Mr. Joy Makhal, B.A. L.L.B. (Hons.), Department of Law, St. Xavier’s University, Kolkata, West Bengal
ABSTRACT
With increasing instances of government authorities razing down the alleged illegal properties of rioters, vandals, stone pelters, protestors, minorities and crime accused, a term emerged among the popular media called ‘Bulldozer Justice’. It refers to the instant justice mechanism that is propagated by the government of various states to punish the alleged rioters and protestors by razing down their houses, stalls or any construction with the use of JCB. Supporters of this system view it as an act of deterrence to prevent others from participating in unlawful activities. They accept it as a system of giving instant justice as opposed to the slow process of judiciary. Many officials of the government claimed that the demolitions had nothing to do with riots as it was an anti-encroachment drive carried out with established procedure. Critics however point out to the timing and place of such demolitions as they are done wherever and whenever a riot or protest had occurred and the properties razed usually belonged to alleged perpetrators. They also argue that bulldozing alleged illegal properties of crime accused without serving notice is a violation of the rule of law. Moreover, the guilt of the accused must be proved before a court of law and the punishment should be given by the judiciary and not by executive action. Retired civil servants, former judges, politicians, activists, journalists and public intellectuals condemned the gross violation of law, human rights and the principles of natural justice. The demolitions have been labeled as “collective extra-judicial punishment”, “gang war” and “kangaroo court.” They strongly opine that bulldozing properties not only renders the accused homeless but also their family members who reside in it; one does not punish the other family members for a crime committed by one of them. The bulldozing of properties had been challenged in the courts as being illegal. There are series of arguments and counter arguments whether or not the due process of law was followed in the demolition drives. This paper will be analyzing the various facts and circumstances leading to the bulldozing of properties and the various laws and judicial precedents guiding such demolitions. It will make use of judicial precedents and jurisprudential principles in the process of attempting to find the position of Bulldozer Justice in India with respect to the rule of law in the country.
Keywords: Bulldozer Justice; instant justice; deterrence; demolitions; rule of law; human rights; natural justice; fundamental rights; rehabilitation; collective punishment;
