Syllabus: GS2/ Polity and Governance
Context
- The Supreme Court has expressed disapproval over “bulldozer justice” where houses of accused individuals are demolished.
What is ‘bulldozer justice’?
- ‘Bulldozer justice’, also known as bulldozer politics, refers to the practice of using the heavy-duty piece of machinery to demolish houses of alleged criminals, communal violence rioters and accused criminals.
- As part of ‘bulldozer justice’, houses, shops and small establishments have been bulldozed across India, especially in the states of Uttar Pradesh, Delhi, Madhya Pradesh, Gujarat, Assam and Maharashtra.
Supreme Court Ruling
- The Supreme Court stated that no property can be demolished just because the accused is involved in a criminal offense.
- Even if he is a convict, still it can’t be done without following the procedure as prescribed by law.
- The court underscored the importance of due process and natural justice before any demolitions are carried out and expressed the need for nationwide guidelines to address this issue.
Issues with Bulldozer Justice
- Targeting Marginalized Communities: Bulldozer justice disproportionately impacts marginalized and minority communities, perpetuating existing inequalities and social divisions.
- Undermining the Rule of Law: Bulldozer justice bypasses established legal processes, undermining the principles of rule of law and due process, which erode public trust in political institutions.
- Violation of Human Rights: The practice of bulldozer justice often violates basic human rights, including the right to shelter and protection from arbitrary state action.
- The lack of resettlement or compensation for those evicted raises serious ethical concerns.
- Ethical issues: Bulldozer justice conflates the roles of judge, jury, and executioner, leading to unjust outcomes. Punishments should be proportional and directed at the guilty, not innocent family members.
- Psychological Trauma: The sudden and often violent nature of demolitions can cause significant psychological trauma, not just for the individuals directly affected, but for entire communities.
Way Ahead
- Bulldozer Justice creates a culture of fear and retribution, where people are punished without a fair trial in which they can defend themselves.
- This approach is fundamentally at odds with the principles of justice and the rule of law, the ethos India’s founding fathers considered to be an essential component of a civilized democracy.
- In a democratic society, justice should not be about retribution, and punitive measures should be aimed at reforming the guilty.
| What is Retributive justice? – It is a theory of justice that emphasizes punishment as the primary response to wrongdoing. – According to this theory, when someone commits a crime, they deserve to be punished in proportion to the severity of their offense. – The underlying principle is that punishment should be morally appropriate to the crime committed, reflecting a balance between the harm done by the offender and the suffering they are made to endure as a consequence. Challenges with the Retributive Justice – Backward-looking: Unlike other theories of justice that focus on future outcomes (such as deterrence or rehabilitation), it focuses on responding to past wrongdoing. – Harsh Punishments: If not carefully implemented, retributive justice can lead to excessively harsh punishments, especially in cases where the concept of proportionality is not well-defined |
Source: IE
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