Jahangirpuri demolition: Arbitrary, illegal, violation of rights

Bulldozer politics is unconstitutional, hate-filled

State lawlessness and arbitrariness found a new level and hit fresh ground on Wednesday when bulldozers encroached into the Jahangirpuri area of Delhi and razed homes, small and tiny businesses, and other premises that provided shelter and livelihood to many people. The lawlessness was not neutral but was driven by prejudice and hatred against the minority community. The Supreme Court ordered a stay on the demolitions, but it was ignored for a long while. The court has extended its stay for two weeks now. But some premises have already been demolished and people have been thrown out on the streets. The action is a continuation of the bulldozer politics that was resorted to in Madhya Pradesh after the Ram Navami violence and had been tried and tested by the Yogi Adityanath government in UP before that.

The excuse that the structures sought to be demolished are illegal encroachments does not stand any scrutiny, legal and moral. It is a political ploy directed against Muslims who are mostly the targets of the drive. The fact that it was launched within days of the communal trouble in the area exposes the argument as motivated falsehood. When there are any number of illegal constructions and encroachments all over Delhi, why was Jahangirpuri picked out for action? Why wasn’t any action taken earlier? It was taken on the Delhi BJP chief’s recommendation and that shows the political agenda behind it. It was selective enforcement of rules that do not even exist, against people who are to be punished for being who they are, and not for anything they have done.

The action was a violation of the due process of law as it dispensed with laid down procedures like the issuance of notices to affected parties. These procedures have to be followed even if the encroachments and constructions are considered illegal and unauthorised. A dangerous argument that there is no need for such legal niceties has been made. Everyone has a right to live and earn livelihood, and that cannot be taken away casually and arbitrarily. The forgoing of the due process of law in dealing with the citizens will make the State lawless and authoritarian, rule of law a fiction, and the Constitution a dead letter. The bulldozer politics, which represents targeted punishment and wrongly conceived instant justice, violates the idea of a humane State that is at the heart of the Constitution. The Supreme Court has done well to declare that it would take a serious view of demolitions that took place after its decision was communicated to the mayor. It should read the riot act to those who disobeyed its order, flouted the law and harassed citizens out of ill-will and prejudice.