“Public safety is paramount. Religious structures, be it a temple or dargah, cannot obstruct the public.”
In a momentous judgment on October 1, 2024, the Supreme Court of India re-stated the country’s secular tapestry, declaring that its directions or orders on bulldozer actions or anti-encroachment drives will be invariably applicable irrespective of the religion of the persons concerned. The bench made it clear that where a structure obstructs a road, water body, or railway line giving access there, public safety will be placed over any religious structures; no exception will be made because of religion.
Legal Process of Anti-encroachment Across India: The bench by Justice B.R. Gavai continued to say that India is a secular country and the rule of law should prevail while dealing with unauthorised constructions. The court orders would apply to all buildings, whether temple, dargah, or gurdwara. The bench noted, “If there is any religious structure in the middle of the road, be it gurdwara, dargah, or temple, it cannot obstruct the public. Public safety is supreme.” This affirms the commitment to treating all religions equally in the eyes of the law.
The decision was based on a suite of litigations infused with a counterchallenge on the legality of demolition actions, commonly known as “bulldozer actions,” by local authorities without adequate notice or legal grounds. The Supreme Court asserted its presence and, indeed, very forcefully said, “Demolitions shall not be ordered solely based on the alleged or convicted crime of the accused.” The court noted that demolition should proceed if it has been undertaken in violation of any civic law and no other circumstances concerning the guilty party’s identity or status as an accused person.
Furthermore, the court explored the questions that came to the surface about such actions and insisted upon them having the prime consideration. The court proposed a system where openness would be assured so that all the notices associated with demolitions should be accessible with ease on online platforms. It also proposed a moratorium between the time the demolition is ordered and when it will be carried out. This time would allow the persons affected to seek relief in a court of law and allow time to make other arrangements. This would assure citizens’ rights while providing a general net of public safety.
This ruling has sweeping ramifications for anti-encroachment drives across India, which will have to invariably adhere to the established civic laws, ensuring a uniform and secular approach to demolitions. The court’s emphasis on judicial oversight in such matters and a premium on transparency and fairness is an incremental step towards maintaining a proper balance between public safety and individual rights.
The Supreme Court’s verdict comes at a time of growing political and social tensions involving the demolitions of properties always viewed as targeting some specific communities. By reiterating India’s secular ethos and ensuring nondiscrimination among all religious communities before the law, the court has sought to assuage apprehensions of bias and engender a more just approach to managing encroachments. This landmark decision will have far-reaching implications for how authorities handle illegal constructions and encroachments.
“For more updates and insights on recent legal and political developments, check out this important piece of India News highlighting the Supreme Court’s stance on secularism and uniform application of law.”
