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India's Supreme Court Rescinds 'Bulldozer Justice' Amid Rising Communal Tensions

The recent ruling bans the contentious practice of demolishing properties as punishment without due legal process, a move hailed by human rights advocates.

By Pragati K.B.Source: nytimes.com1 min read
India's Supreme Court Rescinds 'Bulldozer Justice' Amid Rising Communal Tensions
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In brief

In a significant legal development, India's Supreme Court has prohibited the controversial method known as "bulldozer justice," which involves state authorities demolishing homes and businesses, particularly those belonging to Muslims, in response to communal unrest or opposition to political authority. The decision was announced on Wednesday and is seen as a potential turning point against a practice that has grown alarmingly prevalent in India over recent years.

The Supreme Court characterized bulldozer justice as reminiscent of a "lawless state of affairs," emphasizing that it is unacceptable for the government to assume the role of arbiter and dispense punishment without due process. The trend has particularly escalated in regions led by the ruling Bharatiya Janata Party (BJP), helmed by Prime Minister Narendra Modi. Such demolitions often take place before any legal action is taken, with authorities claiming that the properties are illegally constructed.A notable instance occurred in August 2023 in Haryana, where properties in Nuh and other districts were destroyed following violent clashes triggered by a Hindu religious procession. Rights groups have condemned these actions as discriminatory and have called for measures to protect minority communities.While advocates hailed the ruling as a vital step towards justice, there exists skepticism regarding its enforcement. The judicial intervention comes only after bulldozer justice had been entrenched in governmental practices over the years. The bulldozer has emerged as a political icon within Modi's party, championed by leaders like Yogi Adityanath, the chief minister of Uttar Pradesh, who has often leveraged the symbolism of the bulldozer to win electoral support.This ruling offers hope for a shift in the relationship between the State and vulnerable minority groups, as conveyed by Agnès Callamard of Amnesty International, who emphasized the need to halt campaigns of hate against minorities. Furthermore, experts like Miloon Kothari have highlighted the broader implications of such demolitions, underscoring their adverse effects on citizens' fundamental rights, livelihood, and access to essential services. Although the Supreme Court's decision is a welcome change, the actual implementation and future consequences remain to be seen, raising the question of whether lawmakers will take the necessary steps to prevent such practices from recurring. Pragati K.B. is a reporter based in New Delhi, covering news from across India.

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