India Supreme Court rules against ‘bulldozer justice’ as permissible punishment for crimes – JURIST

India’s Supreme Court released a ruling on Wednesday finding that the country’s authorities cannot use demolition of properties as punishment for those accused or convicted of crimes. It set stringent guidelines against the act, also known as “bulldozer justice”, and laid out strict punishment for those found responsible for engaging in the same.

Bulldozer justice involves the demolition of properties of those accused of a crime, and has disproportionately affected Muslim individuals who have been accused as well as their families. Notably, demolition of many properties occurred in 2022, following communal violence, with a large amount taking place in the states of Assam, Delhi and Uttar Pradesh. This takes place without following any legal process, and with no authorization, but government officials are often involved in directing and executing them.

The Supreme Court’s verdict came as a response to a set of petitions filed by the victims, days after the Chief Justice of India, DY Chandrachud ruled that bulldozer justice was unacceptable. As per the court, such actions are unconstitutional, and the executive cannot declare a person guilty, as is indicative through this punishment, as it would “be transgressing its limits”. This would be a power of the judiciary, and only they have the authority to prescribe punishment.

The court also stated that bulldozer justice violated the right to shelter, which is a part of right to life, as given in Article 21 of the Indian Constitution. In order to curb future behaviour, the court laid down that in case of demolition, the accused and their family would receive compensation and the involved officials shall face prosecution, as well as be held in contempt of the court and face additional proceedings for it. It further prescribed extensive procedure for investigation of the same.

Bulldozer justice has been a previously internationally denounced practice and the verdict of the court was lauded by international organizations such as Amnesty International.