Top court cracks down on bulldozer justice by states
Hindustan Times|November 14, 2024
Describing a house as "an embodiment of the collective hopes of a family or individuals' stability and security", the Supreme Court on Wednesday laid down nationwide guidelines to curb arbitrary demolitions by state authorities, marking a significant moment in the battle against what has come to be known as "bulldozer justice"-- the practice of razing the properties of people accused of crimes, and, sometimes, of their families, often using earthmovers or bulldozers, without following due process.
Utkarsh Anand
Top court cracks down on bulldozer justice by states

The ruling by a bench comprising justices Bhushan R Gavai and KV Viswanathan, and authored by the former, quoted Hindi poet Pradeep (famous for authoring Aye Mere Watan Ke Logon) "To have one's own home, one's own courtyard this dream lives in every heart.

It's a longing that never fades, to never lose the dream of a home" as it underlined the right to shelter as a fundamental part of the Indian Constitution, mandating strict procedural safeguards and highlighting that the executive cannot bypass the judicial process by demolishing properties linked to people alleged to have committed a crime.

"The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where 'might was right'. In our Constitution, which rests on the foundation of 'the rule of law', such high-handed and arbitrary actions have no place," stated the judgment, warning that arbitrary executive actions would be subject to judicial scrutiny and penalties.

The ruling comes amid rising public concern over demolitions allegedly targeting specific groups and communities without following due process.

"When a particular structure is chosen for demolition, and the rest of the similarly situated structures are not even being touched, mala fide may loom large," it observed. This selective targeting, the bench maintained, could serve as an unconstitutional penalty rather than a legal enforcement of municipal codes.

By clarifying that the court directives will not apply to unauthorised constructions on public lands, such as roads, footpaths, and water bodies, or to demolitions ordered by a court of law, the Supreme Court sought to strike a balance between enforcing land use laws and safeguarding civil rights, while making it clear that the State must respect citizens' constitutional protections.

Denne historien er fra November 14, 2024-utgaven av Hindustan Times.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

Denne historien er fra November 14, 2024-utgaven av Hindustan Times.

Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.

FLERE HISTORIER FRA HINDUSTAN TIMESSe alt
WANNA UNWIND? HEAD TO JLN THIS WEEKEND & LET THE MUSIC PLAY!
Hindustan Times

WANNA UNWIND? HEAD TO JLN THIS WEEKEND & LET THE MUSIC PLAY!

HT City Unwind, India's biggest food and music festival, is back in Delhi with a curated line-up that's simply stellar

time-read
1 min  |
November 25, 2024
INDIAN CRAFT MEETS ITALIAN FLAIR: DIVIANA DEBUTS IN MILAN WITH A STARRY AFFAIR
Hindustan Times

INDIAN CRAFT MEETS ITALIAN FLAIR: DIVIANA DEBUTS IN MILAN WITH A STARRY AFFAIR

In the prestigious Montenapoleone Fashion District of Milan, where luxury whispers through every cobblestone, DIVIANA has carved a niche as one of India's foremost luxury furniture brands.

time-read
1 min  |
November 25, 2024
Hanumankind joins A$AP Rocky on stage during Thailand concert
Hindustan Times

Hanumankind joins A$AP Rocky on stage during Thailand concert

Rapper Hanumankind, the viral sensation from Kerala, recently performed on stage with rapper A$AP Rocky in Pattaya, Thailand.

time-read
1 min  |
November 25, 2024
Aditya: Emmy nom was enough, a win would.be cherry on top
Hindustan Times

Aditya: Emmy nom was enough, a win would.be cherry on top

It's heartening to see your work get recognised on such an international platform. But the biggest validation comes from the audience.

time-read
1 min  |
November 25, 2024
WEDDING BELLS FOR TAMANNAAH AND VIJAY? 'KYUN NAHIN?', SHE SAYS
Hindustan Times

WEDDING BELLS FOR TAMANNAAH AND VIJAY? 'KYUN NAHIN?', SHE SAYS

The actor-couple is likely to take the plunge in 2025; Bhatia says she would continue to act even after marriage’

time-read
1 min  |
November 25, 2024
India sizzle in sun, Australia scorched
Hindustan Times

India sizzle in sun, Australia scorched

Opener Jaiswal’s 161 and Kohli’s 30th Test century followed by the hosts’ batting tumble leave India eyeing a win in Perth

time-read
3 mins  |
November 25, 2024
Hindustan Times

UN rules for carbon trading between nations approved

New rules allowing wealthy polluting countries to buy carbon-cutting \"offsets\" from developing nations were agreed at UN climate talks on Saturday, a move already raising fears they will be used to greenwash climate targets.

time-read
3 mins  |
November 25, 2024
Earth bids farewell to its temporary 'mini moon'
Hindustan Times

Earth bids farewell to its temporary 'mini moon'

Planet Earth is parting company with an asteroid that's been tagging along as a \"mini moon\" for the past two months.

time-read
1 min  |
November 25, 2024
Cops feted for rescuing 104 trafficked children
Hindustan Times

Cops feted for rescuing 104 trafficked children

Delhi Police head constables Seema Devi and Suman Hooda were felicitated on Sunday with the inaugural Times Now Heroes award for helping rescue 104 trafficked children in nine months across three states and reuniting them with their families.

time-read
1 min  |
November 25, 2024
Hindustan Times

There's dearth of will to address climate crisis

The climate summit, COP29, in Baku, has ended. It lays bare the fundamental inequity and the lack of willingness of the developed world to acknowledge its role in climate change.

time-read
1 min  |
November 25, 2024