Supreme Court of India Raises Concerns Over Selective Demolition Drives
The Supreme Court of India has expressed strong concerns about selective demolition drives, highlighting the potential for malice when specific structures are targeted while others are ignored. The court noted that if a structure is demolished soon after its occupant is involved in a criminal case, it may suggest that the demolition is a form of punishment without a trial.
Guidelines for Demolition
A bench of justices BR Gavai and KV Vishwanathan laid down guidelines for property demolitions. They emphasized that demolishing homes as punishment for alleged crimes violates constitutional rights, as everyone is presumed innocent until proven guilty.
Constitutional Rights and Rule of Law
The court stated that demolishing a house where a family resides, just because one member is accused or convicted of a crime, amounts to collective punishment. This action would be arbitrary and an abuse of the law, violating the principle of the rule of law.
The court also highlighted that even in cases of extreme punishment like the death penalty, there are safeguards and mandatory requirements. Therefore, demolishing property as punishment for an accused or convicted person is not justified.
Right to Shelter
The court underlined the right to shelter as part of Article 21, stating that innocent family members should not be penalized by demolishing their homes. The court emphasized that depriving people of their shelter is unconstitutional and that the rule of law should be considered even in municipal laws.
Doubts Revealed
Supreme Court of India -: The Supreme Court of India is the highest court in the country. It makes important decisions on legal issues and ensures that laws are followed properly.
Selective Demolition Drives -: Selective demolition drives refer to the practice of demolishing certain buildings or structures while leaving others intact. This can be unfair if done without proper reasons.
Malice -: Malice means having bad intentions or wanting to harm someone. In this context, it suggests that demolitions might be done unfairly to target certain people.
Constitutional Rights -: Constitutional rights are the basic rights given to all citizens by the Constitution of India. These include the right to live safely and fairly without being punished without proof.
Presumed Innocent -: Presumed innocent means that everyone is considered not guilty of a crime until it is proven otherwise in a court of law.
Right to Shelter -: The right to shelter means that everyone should have a safe place to live. It is an important part of living a dignified life.
Rule of Law -: The rule of law means that everyone must follow the law, and the law should be applied fairly to everyone, without any bias or favoritism.
Municipal Actions -: Municipal actions are activities or decisions made by local government bodies, like city councils, to manage and organize city services and infrastructure.
