Supreme Court Opposes Demolitions Linked Solely to Criminal Accusations

INTRODUCTION

In a recent judgment that ought to be followed, the Supreme Court of India, the highest court of law has in recent time declared that demolitions as a result of criminal offenses are unlawful. On procedural fairness and due process as with regards to the provision of the law the court reiterated that punitive actions that include demolition should not be undertaken based on an allegation without ample legal justification. This decision is considered as one of the major prerequisites in enhancement of the constitutional freedoms and rights of the citizens and non-use of power by authorities. It also defines the role of the judiciary as far as protection of basic rights and legalities of the actions of the executives are concerned.

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BACKGROUND

Contemporary societies are constructing wanting buildings and the question of demolition associated with criminal allegations has been observed in the social context especially in communal clashes or protests. Many state governments have taken a practice trying will properties of those persons involved in criminal activities like riots or other disturbances that their properties are demolished. Many of these actions have been rationalized on account of the existence of encroachment or unauthorized structures. However, critics have complained that such demolitions are unlawful means of punishment which bears no relationship to natural justice and right to a fair hearing.

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The issue reached the climax after several cases from different parts of the country, where houses belonging to persons alleged to have participated in the protests were brought down without observing the legal processes involved. These incidents attracted the fury of civil society organizations, lawyers and human rights activists who described the conduct as unconstitutional and discriminatory. With such cases, people went to the Supreme Court for a hearing of the permissibility of such demolitions, which prompted the recent Supreme Court intercession.

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KEY ASPECTS

1.Reaffirmation of Due Process: The majorities of the rulings of the Supreme Court are geared towards the provision of the principles of natural justice before any punitive action such as demolition is initiated. The court pointed out that the formulation of demolition cannot be used as an extra-judicial tool for quick justice, as well as for the infliction of the damages accused of a particular case. The ruling reiterates, for instance, that any time one seeks to alter the status of another person’s property this must be through legal means that has to involve issuing of notices, holding of hearings, and affording any party the right to appeal.

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2. Protection of Constitutional Rights: The judgment underlines the constitutional provisions regarding right of equality contained in Article 14 of the Constitution, the right to life and personal liberty in Article 21 and the right to acquire, hold and dispose of property in Article 300A of the Constitution of India. It noted that bulldozers conducted out in a non-violation of the above-stated constitutional provisions infringe on them and result in arbitrary and discriminating state actions. The main point which can be gleaned from the ruling makes it clear that in any case, the state action which is taken must not be arbitrary, unfair and unreasonable.

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3.Critique of Misuse of Executive Power: The decision of the Supreme Court also concerns threats that accumulated by state authorities, their increased role in exercising the powers of the chief executive. The court also noted that demolitions which are used as punitive actions in accordance with the criminal accusations made were considered as use of brute force. It further emphasized that the executive has to act according to the law and cannot arrogate to himself the role of subverting the law to accomplish certain objectives. It also comes as a reminder to state authorities to desist from the use of demolitions as extrajudicial measures.

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4.Impact on Communal Harmony and Social Justice:?It also took into account issues of social justice and the impact such demolitions have on the society especially in terms of inter communal relations. This said that profiling the properties of the individuals owing to their supposed complicity in criminal activities deepen the cleavage of communities. This decision also instructs state authorities to be rational and cautious in their operations with a view of not exacerbating tendencies that may be considered to be socially vices or injustices.

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5.Directions for Future Actions: This led to the direction in the future demolition cases by the Supreme Court of India as mentioned in the subsequent part of this write up. It directed the state governments to see to it that any structural dismantling activity is done after following due legal process which include serving notices, holding hearings and taking appeals. They also ordered that no demolition should be implemented as a punitive measure while the demolitions should strictly observe the provisions of the law. Furthermore, the court sought for enactment of policies that can be used to guide the conduct of authorities in such a matter as this in order not to repeat the violation of power.

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CONCLUSION

The recent stand taken by the honorable Supreme Court to come against the demolitions based purely on criminal charges is a strong beginning towards the protection of one’s due process and rights in India. Thus, this decision emphasizes the need for legal processes and protection from the abuse of governmental authority when it comes to state action not to violate people’s rights or cause social disorder. In this reduction of punitive demolitions, the court has shown a willingness to listen and encourage elements of fairness, proportionality, legal responsibility and equity, which are intrinsically linked to justice and equalities in multicultural society.

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WRITTEN BY: PAYAL DEVNANI