India's Supreme Court Halts 'Bulldozer Justice': A Win for Muslim Minority Rights

On September 18, 2024, the Supreme Court of India issued a provisional order to halt what the Hindu authorities in India have termed "Bulldozer Justice," a practice that specifically targets the Muslim minority. 

Authorities had been systematically demolishing the homes and businesses of Muslims using bulldozers, reminiscent of tactics employed in “Israel,” often under the pretext of lacking building permits or as punitive measures against Muslims falsely accused of attempted murder.

The Supreme Court's ruling included two key provisions aimed at protecting the rights of Muslims: first, it mandated a cessation of all demolitions unless explicitly authorized by the court, pending a final decision on lawsuits filed by Muslim individuals at the beginning of October 2024.

The Muslim victims informed the court that they had not received any notice or the "required notice period to contest the demolition orders," as reported by Agence France-Presse (APF).

In a landmark ruling, the court determined for the first time that "alleged involvement in a crime does not provide a valid basis for the demolition of property," thereby dismantling a malicious tool historically wielded by Hindus to exact retribution against Muslims.

Importance of the Ruling

Although the ruling is not final and serves merely as a temporary order from the court, it directs Indian authorities to refrain from demolishing homes claimed to be unlicensed or owned by individuals accused of various offenses. 

This decision represents a significant step in curbing the crimes and barbarism associated with "Bulldozer Justice." 

The same court has previously issued rulings against Muslims, including the demolition of the Babri Mosque and permitting Hindus to pray in mosques on the grounds of alleged temple ruins. 

However, this time the court ordered a halt to the demolition campaign targeting Muslim properties until it reviews a set of petitions challenging the actions in early October 2024.

The judges emphasized that there would be no demolitions across the country without court permission until the hearing on October 1. 

They also clarified that demolitions cannot be justified as "punitive actions" against individuals accused of criminal activities, as such actions violate legal principles.

Judge Bhushan Ramkrishna Gavai, one of the three judges hearing the case, stated, "It can't be demolished even if he's a convict... the demolition can be carried out (only) as per the procedure in accordance with the law.”

During a hearing, the court asserted that this practice amounts to a violation of the laws of the country. The judges added that “Alleged involvement in crime is no ground for the demolition of a property.”

Numerous Petitions

Throughout 2022 and 2023, the Jamiat Ulema-e-Hind (Council of Indian Muslim Theologians)submitted multiple petitions to the Supreme Court. 

They sought orders to prevent local governments from demolishing homes or shops as a form of extrajudicial retribution.

On September 2, 2024, during a hearing for a petition by Rashid Khan, a Muslim autorickshaw driver, the court asserted that punitive demolitions cannot be justified.

Rashid Khan told The Wire, an Indian news website, “How is it justice that a house is demolished because the son of the tenant living in it has committed a crime? I am the owner of the house and the family of the accused was living as rented tenants. Why is the punishment of a crime committed by one person given to me? If the administration says that the house is illegal, why did it wake up just after this incident? They demolished the house on a day’s notice.”

This applies even if the property belongs to someone accused or convicted of a crime. 

Human rights organizations condemned this practice as illegal collective punishment, often targeting the Muslim minority.

The Times of India quoted lawyers and rights activists on September 3, 2024, as affirming that "Bulldozer Justice" represents a grievous injustice that must be curtailed. 

Human rights advocates praised the Supreme Court's initiative to establish nationwide guidelines to prevent states from resorting to "Bulldozer Justice" as a deterrent against crime.

This initiative serves as a reminder to authorities that using bulldozers to demolish homes of accused individuals violates the rule of law.

Advocates called for accountability for those misusing bulldozers to undermine justice.

Indian human rights organizations and the Muslim organization Jamiat Ulema-e-Hind expressed anticipation for the Supreme Court hearing scheduled for early October. 

They hope to impose a "permanent ban" on the barbarism associated with bulldozer demolitions and prevent Hindu state governments from targeting Muslim homes under fabricated pretenses.

The Indian Frontline reported on September 18, 2024, that the Supreme Court's decision to halt demolitions without its explicit order has effectively brought the bulldozer demolition policy employed by extreme Hindu officials to a standstill. 

The magazine noted that the court's reprimand constitutes a significant blow to states adopting demolitions as a strict method of “combating crime,” often at the expense of Muslim communities.

Meanwhile, the Economic Times of India reported on September 24 that Bulldozers have transformed into a partisan tool for mobilizing crowds by the ruling Hindu party. 

The article remarked that "bulldozers, once mere construction equipment, have become symbols of political power in election campaigns." They are utilized by the Bharatiya Janata Party to attract supporters.

The report highlighted the emergence of terms such as "Bulldozer Justice," "bulldozer policy," and "paving your way through bulldozers" in the political rhetoric of both the Congress Party and the Bharatiya Janata Party during elections.

Retaliation, Not Justice

The vindictive actions of Prime Minister Narendra Modi’s extremist Hindu regime against Muslims have escalated, particularly through the demolition of Muslims’ homes and businesses, as reported by the Hindustan Gazette on August 7, 2023. 

Social media in India is inundated with videos showcasing the demolitions carried out under the so-called “Hindu Bulldozer Policy,” which has displaced 250 Muslim families in Haryana.

Hundreds of Muslim families have been left homeless after authorities suddenly demolished their residences, shops, and other structures, blaming them for violence in which they were, in fact, the victims. 

The al-Tahrir newspaper, associated with the Communist Party of India, remarked on September 24, 2024, that what the Hindu government terms "Bulldozer Justice" represents a systematic dismantling of justice in India under Modi's rule.

Le Monde's description of the current Indian political regime as “a form of impunity for power, a growing authoritarianism” reflects concerns about the centralization of power and the erosion of democratic norms. This authoritarian approach can be seen as a means to carry out the project of “new Hinduism,” where the vision is to build a nation by Hindus for Hindus, often prioritizing Hindu identity and culture at the expense of minority rights and secular principles.

bulldozer as both "an instrument of governance and a symbol of Modi's administration," embodying "terror, injustice, impunity, and arrogance" that have become hallmarks of the Bharatiya Janata Party’s tenure. 

It noted that the Indian judiciary has remained conspicuously silent on this erosion of justice, with courts hesitating even to issue temporary orders to halt demolitions under this bulldozer-centric governance model.

The article highlighted a specific brand of bulldozer favored by leaders of the Bharatiya Janata Party, specifically the "JCB" model, which has been described as a "Jihadi Control Board."

The newspaper asserted that these bulldozers cannot be instruments of justice; rather, they are tools of terrorism and destruction, symbolizing a regime that tramples on the very concepts of democracy and the rule of law.

For the Muslim community in India, these rampaging bulldozers serve as instruments of targeted terror and fascist aggression, aiming to compel the largest religious minority in the country into silent submission while fascists strip away their constitutional rights. 

The newspaper explained the intensified demolition of Muslim homes by stating that the Bharatiya Janata Party's governments, frustrated and angry over their loss of majority in the 2024 elections, have launched a retaliatory campaign using bulldozers.

Bulldozer Crimes

The campaign began in 2017 in Uttar Pradesh, governed by Yogi Adityanath, a radical Hindu monk seen as a potential successor to Modi and a prominent figure in the ruling Bharatiya Janata Party (BJP). 

Since then, this brutal practice has spread to numerous other states under BJP control. With the bulldozer employed as a tool of governance in Uttar Pradesh, states like Madhya Pradesh eagerly adopted this destructive model, targeting Muslim properties with alarming fervor.

In an interview with India Today on August 2, 2023, Bittu Bajrangi, a cow vigilante accused of inciting Hindus, called for the implementation of the bulldozer policy initiated by Yogi Adityanath in Haryana. 

Just three days later, demolition operations commenced without any legal warning, as mandated by law.

One glaring example of these targeted demolitions occurred on June 15, when Hindu authorities, with police support, razed 11 Muslim-owned homes in Mandla, Madhya Pradesh, claiming they found beef in the refrigerators.

A mere four days later, Adityanath’s government launched a large-scale demolition campaign in Akbar Nagar, neighborhood in Lucknow, demolishing 1,169 homes and 101 commercial establishments under the pretext of promoting tourism along the riverbank.

On August 22, 2024, the home of the former Chhatarpur district Congress vice-president Haji Shahzad Ali, recently built in Chhatarpur, Madhya Pradesh, was demolished. Authorities accused him of inciting a crowd of Muslims against local police.

In 2022, following inflammatory remarks made by BJP spokesperson Nupur Sharma about the Prophet Muhammad, Muslims in Uttar Pradesh organized a protest. 

In retaliation, authorities demolished the homes and shops of those involved in the demonstration. 

That same year, amid communal tensions in Madhya Pradesh, the government demolished at least 50 homes and shops, all belonging to Muslims.

A report from Amnesty International documented 128 "punitive demolitions" targeting Muslims, particularly in Assam, Gujarat, Madhya Pradesh, Uttar Pradesh, and Delhi, between April and June 2022 alone. 

Human rights organizations report that over 153,000 homes have been demolished in recent years, displacing approximately 738,000 individuals. 

However, the Front Line Defenders organization revealed that a total of 446,254 homes were completely demolished by state authorities governed by Hindus.

In its latest 2024 report, Amnesty International stated that these demolitions form part of a selective and "brutal" crackdown on Indian Muslims who dare to speak out against the injustices they face. 

According to Meenakshi Ganguly, deputy director of Human Rights Watch's Asia Division, Indian authorities are employing "summary and abusive punishments against people, mostly Muslims" through the destruction of their properties, fundamentally violating the principle of justice.