Whether ‘bulldozer tactics’ are justified.

The Supreme Court has ruled they are not justified when used as punishment without due process. The law permits demolition only for illegal structures/public encroachments after proper notice, hearing, and legal procedure. Using bulldozers against accused persons or their families as “instant justice” violates the Constitution. 

What the Supreme Court says

Key rulings: Nov 13, 2024 & Sept 17, 2024

Not justified as punishment: “It is unconstitutional to demolish a person’s property without adhering to due process of law, simply on grounds of their alleged involvement in a crime”.

Article 21 & 300A violated: Bulldozer justice breaches right to shelter, life with dignity, and right to property.

Pan-India guidelines issued: Before any demolition, authorities must: 1) Survey & verify encroachment, 2) Give 15-day written notice, 3) Decide objections with speaking order, 4) No demolition if accused/convicted — guilt ≠ ground for razing. Non-compliance = contempt of court.

CJI Chandrachud: “Bulldozer justice is simply unacceptable under the rule of law… Citizens’ voices cannot be throttled by threat of destroying their homes”. 

Exception: Demolitions allowed for unauthorised structures on public roads, footpaths, railway lines, water bodies, or with court orders. 3519

 If not justified, what are system & politicians doing?

System/Government response

Continued demolitions in some states: Despite SC stay from Sept 17, 2024, “glorification, grandstanding and justification of bulldozers” continued. UP, MP, Haryana saw demolitions after communal violence in Jahangirpuri, Nuh, Khargone.

Procedural violations documented: Bombay HC rapped Chhatrapati Sambhajinagar Municipal Corp for razing AIMIM corporator’s house without 15-day notice, calling it “bulldozer culture… This is not UP or Bihar”. Karnataka victims said demolition violated SC guidelines; families homeless 5 months.

Administrative claims: Solicitor General Tushar Mehta argued demolitions target illegal construction, not religion, and affected parties “know constructions were illegal”. 

Political positions

-Supporters: BJP leaders in UP, MP, Haryana endorsed demolitions as “firm response to criminal activity” and “instant justice”. Termed “bulldozer baba” culture, hailing it as deterrence.

Opposition: Congress: “Bulldozer justice is height of barbarism… unacceptable, must stop”. Said repeated targeting of minorities in BJP states “deeply troubling”.

Civil society: Amnesty International: “Big win… unlawful, punitive demolitions mostly targeting Muslims”. Jamiat Ulama-I-Hind filed petition leading to SC guidelines. 

Why it persists: Backlog of 5.5 crore court cases, only 15 judges per million Indians. Pressure for “instant delivery of justice” vs judicial timelines. But SC: “Majoritarian populism cannot be state’s choice”. e369

Public opinion: Survey snapshot

No single national survey, but reports show split:

Support base: Often framed as “tough on crime/encroachment”. Politicians publicly celebrate it; seen as symbol of state firmness.

Opposition/concern: Rights groups call it “collective punishment” violating presumption of innocence. 740,000 people lost homes to state-driven demolitions Jan 2022-Dec 2023. Families rendered homeless, children/women in harsh conditions. 

Rule of Law, Not Rule by Bulldozer’: Supreme Court Draws Red Line on Punitive Demolitions.

Subhead: Pan-India guidelines mandate 15-day notice, hearing; CJI says instant razing ‘unknown to civilised jurisprudence’

The Supreme Court on Nov 13, 2024 declared that demolishing homes of accused persons without due process is unconstitutional, ending what it called “bulldozer justice”. The bench said guilt by accusation cannot invite retribution, and collective punishment of families violates Article 21. 

'Don’t Bring Bulldozer Culture to Maharashtra’: HC Slams Civic Body for Ignoring SC Orders

Aurangabad bench says 3-day notice illegal; family homeless despite plea pending

Bombay HC pulled up Chhatrapati Sambhajinagar Municipal Corp for razing an AIMIM corporator’s house in violation of SC’s 15-day notice rule. “Constructing a house is not easy… Don’t allow bulldozer culture here,” Justice Thombre observed.

Demolition is legal only for proven illegal structures after notice + hearing. As punishment for alleged crimes, SC calls it unconstitutional. Yet ground reports show gaps in compliance, with politics divided between “deterrence” and “rule of law” arguments.