The Supreme Court of India has issued stringent guidelines concerning the use of bulldozer actions on properties, categorically stating that the homes of accused or convicts cannot be demolished under any circumstances. The Court emphasized that arbitrary actions by state authorities will not be tolerated and that no one can be declared guilty without a proper hearing.
In a firm directive, the Court outlined that the scope of the matter is limited to whether properties of individuals accused or convicted of crimes can be demolished. It reiterated that a home represents more than just property; it symbolizes a family’s collective hope for security.
Key points from the Supreme Court’s guidelines include:
– Homes cannot be demolished simply because an individual is accused of a crime. The state cannot engage in arbitrary actions against the accused or convicted.
– Bulldozer actions are akin to collective punishment, which is not permitted under the Constitution.
– No individual can be deemed guilty without a fair trial.
– Authorities must consider fairness under the rule of law and legal order.
– The rule of law does not allow for arbitrary discretion, and selective demolition raises concerns about the abuse of power.
– Even convicts are afforded protections under criminal law; the rule of law cannot be disregarded.
– Civil rights and freedoms in a constitutional democracy must be protected.
The Court also specified procedural requirements:
– Properties can only be demolished if they obstruct public roads, railways, or water bodies and only after following due process.
– Only unauthorized structures that cannot be regularized are subject to demolition.
– If a building is demolished illegally, officials may face contempt charges and may be required to pay damages.
– A digital portal should be established within three months, displaying notices and dates of hearings in public places.
– A detailed spot report must be prepared when unauthorized structures are demolished, including video recordings by police and officials, which should be published on the portal.
– Authorities violating these guidelines will be held accountable for the restoration of properties.
These guidelines come as a significant development, ensuring that the demolition of properties is carried out legally and justly, reflecting the Court’s commitment to upholding the rule of law and protecting civil liberties.
