India's top court has said authorities cannot demolish houses just because a person has been accused of a crime and has laid down strict guidelines for such action.
The move follows a series of calls for action against authorities using demolition as a punitive measure against those accused or convicted of crimes.
“The executive (government) cannot become judge and demolish properties. The frightening sight of a bulldozer demolishing a building is a reminder of anarchy where might was right,” the Supreme Court said on Wednesday.
He also ordered authorities to give the affected person sufficient time to challenge the order or vacate the property.
The move comes against the backdrop of a series of cases where authorities in states, particularly those ruled by the Bharatiya Janata Party (BJP), have used demolition as a tool to punish those accused of crimes.
The reason given is illegal construction, but experts have questioned the logic and say there is no legal justification for it.
If among the victims are Hindu families, opposition leaders and several activists say that the action mainly targets Muslims, particularly after religious violence or demonstrations.
The BJP denies the allegations and the chief ministers of these states have linked the demolitions to their tough stance on crime.
During Wednesday's hearing, the Supreme Court criticized this practice with strong words.
“Such authoritarian and arbitrary actions have no place in a constitutional democracy,” he said, adding that officials “who took the law into their hands” should be held accountable.
The court then issued guidelines requiring authorities to give 15 days' notice to an occupier before the alleged illegal property is demolished.
The notice must explain the reasons for the demolition. If the accused does not respond to the notice within 15 days, the authorities can continue the action but they will be required to film the process, the court said.
He also warned that violation of these guidelines would amount to contempt of court.
The court sharply criticized the extrajudicial demolitions throughout the trial.
Earlier this month, she observed that the demolition of properties simply because someone was accused of a crime was “simply unacceptable under the rule of law”.
He also observed that the threat of demolition could not silence the voices of citizens.
Although the Supreme Court's guidelines can be seen as a positive step in preventing such demolitions from becoming the norm, observers stress that implementing the order would be essential to ensure that this practice ceases.
Leading human rights platform Amnesty International India welcomed the decision, saying that although it came late, it is a welcome step in respecting the rights of the people.
“This is a major victory to end the deeply unjust, widespread, illegal and punitive demolitions, primarily targeting the minority Muslim community, by Indian authorities, which have often been portrayed as 'bulldozer justice' by the political leaders and media of the ruling party,” the statement said. the organization said in a statement.
