Arbitrary and punitive demolitions of homes and commercial establishments is an “aggravated form of human rights violation”, United Nations Special Rapporteur on Adequate Housing Balakrishnan Rajagopal told the Supreme Court on Friday, reported Live Law.
“…especially when they target or result in discriminatory impacts against minorities, and when demolitions result in homelessness, they may constitute a violation of the prohibition against cruel, inhuman, degrading treatment or punishment,” said Rajagopal.
The United Nations special rapporteur made the statements in an application filed to assist the Supreme Court in framing guidelines from an international human rights law perspective to address the concerns of punitive demolitions in India, according to Live Law.
The top court is hearing a batch of petitions challenging “bulldozer action” by various state governments whereby properties belonging to persons accused of crimes have been punitively demolished.
On September 17 the Supreme Court passed an interim order staying demolitions without its permission till October 1, the next date of hearing. A bench of Justices BR Gavai and KV Viswanathan, on September 2, criticised the trend of “bulldozer justice” and proposed to lay down pan-India guidelines to address the concerns.
In his application, Rajagopal stated that punitive demolitions are simply illegal, reported The Hindu.
“Data reveal that from January 1, 2022, to December 31, 2023, around 7.4 lakh people lost their homes as a result of State-driven demolitions,” he claimed. “The scale and pace of these evictions reached unprecedented levels in 2023, with 5,15,752 people evicted and 1,07,449 homes demolished across the country.”
He said that 31% of the people evicted during this period belong to marginalised groups, including the Scheduled Castes, Scheduled Tribes, Other Backward Classes, nomadic communities, migrant workers and religious minorities.
Rajagopal told the court that homes can only be demolished if they are unauthorised and by following law and procedural safeguards. Even in such cases, international human rights standards are required to be complied with as demolitions result in the loss of homes, he said.
“Such standards include non-selective, non-discriminatory application of laws, adequate notice and right to appeal, avoidance of forced evictions and homelessness, and adequate and fair compensation,” said the United Nations special rapporteur.
Rajagopal said that demolishing entire homes or shops for minor code violations is a “disproportionate measure” that disregards due process under international law.
The United Nations Commission on Human Rights and Article 17 of the International Covenant on Civil and Political Rights state that no person shall be subjected to “arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation”.
The right to security of tenure and protection from the threat of forced eviction are recognised as fundamental human rights under the International Covenant on Economic, Social and Cultural Rights.
India is a signatory to both the covenants.
There are no provisions in Indian law that allow for the demolition of property as a punitive action.
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