11 Aug,2023 Demolitions as state-sanctioned collective punishment Flashcards
What is bulldozer justice?
Bulldozer justice is a term used to describe the practice of demolishing the homes of individuals suspected of wrongdoing, often without due process of law.
What is the concept of “bulldozer justice”?
“Bulldozer justice” refers to a form of group penalty where punishment is inflicted on individuals and their families without determining guilt, often involving demolition of their residences.
What are the concerns with bulldozer justice?
The concerns with bulldozer justice include:
* It is a form of collective punishment, where the innocent are punished along with the guilty.
* It violates the rule of law, as it bypasses due process and denies individuals their right to a fair trial.
* It disproportionately impacts marginalized communities, as they are more likely to live in informal settlements that are targeted for demolition.
What is the purpose of conducting a survey before demolitions?
The survey before demolitions aims to determine if residents are eligible for rehabilitation programs and prevent significant disruption to their lives.
What are the safeguards that can be put in place to prevent bulldozer justice?
The safeguards that can be put in place to prevent bulldozer justice include:
* Requiring the government to obtain a court order before demolishing any property.
* Providing adequate notice to the residents of any property that is scheduled to be demolished.
* Providing compensation to the residents for any property that is demolished.
Why is bulldozer justice criticized?
Bulldozer justice is criticized for unjustly targeting marginalized sections, disregarding standard procedures, and replacing established legal procedures with informal and force-based justice.
What is the response of the judiciary to bulldozer justice?
The judiciary has been largely silent on the issue of bulldozer justice. However, the High Court of Punjab and Haryana has recently issued a directive that requires the government to obtain a court order before demolishing any property.
What is the way forward to prevent bulldozer justice?
The way forward to prevent bulldozer justice is to uphold the rule of law and ensure that due process is followed. This means that the government should not be able to demolish any property without a court order and without providing adequate notice to the residents. The government should also provide compensation to the residents for any property that is demolished.
What does the use of bulldozer justice signify for the state?
The use of bulldozer justice signifies the state’s abandonment of the rule of law in favor of informal justice, which is a step towards an authoritarian society where basic rights and freedoms are at the mercy of unpredictable state authorities.
What is the principle of law that is violated by bulldozer justice?
The principle of law that is violated by bulldozer justice is the rule of law. The rule of law means that no one is above the law, and that everyone is entitled to due process. Bulldozer justice violates this principle by allowing the government to punish individuals without due process.
How does bulldozer justice lead to an authoritarian society?
Bulldozer justice leads to an authoritarian society by eroding the rule of law. When the government is allowed to punish individuals without due process, it creates a climate of fear and intimidation. This makes it difficult for people to challenge the government, and it can lead to the emergence of an authoritarian regime.
How has the judiciary responded to the issue of bulldozer justice?
The judiciary, including the Supreme Court of India, has largely remained silent on the issue of bulldozer justice, even accepting the state’s rationale in some cases.
What does upholding the rule of law safeguard?
Upholding the rule of law safeguards individuals from an excessively controlling state and ensures essential security.
What is the role of the judiciary in upholding the rule of law?
The judiciary plays a vital role in upholding the rule of law. The judiciary is responsible for interpreting the law and ensuring that it is followed by the government and the people. When the judiciary fails to uphold the rule of law, it creates a climate of impunity that can lead to the erosion of democracy.
What is the significance of the recent directive from the High Court of Punjab and Haryana?
The directive is significant as it marks the first instance where the judiciary has taken active notice of the trend of unlawful bulldozer “justice.”
