The
Supreme Court on Monday indicated its intention to establish pan-India
guidelines to address concerns that authorities in various states are using
house demolitions (bulldozer action) as a punitive measure against individuals
accused of crimes, according to a report by LiveLaw.
A
bench consisting of Justices B R Gavai and K V Viswanathan, while hearing a
series of petitions challenging the "bulldozer actions" in different
states, requested that parties involved submit draft suggestions to assist the
Court in formulating these guidelines. Senior Advocate Nachiketa Joshi was
tasked with collating these proposals for presentation to the Court.
The
bench noted that they would attempt to resolve the issue on a nationwide basis
and scheduled the matter for further consideration in two weeks.
"Let
us try to resolve the issue on a pan-India basis," the bench said.
During
the proceedings, the bench reportedly raised concerns about the use of house
demolitions as a form of punishment. Justice Gavai questioned how a house could
be demolished simply because its owner was accused of a crime, adding that even
a conviction should not automatically lead to demolition. He clarified that
while the Court would not protect unauthorised constructions, there was a need
for proper guidelines.
Justice Viswanathan suggested that guidelines should
be established and implemented across all states to streamline the process.
Justice Gavai emphasised that even if a structure is unauthorised, any
demolition should be conducted in accordance with the law. Justice Viswanathan
pointed out that demolishing a house due to the actions of a recalcitrant
family member was not the appropriate approach.
"A father may have a recalcitrant son, but if
the house is demolished on this ground...this is not the way to go about
it," he said.
The Supreme Court is currently considering several
petitions, initially filed in 2022, related to a demolition drive planned for
April 2022 in Jahangirpuri, Delhi. Although the drive was eventually stayed,
petitioners sought a declaration that authorities should not resort to
bulldozer actions as a punitive measure.
Among
these petitions was one filed by former Rajya Sabha MP and CPI(M) leader Brinda
Karat, who challenged the demolitions carried out by the North Delhi Municipal
Corporation in Jahangirpuri following communal violence during the Shobha Yatra
processions in April.
During
a hearing in September 2023, Senior Advocate Dushyant Dave, representing some
of the petitioners, reportedly expressed concern over the increasing trend of
state governments demolishing homes of individuals accused of crimes. He argued
that the right to a home is an integral part of the right to life under Article
21 of the Constitution and urged the Court to order the reconstruction of the demolished
houses.