India's top court reprimands government over 'bulldozer justice'

Supreme Court says it will issue nationwide guidelines after homes of alleged criminals are razed

An excavator demolishes a property owned by a local leader allegedly involved in violent protests in Allahabad in 2022. AFP

India’s Supreme Court has reprimanded state governments for demolishing the homes of alleged criminals, describing the practice as a form of extrajudicial punishment.

“Bulldozer justice”, as the controversial practice is known, first gained traction in the northern state of Uttar Pradesh in 2017 under Chief Minister Yogi Adityanath, when the government began destroying the properties of alleged criminals even before investigations had begun.

Mr Adityanath, a Hindu monk turned politician, quickly earned the name “Bulldozer Baba” as he cultivated an image as a hardliner on crime in a state known for high rates of lawlessness. The practice has since been used elsewhere, particularly in states ruled by Prime Minister Narendra Modi’s Bharatiya Janata Party, as punishment for a variety of alleged offences, from serious crimes to criticising the government.

“How can demolition be [carried out] just because [a person] is an accused? Even if he is a convict, still it can’t be done without following the procedure as prescribed by law,” the court said.

A bench consisting of Justices Bhushan Gavai and Kalpathy Viswanathan heard petitions challenging the practice in several states, including a plea by Rashid Khan, 60, an autorickshaw driver whose house in Udaipur, Rajasthan, was demolished in August.

Mr Khan leased the house to a tenant whose son was accused of stabbing a Hindu classmate to death at school. “If a man's son is a nuisance, demolishing his home is not the right way,” Justice Viswanathan said.

The court said it would lay down nationwide guidelines and also invite suggestions on the issue at a later date. “We find that it is appropriate that counsel for the parties can give suggestions so that the court can frame guidelines which are applicable on a pan-India basis," it added.

Government critics and activists have accused the BJP of using bulldozer justice primarily against Muslims as a vindictive measure to appease its right-wing, Hindu-nationalist voter base.

“The bulldozer, which has become a symbol of unbridled power, has constantly and arrogantly challenged the law by crushing civil rights,” opposition leader Rahul Gandhi said on Tuesday. “We expect that the Supreme Court will issue clear guidelines on this highly sensitive issue and protect the citizens from this anti-democracy campaign of the BJP governments.”