Bulldozer justice

Bulldozer justice

Context:

Recently, the Supreme Court criticized the practice of demolishing properties based on criminal allegations against individuals or their family members, famously known as of “bulldozer justice,” as a violation of the rule of law.

Relevance:
GS-02 (Indian Polity)

What is Bulldozer Justice?

• It is a practice of demolishing practice of demolishing the property of individuals suspected of criminal activities or involvement in riots using bulldozers, often without adhering to due legal process.
• This has become a practice in states like Uttar Pradesh, Madhya Pradesh, Delhi, Gujrat, Maharashtra and Assam.
• Supreme court pointed out that it goes against the rule of law and due process of law as demolishing properties is only based on accusations.

Key highlights:

• The SC has invited suggestions to frame pan-India guidelines on extra-legal demolitions, emphasizing the need for procedural guidelines in legislation to ensure due process.
• Burden of Proof on Authorities: In the pre-demolition phase, the burden of proof should shift to authorities to justify demolitions, ensuring the protection of human rights.
• Notice and Publicity: Affected individuals must be given reasoned notice with adequate information about land records and resettlement plans, allowing ample time to respond (at least one month).
• Minimization of Force and Official Oversight: During demolitions, physical force and heavy machinery should be minimized, and government officials not involved in the process should oversee the operations.
• Rehabilitation and Grievance Redressal: Post-demolition, affected individuals must be provided with adequate temporary or permanent housing, and a fast-track grievance redress mechanism should be established for challenging demolition decisions.