitrary” demolition of homes is an “aggravated form of human rights violation”. The UN official said such actions against minority communities amounted to “degrading treatment” and could become a tool in the hands of the State to grab land.
The SC was hearing petitions which highlighted increasing instances of “bulldozer” action in the country. The petitioners also expressed alarm that such action is becoming an extra-legal punishment by the State and marginalised communities are increasingly “victimised”.
The plea also sought that any demolition exercise be carried out strictly in accordance with the law and that officials who have carried out such demolition in the past be held accountable.
