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Bulldozer Justice: SC Order Falls Far Short of a Real Fix

Bulldozer Justice: Supreme Court’s Ruling Merely Puts a Brake on Bulldozers for a Few Days While Ignoring Systemic Flaws and Major Loopholes, Leaving the Real Problem Unresolved

By Mehmood Pracha
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Bulldozer justice

Bulldozer justice | Representative image | Photo courtesy: Special arrangement

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Bulldozer Justice: Court's Limited Action and Ongoing Failures

While several media outlets have been hailing the Supreme Court for what they describe as a historic intervention against "bulldozer justice," the reality is far from deserving such praise. Reports of the court halting this form of extrajudicial punishment are flooding the airwaves, with claims that the judiciary has struck a massive blow to ‘bulldozer politics’. But let’s not be swayed by hyperbole. The truth is, the Supreme Court has not accomplished anything monumental here. In fact, it hasn’t even scratched the surface when it comes to addressing the real issue—rogue elements holding high positions in state governments. Yes, I’ll call it what it is: a government-backed demolition of poor people’s homes, driven by vendettas and fueled by religious and ethnic discrimination, is nothing short of unconstitutional.

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When a government that is meant to safeguard its citizens weaponises state machinery to crush the lives of the vulnerable, bulldozing homes as a tactic of intimidation and revenge, it shows us something deeply troubling about the health of our democracy. Bulldozer politics has been a menacing presence for nearly eight years, with not a single person responsible for these actions facing any form of criminal accountability. The Supreme Court—our highest judicial body—has much more to do in this regard. Temporarily applying brakes on bulldozers until October 1 is hardly a remedy for the years of destruction, the irreparable harm inflicted on families, and the systemic injustice that has flourished under the guise of governance. It’s time to ask: can’t the apex court, as the country’s most powerful legal institution, do more than offer a temporary reprieve while lives continue to be upended?

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Before diving into the nuances of bulldozer politics, let’s first dissect what the Supreme Court’s recent order actually entails. The court issued a three-point directive, which can be summarised as follows:

  1. At the request of Solicitor General Tushar Mehta, the court has scheduled a hearing on October 1st, where this issue will be addressed as the first item on the agenda.

  2. Until the next hearing, the court has mandated that no demolition can occur across the country without prior permission from the court.

  3. The court has specified that this order does not apply to demolitions of unauthorised structures situated in public areas such as roads, streets, footpaths, abutting railway lines, or near river bodies and water bodies. The order also notes that the halting also does not affect demolitions where there is an order of demolition made by a court of law. 

Here’s where the problem lies. A closer examination of the third point reveals a critical gap. Most of the demolitions that have been carried out in recent years fall precisely into the categories outlined in this exception. This means that the majority of demolitions, often executed under the guise of public welfare or legality, are unaffected by this new directive. Consequently, this leaves us in essentially the same position as before, with the systemic issues of bulldozer politics still unaddressed. So, while the Supreme Court’s order might seem like a step in the right direction, it appears to be more symbolic than substantive, failing to disrupt the status quo and effectively sending us back to square one.

Now let’s look at cases where the court actually halted demolitions but its directives were flouted. Take, for instance, the 2022 episode in Delhi. Despite a clear Supreme Court order to suspend demolitions of illegal structures, the North Delhi Municipal Corporation carried out demolitions in Jahangirpuri without hesitation. Similarly, in Uttar Pradesh, demolitions continued in defiance of an intervention by the Allahabad High Court. The situation in Khargone in Madhya Pradesh mirrors this pattern, with demolitions proceeding despite a high court’s directive to maintain the status quo.

What does this tell us? It reveals a disturbing truth: the perpetrators of these demolitions operate with a troubling sense of impunity. They clearly understand that the likelihood of facing genuine legal repercussions is minimal. This lack of fear is indicative of a deeper systemic problem. When those tasked with enforcing the law can blatantly disregard judicial orders, it speaks volumes about the effectiveness of our legal mechanisms.

It's worth noting that the Supreme Court is currently considering the formation of pan-India guidelines to prevent the demolition of properties belonging to individuals accused of criminal offences. While this may seem like a well-meaning move, it could prove counterproductive. Guidelines, in this case, might become yet another tool for perpetrators to manipulate and exploit the system, twisting the law to justify their bulldozer politics under the guise of legality.

What we need isn't more guidelines or regulations that are ripe for manipulation. Inst

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