Fear vs Fairness: Bulldozer vs Law
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NOVEMBER 2024
In a landmark judgment on 13th November 2024, the Honourable Supreme Court of India took a decisive stance on the controversial practice of “bulldozer justice,” delivering a verdict with profound implications for the politics of states like Uttar Pradesh and Madhya Pradesh.
The bench, comprising Justice B.R. Gavai and Justice K.V. Vishwanathan, unequivocally flagged the practice as extrajudicial and a violation of the rule of law—the cornerstone of India’s democratic governance.
They underscored that constitutional rights exist to protect individuals from arbitrary state actions, and any punitive action bypassing due legal processes undermines the very foundation of justice.
The Rule of Law vs. Bulldozer Tactics
The court’s judgment rested on critical principles: fairness in the criminal justice system, segregation of powers, and adherence to the doctrine of public trust.
It reminded the executive—officials and administrators—that they cannot overstep their authority or encroach upon judicial functions.
The boundary between governance and justice must remain sacrosanct, the court warned, noting that punitive measures must follow legal procedures, not populist whims.
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...Celebrated by some as a means of swift justice in a system known for its inefficiencies
The rise of bulldozer justice, particularly in Uttar Pradesh and Madhya Pradesh, has seen authorities demolish properties of accused individuals—most notably those from minority communities—without trial or proof of guilt.
This approach, which bypasses judicial oversight, has been celebrated by some as a means of swift justice in a system known for its inefficiencies.
Yet, it has also raised concerns about fairness, arbitrariness, and targeting of vulnerable groups.
Proponents argue that bulldozer justice acts as a deterrent against crime in regions plagued by slow law enforcement.
Politicians have capitalized on this sentiment, presenting themselves as crusaders for discipline and order. However, such actions come at a high cost—both for the legal system’s credibility and for innocent families caught in the crossfire.
A Justice System on Trial
At its core, the problem lies not in the intent to deter crime but in the inefficiency of India’s legal system. Cases languish in courts for decades, and countless individuals remain imprisoned without trial.
The case of Gulfisha Fatima, jailed for over four years without a verdict following the Delhi riots, exemplifies how the judicial backlog has turned the process itself into punishment.
The demand for alternative, extrajudicial measures like bulldozer justice stems from public frustration with these delays.
Yet, as the court rightly noted, such actions undermine the principle that one is innocent until proven guilty—a cornerstone of democratic justice.
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The demand for alternative, extrajudicial measures like bulldozer justice stems from public frustration with these delays.
The harm caused by bulldozer justice extends far beyond the accused. Families lose their homes, livelihoods, and sense of security—all without warning. Innocent children are displaced, and entire neighborhoods are destabilized.
These actions, disproportionately punishing the families of alleged wrongdoers, sow seeds of division and resentment that threaten long-term social cohesion.
The court also highlighted the arbitrariness of these demolitions.
For understanding of readers, for example, when five illegally constructed houses stand in a row, why are only two—belonging to alleged offenders—targeted?
Such selective enforcement undermines public trust and sends a troubling message: the state can bend its own laws for convenience or political gain.
A Clear Directive
The Supreme Court’s judgment is a step towards restoring faith in the rule of law. It mandates a formal demolition process, including adequate notice as required by law, and makes it clear that officials must bear financial responsibility for any unlawful actions.
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The court also highlighted the arbitrariness of these demolitions
These measures reaffirm the constitutional rights of citizens and set a precedent for accountability.
India’s legal system must address its inefficiencies to eliminate the public’s appetite for shortcuts like bulldozer justice. Speedy trials and timely verdicts are the real antidote to the frustrations driving such measures.
Politicians and officials must focus on strengthening institutions, not bypassing them for short-term gains.
As a society, we must remember that justice, by its very nature, requires patience and due process.
The Supreme Court’s ruling is a timely reminder that in a democracy, the ends do not justify the means.
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...in a democracy, the ends do not justify the means
By upholding constitutional principles, the court has reaffirmed the essence of justice: fairness, accountability, and the rule of law.
Finally, rising from fear, receiving fairness, the people of UP and MP have found an end on Bulldozer Justice.
The rogue governance has seen its demise.
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