End to Targeted Demolitions

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The Supreme Court has set guidelines to prevent arbitrary and targeted demolitions without due process.

The Supreme Court of India has intervened to stop the use of demolitions as a punitive measure against alleged offenders without following due process. Demolitions, often seen as a symbol of collective punishment, were carried out in areas experiencing communal tensions, targeting properties linked to accused individuals. Recognizing the violation of the rule of law and the right to shelter, the Court has issued enforceable guidelines to prevent arbitrary demolitions. These guidelines require a 15-day notice to be served via registered post, detailing violations and grounds for action. Additionally, authorities must conduct a personal hearing, provide a reasoned order, and file an inspection report signed by witnesses. A digital portal will be set up within three months for transparency, where notices, replies, and orders will be uploaded.

The Court aims to prevent officials from backdating notices to justify demolitions and holds them accountable for any violations. Essential demolitions of public encroachments, such as on water bodies, railways, and public spaces, are exempted from this process. The guidelines ensure local authorities follow lawful procedures, thereby reducing the chances of discriminatory and community-targeted demolitions.