The Supreme Court has strongly criticized the practice of demolishing homes by state governments when the owners or their family members are accused of crimes. During a hearing, the Court raised concerns about whether any individual’s house could be destroyed simply because they or their relatives were accused of a crime. The Court emphasized that even if a person is found guilty, their home cannot be demolished without following a clear and established legal procedure.
It has been alleged that Muslims are being targeted in BJP ruled states and bulldozer action is being taken. The petition also alleges that the governments did not give the victims a chance to defend themselves. Rather, without waiting for the legal process, the houses of the victims were immediately bulldozed as punishment.
Justice B.R. Gavai, while hearing a petition filed by the Muslim organization Jamiat Ulema-e-Hind, expressed serious concerns over the demolition of homes based solely on accusations. He questioned, “How can a house be demolished just because the person who owns it or any of his family member is an accused? Even if he is guilty, the house cannot be demolished.” He further noted that despite the involvement of the Supreme Court Bar Association, there has been no noticeable change in the government’s stance on this issue.
Justice K.V. Vishwanathan, another member of the bench, echoed these concerns and emphasized that legal loopholes should not be exploited to justify such demolitions. He used an analogy to illustrate his point: “The father’s son may be stubborn or disobedient, but if the house is demolished on this basis, then this is not the way.” Both Justices underscored that demolishing someone’s home without a structured legal framework is fundamentally unjust.
During the hearing, Solicitor General Tushar Mehta, representing the Central Government, defended the government’s actions, stating that demolitions are carried out only when there is a violation of the law. He asserted, “We take action only when the law is violated.”
However, the bench pointed out that the complaints received suggest there has been a misuse of this process. Justice Vishwanathan highlighted the need for standardized guidelines for demolishing unauthorized buildings across the country. Justice Gavai also stressed the importance of receiving comprehensive suggestions to enable the Court to issue nationwide guidelines.
The Supreme Court clarified that it does not intend to protect illegal constructions but is considering the establishment of guidelines to regulate such actions across the country. The next hearing on this matter is scheduled for September 17. These observations came while the Court was hearing petitions challenging the use of bulldozer actions by various state governments.
The Court’s remarks indicate its intention to bring more clarity and legality to the process of property demolitions, ensuring that such actions are not taken arbitrarily or without due process.
