Punitive demolitions constitute 'aggravated human rights violation': UN expert tells SC

Arbitrary and punitive demolitions of homes and commercial establishments is an “aggravated form of human rights violation”, United Nations Special Rapporteur on Adequate Housing Balakrishnan Rajagopal told the Supreme Court on Friday, reported Live Law.

“…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,” said Rajagopal.

The United Nations special rapporteur made the statements in an application filed to assist the Supreme Court in framing guidelines from an international human rights law perspective to address the concerns of punitive demolitions in India, according to Live Law.

The top court is hearing a batch of petitions challenging “bulldozer action” by various state governments whereby properties belonging to persons accused of crimes have been punitively demolished.

On September 17 the Supreme Court passed an interim order staying demolitions without its permission till October 1, the next date of hearing. A bench of Justices BR Gavai and KV Viswanathan, on September 2, criticised the trend of “bulldozer justice” and proposed to lay down pan-India guidelines to address the concerns.

In his application, Rajagopal stated that punitive demolitions are simply illegal, reported The Hindu.

“Data reveal that from January 1, 2022, to December 31, 2023, around 7.4 lakh people lost their homes...

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