Why does ‘bulldozer justice’ continue in spite of the Supreme Court ruling it illegal in November?

“Very disturbing and depressing”: that is how the arbitrary demolition of the homes and properties of persons accused of offences by state authorities was characterised by Justice Ujjal Bhuyan of the Supreme Court at a public event on March 22.

“According to me, using a bulldozer to demolish a property is like running a bulldozer over the Constitution,” Bhyuan contended. “It is a negation of the very concept of rule of law and if not checked, would destroy the very edifice of our justice delivery system.”

His observations came four months after extra-judicial demolitions had been declared illegal by a Supreme Court bench of Justices BR Gavai and KV Viswanathan. The judgement provided detailed guidelines for municipal authorities to follow when demolishing any property. It fixed personal responsibility on the officials carrying out such actions.

Yet, since the judgement, the arbitrary demolition of homes of people accused of crimes – a practice popularly hailed in some quarters as “bulldozer justice” – has continued. When such instances have been brought up before the Supreme Court, it has on some occasions asked the victims to approach the High Court. In other cases, it has issued notice or stayed the demolitions.

Supreme Court’s directives

Though Indian law does not permit properties to be demolished as a punitive...

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