In a significant ruling today, the Supreme Court of India asserted that public safety must take precedence, declaring that any religious structures encroaching on roads, water bodies, or railway tracks must be removed. The court emphasized that India is a secular nation and that its directives regarding demolition and anti-encroachment operations apply to all citizens, regardless of their religious affiliations.
The comments came from a Supreme Court bench comprising Justices BR Gavai and KV Viswanathan, who were hearing petitions contesting the controversial bulldozer actions directed against individuals accused of crimes. This phenomenon, often termed “bulldozer justice,” has gained traction in various states across India. State authorities argue that these demolitions only target illegal constructions.
Solicitor General Tushar Mehta, representing the states of Uttar Pradesh, Gujarat, and Madhya Pradesh, was questioned about whether being accused of a crime could justify bulldozer actions. He firmly stated, “No, absolutely not, even for serious offenses like rape or terrorism.” He added that any demolition notice should be issued in advance, not just one day prior.
The bench highlighted the existence of different laws governing municipal corporations and panchayats, advocating for the establishment of an online portal to enhance transparency. This would ensure that residents are informed about regulations and actions related to encroachments.
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Mehta expressed concern that the court’s directions might stem from isolated incidents suggesting that a particular community was being targeted. In response, the court reiterated its commitment to secular principles, asserting that its directives apply universally. “If there is any religious structure obstructing a public road—whether it be a gurudwara, dargah, or temple—it cannot impede public access,” the court stated.
Justice Gavai emphasized the need for a uniform legal framework regarding unauthorized constructions, asserting that such laws should not be influenced by religion, faith, or belief systems. This ruling reinforces the court’s stance on balancing religious considerations with public safety and the rule of law in India.