Guidelines To Curb Illegal Demolitions By Supreme Court of India 

Syllabus: GS2/Governance; Judiciary; Government Policies & Interventions

Context

• Recently, the Supreme Court of India laid down comprehensive guidelines to curb demolition of people’s homes and private properties by the government ‘only on the ground that they are accused of a crime’.

Background

• The practice of demolishing properties as a punitive measure has been observed in several states, including Uttar Pradesh, Madhya Pradesh, and Rajasthan. 
• These demolitions have often been justified on grounds of encroachment or unauthorised construction but have raised serious concerns about legality and human rights violations.

Concerns Regarding Illegal Demolition

The illegal demolition of private property is a serious issue that raises several legal and ethical concerns. 

• Violation of Fundamental Rights: Article 21 of the Constitution guarantees the right to life and personal liberty. The right to shelter is considered a part of this right, and illegal demolition can deprive individuals of their homes and basic necessities.
• Violation of Procedural Fairness and Natural Justice: This principle requires fair treatment and unbiased decision-making. Illegal demolitions can violate this principle by not providing affected individuals with a fair hearing.
• Erosion of Rule of Law: Illegal demolitions undermine the rule of law and can lead to a culture of impunity.
• Governance Concerns: Such actions can damage the government’s credibility and erode public trust.
• Displacement and Hardship: Illegal demolitions can lead to displacement, loss of livelihood, and significant financial hardship for affected individuals and families.
• Social Unrest: Such actions can spark protests and social unrest, further destabilizing the situation.

Key Guidelines Issued by the Supreme Court

• 15-Day Notice: A mandatory 15-day notice must be given before demolition to allow for legal challenge.
• Due Process: Demolitions must follow due process, with clear reasons provided by authorities.
• Legal Backing: Demolitions need proper authorization, including court orders where necessary.
• Right to Shelter: Demolitions should not proceed solely based on accusations; the right to shelter under Article 21 is emphasized.
• Right to Challenge: Property owners and tenants can challenge demolition orders during the notice period.
• Accountability: Officials conducting illegal demolitions may face disciplinary actions, contempt charges, and be liable for compensation.
• Personal Hearing: Affected parties are entitled to a personal hearing before finalizing demolition orders.
• Videography Requirement: Demolitions must be recorded for transparency.
• Contempt & Restitution: Violations of guidelines may lead to contempt proceedings and restitution costs for officials.
• Exemptions: Protections don’t apply to unauthorized structures in public spaces or court-ordered demolitions.

Conclusion

• The Supreme Court’s guidelines mark a significant step towards ensuring justice and fairness in the process of demolitions. 
• By mandating a notice period, personal hearings, and videography, the court aims to protect the rights of individuals and prevent arbitrary actions by the authorities. 
• These guidelines also highlight the importance of following due process and respecting the rule of law, setting a precedent for state laws to align with these principles.

Source: IE