‘Right to shelter is a fundamental right’: CJI slams bulldozer justice
text_fields
New Delhi: Chief Justice of India B.R. Gavai, speaking at the Milan Courts in Italy on the theme "Role of Constitution in Delivering Socio-Economic Justice in a Country: Reflections from 75 Years of Indian Constitution", said that the Supreme Court’s judgement against "bulldozer justice" reaffirmed that constitutional guarantees must not only protect civil liberties but also uphold the dignity, security, and material well-being of every individual.
He stated that such arbitrary demolitions, which bypassed legal processes, violated the rule of law and the fundamental right to shelter under Article 21 of the Constitution.
Quoting the top court’s judgement, CJI Gavai said, "For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future."
The executive cannot become judge, jury, and executioner all at once, he added.
In Re: Directions in the matter of demolition of structures, the Supreme Court examined the decisions of the authorities to demolish homes and properties of an accused as a punishment even before they were convicted by a court of law.
In November last year, a Supreme Court bench comprising then Justice B.R. Gavai and Justice K.V. Viswanathan issued nationwide guidelines on the demolition of unauthorised structures.
The Bench warned that any violation of these directives by state authorities would invite criminal contempt and prosecution.
Exercising powers under Article 142 of the Constitution, the court mandated that no demolition should proceed without a prior show cause notice. It further directed that demolition orders must not be enforced for 15 days and should be published on a dedicated digital portal maintained by each municipal or local authority.
However, the Bench clarified that these directions would not apply to unauthorised structures located in public spaces—such as roads, footpaths, railway lines, or water bodies—or in cases where a court has already ordered demolition.
(inputs from IANS)
