According to Indian media The Supreme Court It has prevented the government from demolishing the houses and properties of people whose cases are pending without the permission of the court.
However, this ban will not apply to illegal constructions along roads, streets, footpaths, railway lines.
According to newspaper The Hindu, the order was issued on Tuesday, September 17 by a bench headed by Justice BR Gavai and comprising Justice KV Viswanathan.
The court was hearing a petition filed by Jamiat Ulema Hind seeking an order against illegal demolition and guidelines in this regard.
Justice KV Viswanathan remarked that ‘bulldozers are being used for exaggeration and pretense’. Justice Gawai said that the time has come to stop the process until the terms of demolition of the property are clear. The next hearing of the case will be held on October 1.
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The Supreme Court of India has invited suggestions from the concerned parties to formulate countrywide guidelines on illegal demolition.
The order came in the wake of several incidents of demolitions where houses and properties of certain criminals were demolished without following due process.
Such demolitions targeting vulnerable groups have become common in the past few years. People often lack the resources necessary to take legal action against such action.
This specific but arbitrary state action rendered the right of residence meaningless as local authorities carried out evictions with aplomb. Most buildings are demolished at night. The affected people are given alternative accommodation and no rehabilitation assistance.
The inequality, social conflict and division that result from such measures risk further disadvantaging some communities. Demolition of property is against the spirit of the Constitution and due process of law in criminal laws.
Demolition of houses as punishment:
Mass demolitions are gaining momentum as a collective punishment for rioters. The use of bulldozers that started in Delhi’s Jahangir Puri has now spread to different parts of the country.
In Haryana’s Noh area in 2023, violence sparked by clashes between two religious groups ended with the local administration demolishing several houses.
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#Indian #Supreme #Court #stayed #demolition #houses #properties #October
2024-09-17 22:40:37
– What are the implications of the Supreme Court’s decision on illegal demolitions in India?
Table of Contents
Supreme Court of India Puts Brakes on Illegal Demolitions: A Victory for Human Rights
In a landmark decision, the Supreme Court of India has put a halt on the demolition of houses and properties of people whose cases are pending without the permission of the court. This judgement comes as a respite to vulnerable groups who have been subjected to arbitrary demolitions, often without following the due process of law.
The Supreme Court’s Order
According to Indian media reports, the Supreme Court’s bench, comprising Justice BR Gavai and Justice KV Viswanathan, passed the order on September 17, 2023. The court was hearing a petition filed by Jamiat Ulema Hind, seeking guidelines on illegal demolitions and an order against such actions. The court’s order specifically prohibits the government from demolishing properties without its permission, ensuring that the rights of individuals are protected.
Exceptions to the Rule
However, the Supreme Court’s order does not apply to illegal constructions along roads, streets, footpaths, and railway lines. This exception is aimed at maintaining public order and ensuring that infrastructure development is not hindered by unauthorized constructions.
Justice Viswanathan’s Remark
During the hearing, Justice KV Viswanathan remarked that “bulldozers are being used for exaggeration and pretense.” His statement highlights the issue of demolitions being used as a tool for harassment and intimidation, rather than a legitimate means of addressing illegal constructions.
Guidelines on Illegal Demolitions
The Supreme Court of India has invited suggestions from concerned parties to formulate countrywide guidelines on illegal demolitions. This initiative aims to establish a standardized process for dealing with unauthorized constructions, ensuring that the rights of individuals are protected and due process is followed.
Background of Illegal Demolitions
In recent years, there have been several instances of demolitions where houses and properties of certain criminals were demolished without following due process. These arbitrary actions have disproportionately affected vulnerable groups, who often lack the resources to challenge such actions in court. The demolitions have resulted in social conflict, division, and further disadvantage to already marginalized communities.
Demolition of Houses as Punishment
The practice of demolishing houses as a form of collective punishment for rioters has gained momentum in recent times. The use of bulldozers, which started in Delhi’s Jahangir Puri, has now spread to different parts of the country. This approach raises serious concerns about the violation of human rights and the spirit of the Constitution.
The Importance of Due Process
The Supreme Court’s order is a significant step towards upholding the rule of law and protecting the rights of individuals. It emphasizes the importance of due process and the need for authorities to follow established procedures when dealing with unauthorized constructions. By doing so, the court has sent a strong message that arbitrary actions will not be tolerated and that the rights of citizens must be respected.
Conclusion
The Supreme Court of India’s decision to halt illegal demolitions is a victory for human rights and a step towards promoting the rule of law in the country. It is essential that the government and local authorities respect this order and work towards establishing a fair and transparent process for dealing with unauthorized constructions. By doing so, India can move towards a more just and equitable society where the rights of all citizens are protected.
Keyword Tags
Supreme Court of India
Illegal Demolitions
Human Rights
Rule of Law
Due Process
Bulldozer Demolitions
Jamiat Ulema Hind
Justice BR Gavai
* Justice KV Viswanathan
What impact does the Supreme Court’s decision on illegal demolitions have on vulnerable groups in India?
Supreme Court of India Puts Brakes on Illegal Demolitions: A Victory for Human Rights
In a landmark decision, the Supreme Court of India has put a halt on the demolition of houses and properties of people whose cases are pending without the permission of the court. This judgement comes as a respite to vulnerable groups who have been subjected to arbitrary demolitions, often without following the due process of law.
The Context
In recent times, there have been several incidents of demolitions where houses and properties of certain criminals were demolished without following due process. Such demolitions targeting vulnerable groups have become common in the past few years. People often lack the resources necessary to take legal action against such action. This arbitrary state action has rendered the right of residence meaningless, as local authorities have carried out evictions with aplomb. Most buildings are demolished at night, and the affected people are given alternative accommodation and no rehabilitation assistance.
The Supreme Court’s Order
The Supreme Court of India has stayed the demolition of houses and properties of people whose cases are pending without the permission of the court. This order was issued on September 17 by a bench headed by Justice BR Gavai and comprising Justice KV Viswanathan. The court was hearing a petition filed by Jamiat Ulema Hind seeking an order against illegal demolition and guidelines in this regard.
Exceptions to the Rule
However, this ban will not apply to illegal constructions along roads, streets, footpaths, and railway lines. The court has also invited suggestions from the concerned parties to formulate countrywide guidelines on illegal demolition.
Justice KV Viswanathan’s Remarks
Justice KV Viswanathan remarked that “bulldozers are being used for exaggeration and pretense.” Justice Gawai said that the time has come to stop the process until the terms of demolition of the property are clear. The next hearing of the case will be held on October 1.
Demolition of Houses as Punishment
Mass demolitions are gaining momentum as a collective punishment for rioters. The use of bulldozers that started in Delhi’s Jahangir Puri has now spread to different parts of the country. In Haryana’s Noh area in 2023, violence sparked by clashes between two religious groups ended with the local administration demolishing several houses.
Implications of the Supreme Court’s Decision
The Supreme Court’s decision is a significant step towards upholding human rights in India. It emphasizes the importance of due process and the rule of law, and prevents the arbitrary and unfair demolition of properties. This decision will provide relief to vulnerable groups who have been subjected to harassment and intimidation by local authorities.
Conclusion
The Supreme Court of India’s decision to stay the demolition of houses and properties of people whose cases are pending without the permission of the court is a landmark judgement that upholds human rights and the rule of law. It is a victory for those who have been fighting against arbitrary and unfair demolitions, and a reminder that the judiciary plays a crucial role in protecting the rights of citizens.
Keywords: Supreme Court of India, illegal demolitions, human rights, due process, rule of law, vulnerable groups, bulldozers, collective punishment, rioters.
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Title: Supreme Court of India Puts Brakes on Illegal Demolitions: A Victory for Human Rights
