‘No religious site can hinder public rights,’ says Supreme Court
PTC News Desk: In a significant ruling today, the Supreme Court of India underscored the paramount importance of public safety, stating that any religious structure infringing upon roads, water bodies, or railway tracks must be removed. The court reaffirmed India’s secular principles, asserting that its directives regarding demolition and anti-encroachment actions apply to all citizens, regardless of their religious affiliations.
The remarks came during a hearing led by Justice BR Gavai and Justice KV Viswanathan, who were addressing petitions challenging the controversial ‘bulldozer justice’ trend in several states. This practice involves demolishing properties owned by individuals accused of crimes, often without adequate notice or due process. State authorities have previously contended that such demolitions only target illegal structures.
Solicitor General Tushar Mehta represented the states of Uttar Pradesh, Gujarat, and Madhya Pradesh during the proceedings. When asked whether being accused in a criminal case could justify facing bulldozer action, Mehta firmly stated, ‘No, absolutely not,’ asserting that even serious accusations like rape or terrorism should not lead to such measures. He emphasised the necessity of providing advance notice before demolition, suggesting that notices should be sent via registered post, as mandated by various municipal laws.
The bench noted the discrepancies between municipal corporation regulations and those of panchayats, advocating for the establishment of an online portal to ensure transparency and record-keeping, allowing the public to stay informed about demolition orders.
Mehta raised concerns that the court’s direction might inadvertently target specific communities, given the context of the discussions. However, the bench clarified, “We are a secular country, and our directions will be for all, irrespective of religion or community.”
The court reinforced its stance that encroachments on public infrastructure must be addressed for the sake of public safety. “If there is any religious structure in the middle of the road, be it a gurudwara, dargah, or temple, it cannot obstruct public access,” the court asserted.
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Justice Gavai further emphasised that laws regarding unauthorised construction should be uniform and not influenced by religion, faith, or personal beliefs.
During the hearing, Senior Advocate Vrinda Grover, representing the UN Rapporteur, raised concerns regarding housing availability. Mehta objected, asserting that India’s constitutional courts are sufficiently robust to address these matters without involving international agencies.
Additionally, Senior Advocate CU Singh, representing one of the petitioners, argued against the use of bulldozer actions as a method for crime prevention. He highlighted that such measures should not be utilised indiscriminately against individuals accused of crimes.
In a notable exchange, Mehta claimed that bulldozer actions targeting minorities would be “far and few between.” The bench countered this assertion, citing a significant figure of 445,000 individuals potentially affected by such actions.
Ultimately, the Supreme Court made it clear that being accused of a crime cannot serve as a valid reason for property demolition. Any such actions must strictly adhere to violations of civic regulations, ensuring that due process and fairness are maintained in enforcement efforts. This ruling represents a critical step toward upholding the rights of individuals and maintaining the secular fabric of the nation amidst rising concerns over targeted demolitions.
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