The Supreme Court of India has recently rolled out strict guidelines aimed at putting an end to illegal demolitions. Highlighting the importance of due process and the rule of law, the court’s ruling requires a mandatory 15-day notice period for property owners. This gives them the opportunity to challenge demolition orders before any action is taken, aiming to prevent arbitrary actions by authorities and safeguard citizens’ rights.
This decision was made in response to multiple petitions against house demolitions by state governments in Rajasthan and Madhya Pradesh. The court emphasized that demolishing homes based solely on criminal accusations goes against the presumption of innocence and the right to shelter under Article 21 of the Constitution. The 15-day notice must clearly detail the nature of the alleged violation and provide a hearing date to challenge the action.
Additionally, the Supreme Court ruled that every demolition must be recorded on video. Any failure to comply with these guidelines could lead to contempt proceedings. The court made it clear that the executive branch cannot act as a judge and demolish properties without following legal procedures. This ruling is expected to significantly impact how demolition drives are conducted nationwide, ensuring that due process is observed and citizens’ rights are upheld.
As the nation contemplates the implications of this ruling, the effectiveness of these guidelines’ implementation remains to be seen. Nonetheless, the Supreme Court’s decision marks a crucial step toward protecting citizens from arbitrary state actions and reinforcing the rule of law.