Relevance: GS Paper II (Polity & Governance: Fundamental Rights) | GS Paper IV (Ethics)

Source: The Hindu

1. The News: What is “Bulldozer Justice”?

In recent years, some state governments have started using bulldozers to demolish the houses or shops of people accused of serious crimes (like rioting or gang violence).

While the government often says these buildings were “illegal constructions,” the demolitions usually happen immediately after a police complaint (FIR). This has led to a big debate: Is this a way to provide “fast justice,” or is the government breaking the law itself?

2. Why is this a Problem? (Legal Concerns)

The courts have raised several “red flags” about this practice:

• No “Due Process”: Under Article 21 of our Constitution, the government cannot take away someone’s home without following a proper legal path. Demolishing a house without a proper notice or a chance for the owner to explain is a violation of this right.
• Innocent Until Proven Guilty: In India, a person is considered innocent until a Court proves them guilty. By demolishing a house before a trial, the government is acting as both the “Police” and the “Judge.”
• Collective Punishment: A house belongs to a whole family—including children, women, and the elderly. Punishing them for the mistake of one relative is considered unfair and cruel.
• Separation of Powers: The job of the Government (Executive) is to maintain order, and the job of the Courts (Judiciary) is to give punishment. When the government decides to punish someone by breaking their house, it crosses its boundary.

3. What has the Supreme Court said?

The Supreme Court (2024) has laid down clear rules to stop the misuse of power:

1. Accusation is not a Ground: A house cannot be broken just because someone is an “accused” or even a “criminal.”
2. Proper Notice is a Must: Authorities must give a written notice (usually 15 days) and listen to the owner’s side before taking any action.
3. Right to Appeal: The owner must be given time to go to court to challenge the demolition order.

Important Terms Simplified

1. Rule of Law: The idea that the law is the boss, not the officials. Everyone must follow the same set of rules.
2. Due Process: The legal steps that the government must follow before taking away someone’s rights or property.
3. Separation of Powers: Dividing the government’s work so that one branch (like the Police) doesn’t have all the power to judge and punish.

UPSC Value Box

The Key Lesson:  Enforcing building laws is a regular duty, but using a bulldozer as a “punishment tool” creates a Police State instead of a Democratic State.

Summary

“Bulldozer Justice” may be popular with some for being “fast,” but it bypasses the courts and hurts innocent family members. The Judiciary has made it clear: the government must follow the law even when dealing with criminals. True justice comes from a fair trial, not a fast machine.

One Line Wrap: Justice should be done through the “scales of law,” not the “blades of a bulldozer.”

“The practice of ‘Bulldozer Justice’ challenges the principle of ‘Separation of Powers’ and ‘Due Process’ in India.” Discuss. (10 Marks, 150 Words)

Model Hints

• Intro: Define “Bulldozer Justice” and mention that the Supreme Court has ruled it is not a legal way to punish an accused person.
• Body: * Explain how it violates Article 21 (Right to Shelter).
  • Discuss how the Executive is taking over the Judiciary’s job of punishing people.
  • Mention the ethical problem of Collective Punishment (hitting the whole family).
• Conclusion: Conclude that for a healthy democracy, the Rule of Law must be protected over “instant” measures.