What's next after India outlaws 'bulldozer justice?'

Ali Sahud is a mechanic from India's northern Haryana state. In August 2023, bulldozers thundered through his predominantly Muslim neighborhood of the town of Nuh and removed or demolished houses, stalls and kiosks, around 30 shops and a four-storey hotel.

The official reason given was to clear illegal construction. However, the demolitions followed communal violence that had flared up between Hindus and Muslims a month earlier.

In what has been termed " bulldozer justice" in India, Muslims say homes and businesses are being destroyed in the wake of communal conflicts and political dissent under the pretext of illegal construction or encroachment. Many of the incidents have been reported in states governed by the ruling Hindu nationalist Bharatiya Janata Party (BJP).

"My tin shed workshop was destroyed in a flash and it was a tough time for many families here. Nobody was given time, and we were helpless because of a curfew imposed," Sahud told DW. 

A similar demolition drive took place in New Delhi's Jahangirpuri area, which is home to a large Muslim population, following communal violence in April 2022.

The demolitions took place on the same street as a mosque and temple complex, days after a clash at the mosque. The BJP-run local civic body claimed the drive was to clear illegal constructions. 

"The process of rebuilding lives and livelihoods is painful and nobody can understand what we went through," Fatima Begum, a housewife who lost her kiosk, told DW. 

Demolitions 'violate rule of law'

However, last week, India's Supreme Court ruled that the government could not order the demolition of property belonging to people accused of crimes without allowing for due judicial process.  

It also laid down guidelines, including issuing prior notice and taking a video of the demolition process.  

The ruling directed that no demolitions should take place without a 15-day notice to the property owner, which must be served by registered post and fixed on the property. 

"The executive cannot become a judge and demolish properties. The chilling sight of a bulldozer demolishing a building reminds one of lawlessness where might was right," the court said, adding that such demolitions "would strike at the basic principle of rule of law and is not permissible." 

Petitions against the bulldozing were filed by a group of individuals and civil rights organizations, including the Muslim cleric's body Jamiat Ulama-e-Hind (JUH), which raised concerns about due process and the potential violation of human rights. 

Over the past few years in states run by the BJP, including Madhya Pradesh, Haryana, Uttar Pradesh, and Assam, properties linked to individuals accused of various crimes have been demolished particularly during communal riots. 

Critics and legal experts argue that this practice disproportionately affects minorities, especially Muslims, leading to allegations of targeted state action against specific communities.  

"If the matter were decided earlier, it would have saved many people their homes, which were illegally demolished by the state," Supreme Court lawyer Shahrukh Alam told DW. 

Hundreds of thousands displaced by demolitions

According to a report entitled "Forced Evictions in India 2022 and 2023" issued by the advocacy group Housing and Land Rights Network (HLRN), more than 153,000 homes have been demolished by various state governments in India, displacing about 738,000 people in 2022 and 2023.

The report noted that in nearly all the documented cases of forced eviction, state authorities had not followed due process.

Another report by human rights group Amnesty International analyzed the punitive demolitions of 128 properties in the states of Assam, Delhi, Gujarat, Madhya Pradesh, and Uttar Pradesh following episodes of communal violence and protests between April and June 2022. 

It found that targeted demolitions had been instigated by senior political leaders and government officials and had affected at least 617 people.

"Almost two years later, Muslim families and business owners in the five states await compensation for losing their homes, businesses and places of worship," the report said. 

Will the ruling be enforced?

Sarim Naved, a lawyer for the JUH, told DW that the judgment had sent a clear message regarding the rule of law and the danger posed by the government seeking to act as judge, jury, and executioner.

He said that whether the ruling would succeed in safeguarding minority rights would depend on vigilant enforcement and a commitment to upholding democratic principles.

This will largely depend on how it is received by local governments and whether it translates into tangible protections for vulnerable communities.  

"It is too early to say how these guidelines will affect the political landscape. As you know, the court issued an interim stay on such demolitions two months ago and yet after that, certain BJP ruled states carried out demolitions," said Naved.  

"After such an unambiguous pronouncement of the law, in case there is any misadventure by any state government, punishment for contempt would undoubtedly be imposed upon those government ministers and officers who violate these guidelines," he added.

Authorities riding bulldozers raze Muslim-owned shops in New Delhi Authorities riding bulldozers raze Muslim-owned shops in New Delhi 

Civil society groups argue that bulldozers have evolved as a Hindu-nationalist symbol and, after mob-lynching, they have become another weapon of state repression targeting minority groups such as Muslims.

Alam argues that legal guidelines were issued to regional officials aimed at stemming hate speech and lynching. However, officials were not made "personally liable" in cases of non-compliance.

"The hate speech directions and the lynching guidelines are followed only inconsistently," said Alam.