New Delhi- The All India Lawyers Association for Justice (AILAJ) has urgently petitioned the judiciary, requesting the registration of a suo motu case against the increasing trend of punitive demolitions, often referred to as "bulldozer (in)justice." These demolitions, primarily targeting the homes of marginalized communities specially Muslim citizens, have raised serious concerns over the violation of constitutional rights and the rule of law.

AILAJ proposes that the Supreme Court should issue interim orders, take cognizance of the situation, and monitor compliance with the Constitution.

The most recent case cited by AILAJ occurred on August 22, 2024, in Chhatarpur, Madhya Pradesh. Authorities demolished the home of Haji Shehzad, a Congress leader, allegedly in retaliation for incidents of stone-pelting at the police. The stone-pelting was reported during a protest at the Kotwali police station, where people had gathered to demand action against Ramgiri Maharaj for making derogatory comments about Prophet Mohammad and Islam. Following the incident, several arrests were made, and preparations were reported for demolishing 30 more houses in Chhatarpur.

This is not an isolated case in Madhya Pradesh. A similar incident occurred in April 2022, when state authorities demolished numerous homes and businesses belonging to Muslims after communal clashes during Ram Navami. Despite numerous victims approaching the High Court, these cases remain pending without hearings.

On August 17, 2024, another incident took place in Udaipur, Rajasthan, where the house of Rashid Khan was demolished. The demolition occurred just a day after the son of his tenant allegedly stabbed a classmate, highlighting the punitive nature of the action.

Pattern of Systemic Injustice

AILAJ emphasizes that these demolitions follow a disturbing pattern across several states. Legal scholar Gautham Bhatia, in his article "Responding to Illegal Home Demolitions: The Doctrine of an Unconstitutional State of Affairs," describes a typical sequence: A protest turns violent, the police swiftly identify "masterminds," and within 24 hours, local authorities declare the identified individuals’ homes as unauthorized structures and demolish them.

This pattern has been observed in BJP-ruled states such as Uttar Pradesh, Madhya Pradesh, Gujarat, Assam, and even in Delhi, governed by the Aam Aadmi Party. According to social activist Harsh Mander's January 2024 article, bulldozers have become a tool for state governments to target Muslim citizens, often bypassing due legal processes and constitutional fairness.

AILAJ's memorandum argues that these demolitions are a gross violation of Articles 14, 15, 19, and 21 of the Indian Constitution, which guarantee equality, freedom from discrimination, and the right to a dignified life. The organization references landmark cases such as Indira Nehru Gandhi v. Raj Narain and Indra Sawhney & Others v. Union of India to underline the importance of upholding the rule of law, a basic structure of the Constitution.

The demolitions, even when addressing allegedly illegal structures, have been carried out without following proper procedures, such as issuing notices, providing opportunities to be heard, and allowing appeals. This has led to concerns that the actions are not just illegal but are motivated by communal bias, effectively amounting to ethnic cleansing under the guise of law enforcement.

Judicial and Human Rights Responses

Several High Courts have taken a strong stance against such demolitions. The Punjab & Haryana High Court recently stayed the demolition drive in the communal violence-hit areas of Nuh and Gurugram, questioning whether the demolitions were being used as a pretext for ethnic cleansing. Similarly, the Gauhati High Court registered a suo motu case against demolitions in Assam and appointed a one-man commission to investigate the matter.

Amnesty International has also raised concerns, publishing a report titled "If you speak up, your house will be demolished: Bulldozer injustice in India," which documents targeted demolitions between April and June 2022.

The report highlights how at least 128 properties, including Muslim homes, businesses, and places of worship, were demolished in Assam, Gujarat, Madhya Pradesh, Uttar Pradesh, and Delhi.

Call for Supreme Court Intervention

Given the systemic nature of these violations, AILAJ is calling for the Supreme Court to invoke the doctrine of an "unconstitutional state of affairs." This legal concept allows the court to address widespread and systemic violations of fundamental rights when both the legislative and executive branches fail to enforce public policies effectively.

AILAJ proposes that the Supreme Court should issue interim orders, take cognizance of the situation, and monitor compliance with the Constitution. They believe this judicial intervention is necessary to end the mockery of justice and ensure that the rule of law is upheld for all citizens, regardless of their community or religion.