India
15-day notice, videography of demolition: Supreme Court issues guidelines on ‘bulldozer justice’ – Times of India
Here are the key highlights of the Supreme Court’s new guidelines:
- Executive cannot play judge: A bench comprising Justices BR Gavai and KV Viswanathan observed that it is “totally unconstitutional” for the authorities to assume the role of the judiciary by punishing accused persons through demolition orders.
- Obliged
show cause message : All demolition activities must be preceded by a notice for cause, with a minimum period of 15 days from the issuance of the notice before any demolition activity takes place. This is to ensure that individuals have a fair opportunity to respond to the notice.
Videography of the demolition procedure: To maintain transparency, the court has ruled that all demolition work must be recorded on video. This measure is intended to draw up an official report and discourage any abuse of power by the authorities.Right to shelter as a fundamental right: The court affirmed the right to shelter as fundamental under the Constitution, emphasizing that even if a person is convicted of a serious crime, their home cannot be demolished without due process of law.- Protection against selective demolition: SC said demolishing a house belonging to a family just because one of them is an accused or convict is akin to imposing collective punishment on the family, which is completely impermissible under the law.
- Compensation for families and liability for civil servants: In cases where demolition takes place unlawfully, the court rules that affected families are entitled to compensation. The court also ruled that officers who acted arbitrarily or illegally would be prosecuted.
- Guidelines applicable nationally: The Supreme Court has directed that these mandatory guidelines be circulated to all states and union territories. It also directed states to issue circulars containing the guidelines to all district magistrates to ensure awareness and compliance at the local level.
- Guidelines that do not apply to unauthorized construction on public land: The Supreme Court clarified that this protection does not extend to unauthorized construction on public land or court-ordered demolitions. The guidelines specifically apply to homes that authorities may target due to the accused or convicted status of the residents.
