Lagatar24 Desk
New Delhi: In a landmark judgement, the Supreme Court ruled on Wednesday that demolishing a family’s home solely because a resident is either accused or convicted in a criminal case constitutes “collective punishment.” The ruling was delivered by a bench of Justices B R Gavai and K V Viswanathan, introducing national guidelines to regulate property demolitions, emphasizing individual rights and the protection of families under the Constitution.
The court emphasized that arbitrarily choosing a structure for demolition, while ignoring similar structures in the vicinity, could suggest a “mala fide” intention. “The demolition of a home profoundly impacts socio-economic rights, embodying years of hard work and family aspirations,” the bench observed, noting the importance of housing as a socio-economic right.
The Right to Shelter Under Article 21
Justice Gavai underscored that a home is much more than a physical property; it embodies a family’s collective hopes, stability, and security. Citing Article 21 of the Constitution, which safeguards the right to life and personal liberty, the court stated, “Shelter provides dignity and a sense of belonging to any family or individual. If authorities remove this right, they must demonstrate that demolition is the only option.”
Concerns Over Selective Demolitions
In response to arguments from Solicitor General Tushar Mehta, who represented the Centre and several states, the court ruled that when authorities target the properties of accused individuals exclusively, it raises concerns of punishment without due process. “Such an assumption could be rebuttable, but officials must provide evidence showing that the intent was not punitive,” the judgement clarified.
Applying the Rule of Law to Demolitions
The bench further clarified that the rule of law must guide decisions on property demolitions, ensuring that when violations occur, other options like compounding offenses or partial demolition are considered before taking extreme steps. “If eviction is unavoidable, authorities must ensure that demolition is the only option, leaving no room for other alternatives,” the court stated.
This judgement responds to pleas seeking a national framework for property demolitions, reinforcing a balance between Constitutional rights and the enforcement of local laws.
