Compensation for Criminally Bulldozing, But why No Criminal charges pressed?

In a landmark ruling, a two-member Bench of the Supreme Court, comprising Justices BR Gavai and KV Viswanathan, has condemned the misuse of bulldozers as a tool for “justice” in many large and small states. For too long, political leaders — particularly from the ruling BJP — have hailed “Bulldozer Raj” as a badge of honour, portraying it as a decisive, zero-tolerance policy against supposed lawlessness. However, beneath the veneer of toughness lies a reality that is far from lawful. Thousands of homes, often belonging to members of a specific community, have been razed in Uttar Pradesh, Haryana, Delhi, Madhya Pradesh, Rajasthan, and Assam, under the guise of swift justice.

The apex court’s verdict cuts through this performative governance, declaring the use of bulldozers in such cases as flat-out illegal. No government official can simply wield this machine as an instrument of retribution. Instead, the Bench has underscored that any demolition should follow due process, beginning with a minimum 15-day notice period. Importantly, the ruling emphasises that even if someone is accused of wrongdoing — like pelting stones — bulldozing their home inflicts harm not only on them but on innocent family members as well. Collective punishment, the court warns, might be a relic of colonial rule, but it has no place in a democracy that values the rule of law. The Bench has gone further, invoking for the first time a doctrine of compensation for those who have lost their homes to politically motivated demolitions. Officials who ordered these demolitions are to be held personally liable, a powerful reminder that justice is not served through brute force. This decision, if enforced, could provide a modicum of hope for the hundreds of families in places like Nuh, Haryana, who were displaced following what many allege was orchestrated violence. However, if the actions by officials were outright “illegal”, why just compensation, why no criminal prosecution is pursued against officials for causing criminal damage to victims’ properties.

Yet, the path forward is murky. Despite the clarity of the Court’s ruling, those impacted by these demolitions may struggle to claim the compensation they are owed, lacking the means to navigate lengthy legal battles. And then there’s the question of political will. Will low-level officials truly feel empowered to resist directives from their superiors, especially in states where “Bulldozer Justice” is viewed as politically profitable? Until the rule of law is honoured not just in theory but in practice, India’s democracy risks becoming a playground for the powerful, where “justice” comes at the price of bulldozed homes and shattered lives It is now up to the local body authorities to both adhere to the guidelines and ensure compliance, leaving little scope for politically motivated and communally targeted demolitions.

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