Supreme Court of India’s Call for Guidelines on Extra-legal Demolitions

• The Supreme Court of India has called for guidelines on extra-legal demolitions in India, following instances where houses and buildings of individuals accused of crimes are razed without due process.
• These demolitions target vulnerable groups and often leave them without legal recourse.
• The selective, arbitrary state action renders the right to housing meaningless, leading to inequality, social conflict, and segregation.
• The need for guidelines and re-imagining the existing legal framework is emphasized due to human rights, constitutional values, and social justice.

The Legality of Punitive Demolitions

• Large-scale demolition drives as a collective punishment for rioters are becoming rampant.
• The demolition is justified under municipal laws either on account of action against encroachment or under the pretext of unauthorised construction.
• The ‘tough on crime’ or ‘eye for an eye’ approach has escalated to become a political brand for several State governments.
• Treating demolitions as a fair response to public infrastructure destruction undermines existing processes envisaged under criminal laws and constitutes a gross violation of fundamental rights.

Due Process in Legitimate Demolitions

• The issue of displacement of persons for varied reasons has long been a cause of concern.
• The Supreme Court’s task is to formulate pan-India guidelines that look at the issue through a multidimensional lens.
• The law must accurately classify the types of buildings or constructions that can be brought down by state actions and the surrounding circumstances that need to be assessed before any action is taken.
• Data on demolitions should be analyzed to identify clear patterns and better understand the existing gaps and deficiencies in the process.

Pre-Demolition Phase in India
• Shift burden of proof from affected person to authority to justify demolition and displacement.
• Publicize a reasoned notice for demolition, including land records and resettlement plans.
• Appoint an independent committee to review the demolition and provide technical assistance.
• Engage affected parties in discussions about alternative housing options and compensation.
• Address needs of vulnerable groups like children, the elderly, and disabled persons.
• Provide a minimum period between notice to demolish and execution.

Demolition Phase
• Minimize use of physical force and heavy machinery.
• Require presence of non-authority government officials.
• Pre-decide demolition time and punish surprise demolitions.

Rehabilitation Phase
• Provide adequate temporary or permanent rehabilitation to prevent homelessness.
• Establish a grievance redress mechanism under every law.
• Provide remedies such as compensation, restitutions, and return to original home.

Affixing Personal Liability
• Address lack of due process and disregard for past judiciary directives.
• Sensitize law enforcement personnel to follow existing directives.
• Explore avenues to affix personal liability on those ordering forced evictions and demolitions.