In brief
Experts hope this landmark decision will protect minority rights and curb the further escalation of discrimination.
In a landmark decision on Wednesday, India's Supreme Court condemned the practice known as "bulldozer justice"—the state-driven demolition of properties, predominantly affecting the Muslim community. This practice has escalated in recent years, especially in regions governed by Prime Minister Narendra Modi’s Hindu-nationalist party. Authorities have often invoked claims of illegal construction to justify swift demolitions following communal clashes or dissent, bypassing legal proceedings. The ruling criticized this form of punishment as a vestige of lawlessness, stressing that the executive branch cannot assume judicial power to deem individuals guilty and enact retaliatory measures. The court remarked, “Might should not dictate justice.” A notable instance occurred last summer in Haryana, where state officials razed the homes and businesses of Nuh’s residents, primarily targeting the Muslim community after a violent incident sparked by a hardline Hindu faction's religious procession. While the court's decision was met with applause from human rights advocates, there are lingering doubts about its practical effects on curtailing such demolitions that have become alarmingly routine in India. The bulldozer has emerged as a political emblem, particularly in Uttar Pradesh where Chief Minister Yogi Adityanath, often referred to as "Bulldozer Baba," uses it to galvanize voter support. However, advocates express hope that the ruling represents a pivot against the systemic discrimination Muslims face in India. Agnès Callamard, the secretary-general of Amnesty International, stated, “This judgment must deter campaigns of hate and violence…” Miloon Kothari, an ex-UN rapporteur focused on housing rights, emphasized that these demolitions threaten essential rights, impacting education, health, and economic stability. "People are set back by a whole generation due to these actions," he warned, expressing hope that the court's guidelines will be adhered to in practice.
