Introduction: Need for Pan-India Guidelines on Demolitions

The Supreme Court of India has invited suggestions to frame comprehensive pan-India guidelines on extra-legal demolitions. This follows increasing instances of demolitions carried out without due process, often targeting vulnerable groups, and leaving affected individuals without legal recourse. These demolitions raise concerns about the violation of the right to housing, exacerbating inequality, and marginalizing certain communities. The necessity to re-imagine the legal framework surrounding such demolitions is emphasized to ensure alignment with human rights, constitutional values, and social justice.

The Issue of Illegal and Punitive Demolitions

Over recent years, demolitions of properties of individuals accused of crimes have become increasingly common. These actions, taken without following proper legal procedures, have been carried out under the guise of removing encroachments or unauthorized constructions, often after communal clashes or riots. Examples include the Jahangirpuri demolitions in Delhi, and the post-riot demolitions in Nuh (Haryana) and Khargone (Madhya Pradesh). These demolitions, justified by municipal laws, disregard constitutional due process, as outlined in Supreme Court rulings like Sudama Singh & Ors. vs. Government of Delhi and Ajay Maken & Ors. vs. Union of India.

This arbitrary state action undermines fundamental rights and amplifies oppression against marginalized groups, creating an environment of fear and distrust.

The Dangers of a "Tough on Crime" Approach

Many State governments have adopted a "tough on crime" approach, using demolitions as a form of collective punishment for alleged rioters. This politicization of demolitions as a response to public infrastructure damage, without due legal processes, has become a concerning trend. These actions violate fundamental rights, and the Court''s intervention is seen as crucial to halting such punitive demolitions and ensuring compliance with the rule of law.

Need for a Structured and Phased Process for Demolitions

To address the larger issue of displacement and demolitions, the Supreme Court is tasked with formulating a comprehensive, multidimensional set of guidelines. Demolitions must only occur in exceptional cases, following strict adherence to the law and due process. These guidelines should clearly categorize the types of structures that can be demolished and the specific circumstances under which demolitions can take place. Additionally, understanding patterns of past demolitions will help highlight gaps in existing frameworks.

Phase 1: Pre-Demolition Process

In the pre-demolition phase, the burden of proof should shift from affected individuals to the authorities. The authorities must demonstrate why demolition is the only option and how the human rights of affected persons are protected. A reasoned notice should be widely publicized, allowing enough time for affected parties to seek legal advice and respond. An independent committee should review large-scale demolitions and offer technical assistance. Vulnerable groups must be given special consideration, and a minimum notice period of one month should be provided before any demolition

Phase 2: During Demolition Process

During the demolition phase, force should be minimized, and the use of heavy machinery, such as bulldozers, should be avoided. Government officials not involved in the demolition process should be present to oversee actions, and any surprise demolitions should be punishable. The demolition should be pre-planned and executed transparently.

Phase 3: Post-Demolition and Rehabilitation

After demolitions, affected persons must be provided with adequate rehabilitation to prevent homelessness. A grievance redress mechanism should be in place to allow affected persons to challenge demolition decisions. Remedies, including compensation, restitution, or return to original homes, must be incorporated into the legal framework to safeguard the rights of the displaced.

 Affixing Personal Liability for Illegal Demolitions

One of the significant issues with demolitions in India is the impunity given to officials through "good faith" clauses in municipal laws, which shield them from judicial action. The new guidelines should address this by holding officials personally accountable for illegal demolitions. Additionally, proper sensitization of law enforcement to existing legal directives is necessary to ensure lawful and just conduct in all future demolition cases.

 Conclusion: Towards a Just and Lawful Approach

The formulation of pan-India guidelines by the Supreme Court is an essential step toward regulating demolitions and ensuring they are carried out only within the bounds of law and justice. These guidelines will help prevent arbitrary and oppressive state actions and protect vulnerable communities, ensuring that the right to housing and due process are upheld.