Supreme Court Outlaws 'Bulldozer Justice' in India: A New Dawn or Just a Band-Aid?

Following a landmark ruling by India's Supreme Court banning "bulldozer justice," which allowed the swift demolition of homes based on accusations rather than lawful processes, victims like Afreen Fatima still seek compensation and acknowledgment for their losses. As the state is held accountable, the future remains uncertain for many families who have lost everything.

In a pivotal moment for India's justice system, the Supreme Court has officially banned the controversial practice known as "bulldozer justice," which allowed authorities to demolish the homes of individuals accused of crimes without due process. This ruling comes in the wake of growing concerns regarding the fairness of such demolitions, particularly targeting marginalized communities, especially Muslims.

Among the most affected is Afreen Fatima, an activist from Prayagraj, whose childhood home was demolished overnight in the summer of 2022. Her father, Javed Mohammad, a local politician, was arrested and accused of being the "key conspirator" of a violent protest, a charge he adamantly denies and for which he has never been convicted. The Fatima family now grapples with the painful loss of their home, not just in terms of physical space but also the irreplaceable memories that were engulfed in rubble.

The Supreme Court's ruling, announced on Wednesday, was hailed by many as a turning point in curbing the abusive practice that had prevailed under Prime Minister Narendra Modi's Bharatiya Janata Party (BJP). Critics have long argued that these demolitions disproportionately targeted Muslims under the guise of illegal construction, an assertion the BJP vehemently refutes. As the court condemned these actions as reminiscent of a “lawless state,” it introduced guidelines requiring officials to provide at least 15 days' notice before demolitions and to be accountable for unjust actions.

Rights advocates and legal experts have widely praised the ruling. They believe it signifies the judiciary’s intent to uphold civil rights and ensure that punishment fits the crime, rather than punishing individuals based on unproven allegations. However, the absence of provisions for compensation or restitution for those already affected leaves a lingering question: what recourse do victims like Afreen Fatima have after suffering such losses?

Despite the court's decision, many families find themselves in desperate situations with little hope for recovery. Reshma, a daily wage worker from Rajasthan, echoes the sentiment of hopelessness felt by many. Her home was demolished following a tragic incident involving her younger brother, leaving her family homeless. For her, the recent court ruling feels hollow without tangible assistance to rebuild their lives.

The Fatima family has pursued legal avenues to challenge the demolition but has found the process agonizingly slow. While the order represents a fork in the road for future cases, Afreen remains skeptical about its immediate impact. In the meantime, her father, ever the optimist, gazes toward the future, focusing on rebuilding their lives and homes.

As the debris settles and plans to renovate are set into motion, they hold on to hope that this landmark ruling will lead not just to justice for those still facing potential bulldozings but to restitution for those who have already lost their homes. The path toward healing may be long and fraught with obstacles, yet families like the Fatimas remind us of the resilience of the human spirit in the face of adversity.