The Supreme Court of India has established stringent guidelines for any activity, including requiring that authorities do not demolish homes after a person has been accused of a crime.
A number of petitions have been filed asking for the court to hear the decision, which would put an end to the practice of using destruction as a punishment against those who have been accused or found guilty of crimes.
” The executive]the government ] cannot become a judge and demolish properties. The Supreme Court on Wednesday remarked on the cold view of a bulldozer destroying a building as a reminder of the rule where it was right.
Additionally, it directed regulators to allow the victim to contest the buy or leave the property without further notice.
The ruling comes against a backdrop of a spate of instances, where authorities in states, particularly governed by the Bharatiya Janata Party (BJP), have used demolition as a tool to punish people accused of crimes.
Researchers dispute the legal rationale for doing this, citing illegal building as the explanation.
According to opposition leaders and activists, these demolitions have largely targeted Muslims, particularly after spiritual murder or protests, even though Hindu families are victims, according to opposition leaders and activists.
State chief ministers have argued against evictions because of their hard stance on murder, but the BJP refutes this claim.
During the reading on Wednesday, the Supreme Court used powerful words to criticise the process.
” For bumping and random actions have no place in a legal democracy”, it said, adding that leaders” who took the laws in their hands” may be held responsible.
The court therefore issued guidelines mandating that authorities give an occupant a 15-day notice before the alleged illegal home is destroyed.
The notice does explain the reasons for destruction. Regulators may deal with the actions if the accused fails to respond to the notice within 15 days, but the court required the filming of the process.
Additionally, it warned against going against these rules by breaking them.
Throughout the entire hearing, the court had a strong critic for judicial evictions.
It noted earlier this month that “absolutely intolerable under the rule of law” to destroy properties just because someone is accused of a crime.
Additionally, it was noted that the threat of destruction would not allow the public’s tones to be audible.
Although the Supreme Court’s recommendations can be seen as a positive step toward preventing like demolitions from becoming common, experts caution that the implementation of the order will be essential to ensuring the exercise stops.
Amnesty International, a human rights organization, praised the decision, calling it a delightful step in upholding the rights of the people.
” This is a huge win in ending the deeply cruel, popular, unconstitutional and punishing evictions, mainly targeting the minority Muslim community, by the Indian government which have often been peddled as ‘ bulldozer justice’ by ruling party political leaders and media”, the company said in a statement.