The article critiques the increasing use of demolition as a punitive measure in India, termed “bulldozer justice,” arguing it fundamentally undermines the rule of law. It highlights how demolitions are often carried out swiftly, without due process – notice, opportunity to be heard, or legal sanction – frequently targeting the properties of individuals accused of crimes, even before conviction.
The author contends this practice bypasses established legal procedures, effectively functioning as extrajudicial punishment. This not only violates principles of natural justice and fair procedure enshrined in the Constitution but also disproportionately impacts marginalized communities, as their homes are often built informally and lack secure tenure.
The article points out the selective application of this “justice,” often linked to religious or political identities of the accused, raising concerns about bias and discrimination. It questions the legality of demolitions carried out based on unproven allegations, emphasizing that property rights are constitutionally protected.
Furthermore, the piece argues that “bulldozer justice” creates a climate of fear and insecurity, encouraging vigilantism and eroding public trust in the legal system. It suggests that such actions normalize the idea that the state can bypass legal norms to deliver swift, visible punishment, setting a dangerous precedent.
The author stresses that while the state has the power to demolish illegal structures, this power must be exercised within the framework of the law, adhering to principles of fairness and proportionality. Demolition should not be used as a tool for collective punishment or to signal majoritarian dominance.
Ultimately, the article warns that the normalization of “bulldozer justice” poses a serious threat to the foundations of India’s constitutional democracy and the rule of law, advocating for a return to established legal processes and respect for due process.
