India: Landmark Supreme Court judgement must serve as a turning point in hate campaign against Muslims’

14 November 2024

Responding to the pan-India guidelines laid down today by the Supreme Court of India to prevent arbitrary demolition of properties in the country, Agnès Callamard, Secretary General of Amnesty International, said:

"This landmark judgement by the Supreme Court of India should put an end to the climate of impunity around the cruel and inhuman practice of punishing people by unlawfully demolishing their homes and properties.

"This landmark judgement by the Supreme Court of India should put an end to the climate of impunity around the cruel and inhuman practice of punishing people by unlawfully demolishing their homes and properties. The judgement reaffirms what Amnesty International has previously documented - that such illegal demolitions often instigated at the highest levels of government against Muslims in particular, have repeatedly undermined the rule of law and due process. Such lawlessness should never have been actioned and celebrated as 'bulldozer justice' in the first place.

"Amnesty International calls on the Chief Ministers of various state governments, including Uttar Pradesh, Haryana, Madhya Pradesh, Maharashtra, Assam, and Gujrat among others, who have partaken in the unconstitutional actions to uphold the Supreme Court guidelines and implement them at the earliest.

"Individuals who have been subjected to forced evictions, collective and arbitrary punishment, in violation of both the Indian constitution and international human rights law, must be provided immediate compensation. Finally, the authorities which were part of the illegal demolition drives must be held accountable.

"We hope this judgement will mark a turning point to deter campaigns of hate, harassment and violence against minorities in India. Never again should such deeply unjust and unlawful actions be repeated in the country."

Background

On 13 November 2024, a bench of Supreme Court (SC) Justices B R Gavai and K V Viswanathan issued the judgement after hearing pleas seeking framing of guidelines on demolition of properties. The apex court noted that an executive cannot become a judge, declare an accused as guilty and demolish their house. Calling such actions 'high-handed and arbitrary,' the court declared them unconstitutional and amounting to "collective punishment"

Previously, Amnesty International had released two reports in February 2024 which documented the arbitrary and punitive demolitions in at least five states in India in a hate campaign against the minority community for protesting discriminatory laws and practices. Earlier this week, Amnesty International welcomed an SC judgment condemning 'bulldozer justice'.