International law should be used by courts to combat 'bulldozer politics'

 

The Yogi Adityanath government's mastery of "bulldozer justice" in Uttar Pradesh is a direct attack on citizens' fundamental constitutional rights. The way the BJP leaders are rationalising the demolition efforts, portraying them as strong measures against antisocial groups, is disgusting.

The most recent incident involves the burning down of the Prayagraj home of political activist Mohammad Javed, who was charged with complicity in the 10 June violence following Friday rallies against BJP spokeswoman Nupur Sharma's statements about Prophet Muhammad.

In the continuing bulldozer campaign, there is a clear and heinous pattern. Bulldozers are being utilised to selectively punish members of the Muslim minority in an environment where municipal and urban planning laws are routinely broken. Violence erupted across India as part of the ongoing protests over the Centre's Agneepath project. Damage is occurring to both public and private properties.

Washington Post urges US to take a stand on "Rising Islamophobia" in India.
BBC & France 24 question Indian democracy over UP 'bulldozer politics'.
BJP govt's persecute & prosecute domestic protests against illegal demolitions.
Hearing the world? https://t.co/Wc7l0oVWjr

— Sitaram Yechury (@SitaramYechury) June 16, 2022

However, no such action has been taken against protestors, the bulk of whom are members of the majority group. It's worth noting that, according to Article 300 A of the Constitution, no one can be stripped of their property by force of law. Article 21 of the Constitution recognises the right to housing as a fundamental right.

It is also a well-documented right under international human rights law, which India is bound to follow. The courts, as custodians of constitutional order, should employ international law to combat nationalist-populist rhetoric. Any rationale for a demolition drive as a punitive response to a criminal act violates accepted criminal justice canons.