Supreme Court's Stunning Comment on Religious Structures

The Supreme Court of India has today made a significant statement regarding the demolition of religious structures, emphasizing that public safety is paramount. While hearing petitions related to "bulldozer justice," the court declared that any religious building, whether a temple or a dargah, that encroaches on public spaces like roads or railway tracks must be removed. This ruling reinforces India's secular nature and ensures that its directives apply equally to all communities, regardless of religion.

During the proceedings, Justices BR Gavai and KV Viswanathan highlighted that demolitions cannot be justified merely because someone is accused of a crime. The Solicitor General clarified that even serious offences like rape or terrorism do not warrant bulldozer actions against property. The court expressed concern over selective demolitions, where only certain structures are targeted based on the criminal status of their owners. This raises questions about fairness and the need for judicial oversight in such actions.

The court also suggested improvements in the demolition process, including digitizing notices and making them available online to enhance transparency. It stressed the importance of providing adequate notice before any demolition takes place, allowing affected individuals time to make alternative arrangements. This approach aims to prevent any misuse of power by local authorities and ensure that due process is followed.

As the Supreme Court reserves its judgment on this matter, it has temporarily halted all demolitions across the country until further notice, except in cases involving clear encroachments on public land. The decision reflects a commitment to uphold constitutional rights while balancing the need for public safety and urban planning. This ruling could have far-reaching implications for how encroachments are handled in India moving forward.