India must immediately put an end to its practice of arbitrary and punitive demolitions affecting low-income households, minorities and migrants, independent human rights experts warned on Monday.
“Arbitrary demolitions carried out for purportedly punitive reasons are an aggravated form of human rights violation, and are especially egregious when they target or discriminate against minorities or marginalised communities,” the experts said.
“Demolitions must never lead to homelessness and displacement, and those evicted must have access to adequate alternative housing, resettlement and compensation for any lost housing and property.”
The statement is issued by Balakrishnan Rajagopal, the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context; Nazila Ghanea, the Special Rapporteur on freedom of religion or belief; Nicolas Levrat, the Special Rapporteur on minority issues and Gehad Madi, the Special Rapporteur on the human rights of migrants.
Despite the Indian Supreme Court’s landmark ruling in Jamiat Ulama-i-Hind vs. Union of India and Others, which explicitly established procedural safeguards against arbitrary demolitions, these practices persist.
The experts noted the ruling was a welcome response to a number of petitions, including from Special Procedures mandate holders, seeking action against State authorities using demolition as a punitive measure against individuals accused of criminal conduct. “While victims of what has come to be known as ‘bulldozer justice’ include Hindu families, Muslim communities have been disproportionately targeted, particularly after religious violence or protests,” they said.
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