In a significant legal ruling, India’s Supreme Court has declared the controversial practice of “bulldozer justice” illegal. The practice, where authorities demolish the homes of individuals accused of crimes without proper judicial processes, has been widely criticized for its arbitrary nature and violation of due process. However, victims like Afreen Fatima, whose childhood home was demolished in 2022, are questioning the absence of any compensation for their losses.
Afreen’s family, including her father, Javed Mohammad, a local politician, has been directly impacted by this practice. Their two-story house in Prayagraj, Uttar Pradesh, was demolished following his arrest related to a protest that turned violent in June 2022. Despite the lack of any formal charges or a conviction, their home was razed by authorities as part of a broader crackdown on suspected criminals.
The court ruling this week declared the practice illegal, emphasizing that demolitions without a legal order are unconstitutional. The court’s judgment is being hailed as a landmark moment in protecting citizens from unlawful state actions. However, victims like Afreen Fatima are still left without answers regarding compensation for their destroyed homes.
What Does the Court Ruling Say?
The Supreme Court’s ruling is a significant step toward upholding human rights and ensuring due process. The court emphasized that demolishing homes without following proper legal procedures creates a state of lawlessness and undermines the principle of justice.
The ruling also outlines new guidelines for demolitions, requiring authorities to issue a 15-day notice before taking action and provide a clear justification for each demolition. Importantly, officials will be held personally accountable for unlawful demolitions.
Victims Left in Limbo
While the court’s decision marks a victory for those who have faced unlawful demolitions, there is no clear provision for victims to seek compensation for their destroyed homes. For families like Afreen’s, the pain of losing their homes, memories, and possessions is far from over. Afreen Fatima reflects on the emotional impact: “It feels like an adopted space. It’s not the same. I spent most of my life in our old house. There are no memories here.”
Other victims, like Reshma from Udaipur, are also struggling after their homes were demolished in September 2024. For them, the Supreme Court’s ruling feels like a hollow victory. Reshma, who has been living in a small shack with her family after their home was destroyed, demands tangible help, such as financial aid to rebuild their lives.
The Path Forward
While the Supreme Court’s decision is a step forward in preventing such arbitrary actions, legal experts argue that the ruling should also address the need for compensation for victims. CU Singh, a senior Supreme Court lawyer, emphasized that the new guidelines will change how future demolitions are carried out, ensuring legal processes are followed and giving victims a chance to challenge unlawful demolitions in court.
For Afreen Fatima and others, this decision brings some hope, but without financial assistance or the ability to rebuild, the true cost of “bulldozer justice” remains unaddressed.
