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Arbitrariness and brazen bias in law enforcement have undermined the rule of law in India for decades. Despite the spread of education and growing awareness of rights among the masses, high-handedness by the state often threatens the fundamental rights and dignity of citizens. Custodial torture and extrajudicial killings are reported with alarming frequency. Police and civic authorities in several States now routinely resort to demolition of property as a convenient and extra-legal form of punishment — not just for criminal suspects but also for political opponents. Given the spread of this disturbing trend, the Supreme Court of India’s strong remarks against the practice this week offer a glimmer of hope. A Bench headed by Justice A.S. Oka stated that the illegal demolition of properties belonging to six individuals by the Prayagraj Development Authority in Uttar Pradesh in 2021 had “shocked the conscience” of the Court. The order followed findings that the demolitions were carried out without even serving show-cause notices to the house owners, either in person or by registered post. “These cases shock our conscience. Residential premises of the appellants have been high-handedly demolished… There is something called the right to shelter, something called due process… The authorities, and especially the development authority, must remember that the right to shelter is also an integral part of Article 21 of the Constitution,” the Court observed. The top court has ordered the payment of ₹10 lakh as compensation to each house owner. Through its observations, the Court has reiterated the basic principles of the rule of law — that there can be no punishment without trial, no collective punishment, that every person is presumed innocent until proven guilty, and that guilt cannot be ascribed by association.
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While this is mostly reassuring, it remains doubtful whether such judicial intervention is sufficient to act as a deterrent. For one, despite earlier disapproval of the bulldozing of property under the guise of law enforcement, the practice has not only continued in Uttar Pradesh but has also spread to other States. Bharatiya Janata Party-ruled States have been eager adopters of this trend, but it has also found appeal beyond partisan lines. The Aam Aadmi Party government in Punjab, for instance, recently resorted to property demolition as a tool in its campaign against the drug mafia. The apparent social approval of state high-handedness in many situations is a troubling commentary on collapsing standards of governance. Mob lynching is a menace the state is duty-bound to curb with an iron fist; it is tragic when the state itself adopts tactics akin to mob justice. The Supreme Court must ensure that its orders are implemented in letter and spirit — consistently and throughout India.
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Published – April 04, 2025 12:20 am IST
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Instant injustice: On state high-handedness
