Bulldozing Justice: Erosion of the Rule amid Rampant State – Sanctioned Demolitions

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Uttiya Basu, Charu Maheshwari, Gopal Kag, Gaurav Gupta, Anurag Sharma, Rakhi Pande

Abstract

Particularly among minority groups, the concept of "bulldozer justice" has become controversial in India in recent years as a means of handling people accused of rioting, vandalism, stone pelting, or other criminal activities.  This practice involves the destruction of properties connected to people claimed to be involved in criminal activity, usually defined as an immediate justice mechanism approved by different state governments. It acts to punish alleged rioters, protesters, or offenders by means of aggressive demolition of their homes, businesses, or any other building.  Many times, this is done without following the necessary legal processes.  Though intended to be a quick response to illegal activity, bulldozer justice raises many issues regarding its conformity with accepted moral and legal norms.  Some see it as a way to avoid engaging in illegal activity and as a tool for delivering quick justice instead of the drawn-out process of the court system.  Although it might follow legal procedures, it essentially avoids important judicial principles including the right to a fair trial, and basic rights ingrained in the Constitution of India, so undermining the integrity of the rule of law.  This method raises ethical questions about collective punishment, the unequal effects on underprivileged populations, and the possibility of power being taken or used by those in authority.  Still, a lot of people claim that destroying houses not only moves the accused but also influences their family members who share the same house. They argue that the relatives should not pay for the mistakes of one person.  Many times, the destruction of homes has come under legal challenges based on illegality.  Although some people believe that bulldozer justice is a deterrent, others argue that these kinds of actions compromise civil rights, underline the very foundations of the justice system, and compromise the integrity of the court.  This paper will closely review the several facts and cases that lead to the destruction of houses.  Emphasizing its effects on justice and human rights, an investigation of the implications of bulldozer justice on the legal and ethical framework in India.

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