The Supreme Court of India has ruled that the ‘bulldozer action’, referring to the demolition of houses of persons accused of serious crimes, cannot be allowed to go on.
A bench of justices BR Gavai and KV Vishwanathan held the verdict that state authorities cannot determine the guilt of a person and alleged crimes cannot be the basis for demolishing a person’s house or properties. Determining the guilt of an individual is the job of the judiciary, the verdict said.
The Court issued a set of guidelines to be followed by the authorities before demolishing properties.
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The court mentioned that even if a person is found guilty, the demolition of the house would still be wrong because such an action by the executive would be like taking the law into their own hands.
“Additionally, demolishing the house of a person also affects the right to shelter under Article 21 of the Constitution and also becomes a collective punishment against the family members of such accused person,” the SC noted.
The verdict added that government officials indulging in bulldozer action will be held liable, including via way of compensation. The 2-judge bench stated that they have laid down binding guidelines to be followed by state officials in such cases. Acknowledging the state’s power and duty to maintain law and order, the SC stated that bulldozer action to destroy someone’s shop or house is an arbitrary exercise of power.
