Putting the brakes on ‘bulldozer justice’. The Hindu Editorial Explanation 13th September 2024.

Background Information

To understand more about this article, you can also read the article on bulldozer politics published in the editorial of The Hindu Newspaper earlier this month.

https://hellostudent.co.in/bulldozer-politics-the-hindu-editorial/

Article Explanation

The Supreme Court of India is looking for suggestions to create clear rules for bulldozer justice i.e. demolitions happening without following legal procedures. This comes after several cases where houses and buildings of people accused of crimes were destroyed without going through proper legal channels. These demolitions have been happening more often in recent years, mainly affecting vulnerable groups, leaving them without any legal help or protection.

These actions ignore people’s basic right to have a home. Evictions are done suddenly, often at odd hours, without any plan for giving the people a new place to live or helping them settle elsewhere. This has only made inequality and social tensions worse, as it often targets specific communities, pushing them further to the margins. This behaviour goes against the justice and fairness values written into India’s Constitution and criminal law.

To fix this, there’s a strong call for rules that limit the power of local authorities to order demolitions without following the law. Many of these demolitions are being done to punish people for crimes or riots. For example, in places like Jahangirpuri in Delhi or Nuh in Haryana, homes were demolished after clashes between groups.

In Khargone, Madhya Pradesh, after communal violence, houses and businesses owned by Muslims were also torn down. Authorities usually justify these actions by claiming the buildings were illegally constructed or encroaching on land. However, they often ignore the proper legal steps required, making the whole process unfair and unlawful.

Treating demolitions as a form of punishment for crimes undermines the legal process and violates people’s fundamental rights. The Supreme Court is now being urged to stop these unlawful demolitions immediately and to establish rules that ensure any necessary demolitions are done in a fair, legal way that respects the rights of the people involved.

Any demolition should only happen in exceptional situations and must follow proper legal steps. Before a building is demolished, authorities must prove that no other option is available and that it is necessary for the public good. People affected by the demolition should be given proper notice well in advance, including details about land records and resettlement plans. They should also have enough time to understand their options, get legal advice, and respond to the demolition notice.

An independent committee, made up of legal experts and civil society members, should be set up to review the demolition process, especially in cases where many houses are affected. This committee should ensure that vulnerable groups, like children, the elderly, and people with disabilities, are protected and that alternative housing options are considered. There should be a minimum of one month’s notice before any demolition, so people have time to pack up their belongings and make necessary arrangements.

During the demolition, the use of force should be minimized, and heavy machinery like bulldozers should only be used when necessary. There should be officials present who are not involved in the demolition to ensure everything is done fairly, and surprise demolitions should be punishable by law.

After the demolition, proper rehabilitation must be provided so that people are not left homeless. There should also be a fast and effective system for people to challenge any decisions made, and options for compensation or even returning to their original homes should be built into the law.

One of the main problems is that local authorities often have too much power and are not held accountable when demolitions are done wrongfully. The laws should change so that officials can be personally held responsible for illegal demolitions, ensuring that they follow the rules and treat people fairly.

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The Hindu Epaper Editorial Explanation given by Hello Student is only a supplementary reading to the original article to make things easier for the students.

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The Editorial Page of The Hindu is an essential reading for all the students aspiring for UPSC, SSC, PCS, Judiciary etc or any other competitive government exams.

This may also be useful for exams like CUET UG and CUET PG, GATE, GMAT, GRE AND CAT

To read this article in Hindi –https://bhaarat.hellostudent.co.in/

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