A contentious phenomenon that has been prevalent in India in recent years is known as “Bulldozer Justice.” Government officials use this practice to punish people by demolishing properties, usually homes or businesses. Significant questions about governance, human rights, and legality have been brought up by this approach. Let’s examine the fundamentals of Bulldozer Justice in India and its ramifications.
What is Bulldozer justice? Why is bulldozer practice?
In this type of justice, the accused’s property is destroyed outright without a judge’s permission. Society is deterred by this type of justice. Several cases of bulldozer justice have been reported recently throughout India, including the destruction of Vikas Dubey and Atiq Ahmad’s property in Uttar Pradesh, the destruction of stores in Madhya Pradesh, and the destruction of actor-turned-politician Kangana Ranaut’s bungalow in Maharashtra.
The bulldozer judicial system may be used to restore public confidence in the legal system, which is said to be weakened by the delays in issuing judicial orders. Additionally, this type of bulldozer justice encourages the efficient application of the law. This type of justice can be used to advance law and order. Only the language of oppression and dire actions is understood by the accused and criminals. Because of their strict and efficient measures, other countries can maintain a low crime rate.
There are also claims that although India’s legal system imposes the harshest penalties, its slow implementation prevents the system from instilling the necessary fear or deterrence in the general public. The need for speed in the justice delivery system is met by this bulldozer justice. Furthermore, this type of justice does not discriminate based on religion or target any specific group within society. It applies equally.
What are the arguments of the state in favour of Bulldozer Justice?
- Creation of Effective Deterrence: State governments argue that “bulldozer action” is a component of a larger plan to keep the peace and discourage criminal activity.
- Fulfilment of Public demand for visible action: Bulldozer justice proponents frequently assert that it is a decisive measure and an efficient way to address the public’s desire for swift, obvious action against offenders.
- Universal and not against specific communities: According to the Indian Solicitor General, no particular minority communities were the target of demolitions in states like Madhya Pradesh. Properties owned by members of different communities, including Hindus, were also included.
- Restoration of law and order: State governments argue that when there is communal violence or widespread unrest, demolishing the illegal properties of those involved helps to restore order and reduce tensions. Regarding the bulldozer action taken by the Haryana government following the Nuh violence.
- Fulfilment of Legal Compliance: Officials from the State Government claim that bulldozer demolitions are done in compliance with current municipal laws and rules that are established for illegal constructions. According to former UP government officials, actions are carried out by following the legal procedures set forth by laws such as the U.P. Urban Planning and Development Act and the U.P. Municipal Corporation Act.
What are the concerns with Bulldozer Justice in India?
- Promotes authoritarianism: Some critics claim that because bulldozer action is used as a form of political retaliation against dissidents or marginalized groups, it represents a concerning shift towards authoritarianism.
- Violation of Fundamental Rights: The right to shelter, which is acknowledged as a component of the right to life, as protected by Article 21 of the Indian Constitution, is violated by the hurried bulldozer justice of demolishing private residences.
- Violation of the Rule of Law: The rule of law and the natural justice principles that guide state actions in a nation are violated when bulldozer demolitions are carried out without due process. For instance, demolitions without giving due notice or exercising the right to counsel.
- Ethical issues: Bulldozer justice violates the separation of powers principle outlined in the constitution and confuses the functions of judge, jury, and executioner. Furthermore, disproportionate punishments meted out to the accused’s innocent family members raise ethical questions.
- Specific targeting of Minorities: Numerous reports draw attention to the way bulldozer demolitions are used to target minority communities, particularly Muslims. For example, according to Amnesty International, 617 people were impacted by the demolition of 128 properties, the majority of which were owned by Muslims, between April and June 2022.
Conclusion
Bulldozer justice in India has generated a lot of discussion and brought up important issues pertaining to human rights, governance, and legal compliance. Critics point out its potential for abuse, rights violations, and the encouragement of authoritarian practices, calling for caution and reform, while supporters contend it acts as a deterrent and restores law and order.
