Demolition of illegal structures of accused

Uttar Pradesh and Karnataka, Haryana have laws in place for the recovery of damages to the property during a disturbance. From the administrative point of view, it may appear to be reasonable but it also endangers the fundamental rights of citizens.

Ethical issues in demolition of illegal structures: 

• Fairness: It involves a procedural requirement. It is also known as substantial justice or fundamental justice/ Universal justice or fair play in action.  Action should not be taken based on political vendetta. 
• Impartiality: The principles of natural justice should be free from bias and parties should be given a fair opportunity to be heard and all the reasons and decisions taken by the court should be informed by the court to the respective parties. 
• Resorting to the destruction of the properties of alleged wrongdoers by means of bulldozing is clearly against our constitutional ethos and the criminal justice system, as also in violation of the rights of accused persons.
• Violation of Right to Property: According to Article 300A- No person shall be deprived of his property save by authority of law. However, actions which take away a person's property without accordance with an Act or Rules or other statutory instrument passed by the central or state government, are violation of Right to Property.
• Absence of law for demolition: In any case, even if certain people are ordered to pay compensation under the rule of law and their properties are attached to ensure payment is made, there is no provision in the law for the demolition of properties.
• Neither the Parliament nor any State Legislative Assemblies, allow the demolition of property of those accused of being involved in riots and damage to public/private property.

Conclusion:

• Any country which doesn't want to be a dictatorship or a feudal monarchy has to follow the laid principles of natural justice. These principles find their mention in the “Magna Carta” which argues in favour of the trinity of “hear, interrogate and adjudicate.” 

• The contentious practice of using bulldozers to pull down residential and commercial properties of persons “suspected” goes against the spirit of impartial justice and results in irreparable harm to the residents of the area.