A bench of Justice BR Gavai and Justice KV Vishwanathan on Monday proposed the making of national guidelines for bulldozer action on the houses of accused and their families. The court frowned upon the government’s practice to demolish the houses of those who are accused and their families. The petitioners submitted that the act of demolition of houses is in violation of the right to a house which is a facet to the right to life under Article 21 of the Indian Constitution.
The court suggested that natural justice and due process is to be followed before any demolitions are carried out. “How can a house be demolished just because he is accused? It cannot be demolished even if he is a convict... A father may have a recalcitrant son, but if the house is demolished on this ground...this is not the way to go about it,” said the bench. The court highlighted that a nationwide unified guidelines is needed not only to address demolition for houses of accused but also when dealing with illegal construction and encroachment. No matter what the case, the due process is to be followed by the bench.
In recent years, the Chief Minister of Uttar Pradesh has been called the “Bulldozer Baba”. His actions were also endorsed by the Prime Minister in his recent election campaign. After these events, several other states have also continued this practice. “These guidelines could establish a uniform legal framework across states, ensuring that any action against properties is grounded in due process and not driven by extrajudicial motives.” said HT.
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