'Punitive Demolitions Grave Violation Of Human Rights' : UN Expert Seeks Intervention In 'Bulldozer' Matter In Supreme Court

In the bulldozer actions matter, an intervention application has been filed by Professor Balakrishnan Rajagopal, the United Nations Special Rapporteur on Adequate Housing, to assist the Court in framing appropriate guidelines from an international human rights law perspective.

To recapitulate briefly, a bench of Justices BR Gavai and KV Viswanathan is hearing a batch of pleas accusing various state governments of demolishing the houses of persons accused of crimes as a punitive measure. On September 2, the bench had expressed an intention to lay down pan-India guidelines to address concerns. On September 17, it passed an interim order that no demolition should take place in the country without the Court's permission (except when there is encroachment on public roads, footpaths, railway lines, or waterbodies).

The proposed intervenor, an expert appointed by the UN Human Rights Council, states that the alleged arbitrary demolitions are contrary to international human rights law including the right to adequate housing and are disproportionate and therefore lacking in due process. He claims that he has a strong interest in ensuring that India, as a member of the UN Human Rights Council, respects human rights and its interpretations of rights are consistent with international human rights law.

"Arbitrary demolitions carried out for purportedly punitive reasons are aggravated forms of human rights violations, 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."

It is further stated that demolitions of houses is not, per se, illegal. If the houses are unauthorized, the same can be demolished in accordance with law and procedural safeguards. However, as demolition entails loss of homes, the requirement to comply with international human rights standards is very strict.

"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."

The proposed intervenor adds that all other demolitions are ipso facto arbitrary and contrary to international human rights law: "These include especially so-called punitive demolitions, which has been drawn to the attention of this Hon'ble Court in the captioned proceedings as a growingly regular phenomenon in policing and executive or administrative exercise of arbitrary powers. These amount to a clear violation of international human rights law and the protected fundamental rights of the people in India."

Violation of International Rights

It is claimed that arbitrary demolition of homes is a violation of the right to live in security, peace and dignity, and when people are displaced as a result of demolition of houses, they lose an entire spectrum of rights.

"In General Comment No.48, the Committee on Economic, Social and Cultural Rights (CESCR) has affirmed that every person has a right to security of tenure, and to be free of the threat of forced eviction, among other elements of the right to adequate housing, a fundamental human right under the International Covenant on Economic, Social and Cultural Rights (ICESCR)...right to adequate housing is far more than an entitlement to four walls and a roof. It includes a 'bundle of rights', as noted in Ajay Maken v. Union of India, including the rights to livelihood, food, water, sanitation, health, education, other public services such as transport, as well as political rights."

Speaking of the international rights violated by arbitrary demolitions, the proposed intervenor adds,

"Arbitrary demolitions that lead to forced evictions are gross violations of international human rights law as set out by resolutions 1993/77 and 2004/28 of the United Nations Commission on Human Rights and General Comment No.7 of the CESCR. Such forced evictions also violate other human rights standards such as Article 17 of the International Covenant on Civil and Political Rights (ICCPR) which says that “no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.” India is a party to both ICCPR and ICESCR."

He further underlines the State's duty to ensure that no one becomes homeless as a result of demolitions which cause evictions.

"If the demolition has resulted in homelessness, immediate rehousing must be provided to such individuals without delay...In the cases of punitive and discriminatory demolitions raised by the Special Rapporteur with the Government of India in 202229, in states such as Delhi, Madhya Pradesh and Gujarat, with a few exceptions, no alternative accommodations – or even compensation, was provided to the individuals or families whose homes were demolished", the plea alleges.

The proposed intervenor also urges that illegal demolitions shall be prosecuted as serious crimes.

"No demolitions may be carried out as a punishment for any act by a resident or a relative or associate of a resident of the household, whether such acts constitute a violation of any law in force or not. Such demolitions, if carried out, must be prosecuted as serious crimes under the law. Punitive demolitions are aggravated forms of arbitrary demolitions of homes. Punitive demolitions are per se grave violations of international human rights law."

In the plea, he has underlined the importance of prosecuting and subjecting to penalties officials responsible for authorizing or carrying out arbitrary demolitions, saying, "This is an important step to ensure accountability and non-repetition".

The proposed intervenor also states that India has been witnessing a "worrying rise" of evictions of mostly marginalized and poor communities in recent years. In this regard, data has been cited as follows,

"...from 1 January 2022 to 31 December 2023, around 7.4 lakh people lost their homes as a result of state-driven demolitions. The scale and pace of these evictions reached unprecedented levels in 2023, with 515,752 people evicted and 107,449 homes demolished across the country. The data also reveal that 31% of the people forcibly evicted during this period belonged to historically marginalized groups, including Scheduled Castes, Scheduled Tribes, Other Backward Classes, nomadic communities, migrant workers, and religious minorities."

The matter is next listed for consideration on October 1.

The application has been filed through Advocate-on-Record Aakarsh Kamra and drafted by the Chambers of Senior Advocate Vrinda Grover, Soutik Banerjee and Devika Tulsiani.

Case Title: Jamiat Ulama I Hind v. North Delhi Municipal Corporation | Writ Petition (Civil) No. 295 of 2022 (and connected matters)