Why Some Demolitions Feel Like Collective Punishment

Courts should understand the extent to which such cases involve psychological injuries too

- A Faizur Rahman

The Supreme Court on July 13 refused to halt the contentious demolition drive in Uttar Pradesh and other states, saying illegal structures were not immune from action. The case before the court concerned the demolition of homes of some Muslims protesting against former BJP spokesperson Nupur Sharma’s widely denounced remarks against Prophet Muhammad.

Impassioned pleas against “bulldozer justice”: Several former SC and HC judges have written to the Chief Justice of India that these demolitions are “an unacceptable subversion of the rule of law” and “a form of collective extrajudicial punishment, attributable to a state policy which is illegal”.

The UN Special Rapporteur on the right to adequate housing, Balakrishnan Rajagopal, was also of the view that the demolitions were carried out as collective punishment against the Muslim community for the alleged involvement of some Muslims in violence.

Although the UP government asserts that the demolitions were executed by statutory autonomous bodies as part of their routine effort against illegal constructions, allegations of collective punishment and “bulldozer justice” continue to be made.