Supreme Court Check on Bulldozer Justice: New Rules for Home Protection and Due Process in India
The Supreme Court of India has delivered a landmark judgment on bulldozer actions-the demolitions carried out through drives-by strictly ruling against the arbitrary demolition of houses of those accused or convicted of committing a crime. The court reiterated again that a house forms an ultimate sense of security for an individual and should never be targeted for demolition as a punitive act.
SC Stand on Bulldozer Action
The Supreme Court held that house demolition by or of an accused or convicted person is not a legal sentence. The high court ruled that such acts should not be founded on prejudice or as a policy of discriminating against the person. "Even if a person is accused or found guilty, it does not justify demolishing their home and punishing their entire family," the court pointed out, further emphasizing that justice must be fair and through legitimate legal procedure.
The court stipulated a clear set of do's and don'ts that should be followed before any demolition action:
Notice Required Before Demolition Action: The court ordered that a minimum notice of 15 days be given to the authorities before any demolition action so that the individuals affected have time to respond.
Due Process :Every District shall nominate a nodal DM for conducting the demolition process. The nodal DM must ensure that appropriate notice is served to the affected parties, and all processes followed are duly followed.
Public Notice and Transparence: The notices are required to be displayed on the site of demolition and also on a digital portal. The Supreme Court has directed that this portal, where all demolition notices would be made available in the public domain, is to be put in place within three months.
Protection Against Misuse of Power
It also warned against the abuse of power in carrying out demolitions. "Officials are not judges and should not exercise the power of a reviewing authority in an administrative role encroaching upon fundamental rights," said the Supreme Court, "Government powers cannot be misused to punish families by denying them shelter," and demolitions should not be done as a retaliatory or intimidatory measure.
Legal Recourse and Just Compensation
The Supreme Court decided that if the house was demolished without just cause or due process of law, then those whose houses were demolished may be entitled to compensation. Such holding is in accord with a time-worn doctrine by the court that only the guilty should suffer punishment and not their family members.
Protection of the Rights of Homeowners
It particularly serves to fortify the notion of a fair and just legal process, especially with regard to matters of the security of one's house. It does an effort not to allow the arbitrary use of bulldozers in cases that may be politically or socially sensitive while, at the same time, keeping homeowners under law.
With this in mind, the value concerns of individual security by the Supreme Court decision, safeguards against demolitions without due process, and it becomes a precedent for respecting all legal procedures to grant rights to individuals across India.
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