India’s top court denounces demolitions of illegal properties, issues guidelines

Last Updated on November 16, 2024 5:11 am

The verdict came in response to many petitions filed after demolitions in states ruled by Prime Minister Narendra Modi’s Hindu nationalist Bharatiya Janata Party (BJP) in recent years.

India’s Supreme Court on Wednesday strongly criticised states which were demolishing properties of suspected criminals, a practise critics say targets mostly minority Muslims, and issued guidelines to authorities.

The verdict came in response to many petitions filed after demolitions in states ruled by Prime Minister Narendra Modi’s Hindu nationalist Bharatiya Janata Party (BJP) in recent years.

BJP governments in the states have torn down what they say are illegal houses or shops of people accused of crimes, many of them Muslims, in what has come to be popularly known as “instant, bulldozer justice”.

Rights groups and opposition parties have denounced the practice, saying it targets mostly poor Muslims while circumventing the judicial process.

BJP governments have rejected the accusations and said such properties were in violation of local laws and the owners had been served notices.

On Wednesday, a two-judge bench of the Supreme Court ruled that the state and its officials cannot take arbitrary action against suspects or convicts without following the due process of law.

It also laid down guidelines, including issuing prior notice and taking a video of the demolition process.

“It is not a happy sight to see women, children and aged persons dragged to the streets overnight. Heavens would not fall on the authorities if they hold their hands for some period,” the court said.

There was no immediate reaction to the verdict from the BJP.