The Supreme Court is Poised to Rein in Arbitrary “Bulldozer Justice” through Uniform Guidelines, Aiming to Curb Selective State Actions
THE SUPREME COURT of India’s recent listing of guidelines to address “bulldozer justice” could have significant legal, political, and social implications. “Bulldozer justice” refers to the demolition of properties, often linked to encroachers (mainly minorities) or criminals, without due process.
This controversial practice has gained attention, especially in BJP-ruled states like Uttar Pradesh and Madhya Pradesh.
Legal Implications
Legal experts assert that the Supreme Court’s intervention comes at a crucial time, as bulldozer demolitions were being conducted selectively, creating the impression that such actions were directed at specific communities.
The Court has granted an interim stay on these demolitions, stating that proper procedures must be followed, and that such actions cannot be based solely on allegations of encroachment.
The Court’s observation that the law applies equally, whether the encroachment pertains to a temple or mosque, underscores the importance of following due process.
This move could significantly contribute to communal harmony once the Supreme Court finalizes nationwide guidelines for dealing with illegal constructions. Such guidelines will bind both state and central governments to legal procedures, enhancing accountability and preserving public trust.
Protecting Constitutional Values
By protecting the secular tenets of the Indian Constitution, the Supreme Court’s guidelines on bulldozer justice will safeguard social cohesion. Key factors include:
Legal and Constitutional Framework: The Supreme Court guidelines will reinforce the principle of due process, ensuring that demolitions follow legal procedures and emphasizing the right to a fair trial, thus protecting citizens from arbitrary state actions.
Accountability: Officials who bypass legal procedures during demolitions could be held accountable, curbing the trend of extrajudicial measures and increasing scrutiny of law enforcement actions.
Political Impacts
Curbing Political Exploitation: Bulldozer justice has often been criticized as a political tool, particularly during elections, to project a tough-on-crime image. With clear guidelines in place, political leaders may be less inclined to use demolitions for political gain.
Public Perception: Politicians who champion bulldozer justice may face backlash if their actions are perceived as violating constitutional principles. Conversely, adherence to the guidelines could build public trust in the judiciary.
Impact on Marginalized Communities
Protection of Vulnerable Groups: Historically, bulldozer actions have disproportionately affected marginalized communities, including minorities and economically weaker sections. The Supreme Court’s guidelines could protect these groups from unjust evictions and demolitions, addressing concerns about social justice.
Reducing Community Tensions: Unlawful demolitions have often led to communal tensions. Adherence to judicially mandated guidelines could reduce such incidents, fostering communal harmony by curbing targeted actions.
Administrative Reforms
Streamlining Procedures: Local administrations will likely need to reform their demolition protocols to align with the new guidelines, leading to better governance and greater transparency.
Increased Judicial Oversight: Courts may see an increase in cases challenging demolitions, prompting greater judicial scrutiny of administrative decisions and reducing arbitrary actions.
Long-Term Deterrence
Restraining Misuse of Power: The guidelines will act as a deterrent to the arbitrary use of bulldozers as a tool of punishment without legal adjudication. This sends a clear message that administrative actions must comply with legal standards.
Focus on Rehabilitation: Authorities may be encouraged to prioritize rehabilitation and compensation for encroachers or illegal occupants, promoting a more humane and balanced approach.
In Summary
The Supreme Court’s guidelines are poised to bring a more balanced approach to law enforcement, emphasizing fairness and accountability, and reducing the potential for political misuse of demolition drives. This will have a far-reaching impact on governance, legal protections, and community relations across India.
“Bulldozer justice” in Uttar Pradesh became a prominent phenomenon under Chief Minister Yogi Adityanath, especially after his re-election in 2022.
The practice involved the aggressive use of bulldozers to demolish properties of individuals labeled as criminals or involved in illegal activities, often without due legal process.
While the tactic was hailed as part of the government’s broader law-and-order agenda, it was criticized as extrajudicial punishment, sometimes seen as targeting specific communities.
The Supreme Court’s intervention aims to establish guidelines that address the misuse of bulldozer justice, particularly in BJP-ruled states like Uttar Pradesh and Madhya Pradesh.
This move seeks to ensure accountability, protect citizens’ rights, and foster communal harmony through the enforcement of a uniform legal framework for addressing illegal encroachments across India.
Under Adityanath’s leadership, bulldozer justice has reinforced his tough-on-crime image, gaining political traction among certain voter segments.
However, it has also sparked widespread criticism for undermining due process and disproportionately targeting specific communities. Judicial scrutiny and calls for reform have led to debates on balancing law enforcement with constitutional safeguards.
In this backdrop, the Supreme Court’s intervention aims to prevent the misuse of power in the name of encroachments. The enforcement of nationwide guidelines will restore confidence in the judicial system and preserve the sanctity of the Indian Constitution. This landmark decision will strengthen public trust and safeguard the rule of law. 
K. S. Tomar
The writer, a senior political analyst, is a former Editor of the Hindustan Times' Rajasthan edition and has spent nearly four decades in journalism, including a six year stint in Nepal where he covered Sino-India-Nepal complex relationship and had a ringside seat to the Himalayan Kingdom's transition into democracy.
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