In brief
In a significant move, India's Supreme Court has prohibited the practice of 'bulldozer justice,' where homes and businesses of predominantly Muslim communities are demolished without due process after communal conflicts. Advocates express hope for the ruling to mitigate systemic discrimination.
In a landmark ruling on November 13, 2024, India's Supreme Court has declared the practice known as 'bulldozer justice' illegal. This controversial method involves state governments demolishing homes and businesses—mostly belonging to Muslims—often as immediate retribution following communal tensions or political dissent. This practice has escalated in India, particularly in regions ruled by the ruling Hindu-nationalist Bharatiya Janata Party (BJP) of Prime Minister Narendra Modi.The Supreme Court emphasized that demolishing properties without a proper legal framework fosters a “lawless state of affairs” where authority equates to righteousness. The Court elaborated that it is inappropriate for the executive branch to act as judge and jury, condemning individuals prior to legal proceedings. One stark incident highlighted by the judgment involved the government razing properties in Nuh and adjacent districts following religious confrontations last August sparked by a hardline Hindu procession. The demolitions disproportionately affected the Muslim population, igniting widespread criticism.While human rights activists hailed the ruling as a crucial initiative to combat systemic discrimination against Muslims in India, uncertainty remains regarding its implementation. The bulldozer has unfortunately become emblematic of state power, particularly in BJP-led states, where Chief Minister Yogi Adityanath’s persona as “Bulldozer Baba” is a testament to this trend, leveraging demolitions to gain political traction.Rights organizations have described the Court's intervention as a necessary step in addressing the escalating wave of hate and violence directed at minority communities. “We hope this judgment will mark a turning point to deter campaigns of hate, harassment, and violence against minorities in India,” stated Agnès Callamard, secretary-general of Amnesty International.Moreover, Miloon Kothari, former U.N. special rapporteur on the right to housing, reiterated the broader implications of these demolitions on individuals' lives—impacting shelter, livelihoods, and access to essential services like education and healthcare. He expressed cautious optimism regarding the Court's guidelines but awaits concrete implementation.As the ruling reverberates throughout the country, it raises critical questions about the future of state-sponsored violence and its effects on marginalized populations, pointing toward a need for an enduring protection of civil liberties. Pragati K.B. is a reporter based in New Delhi, covering extensive news across India.
