Supreme Court Warns Against 'Collective Punishment' in Property Demolitions

The Supreme Court of India ruled that demolishing a house solely because a resident is accused or convicted of a crime constitutes 'collective punishment' for the entire family. The Court issued guidelines emphasizing the socio-economic impact of such actions, advocating for more balanced legal proceedings.

The Supreme Court of India has deemed the demolition of homes based on a resident's criminal status as a form of 'collective punishment,' affecting not just the accused but their entire family. This significant ruling was delivered by a bench of Justices B R Gavai and K V Viswanathan, who laid down national guidelines for property demolitions.

The Court highlighted the socio-economic dimensions of home ownership, asserting that for the average citizen, a house represents years of hard work and dreams. It stated that demolition should not be based solely on a resident's criminal charges, as such actions may indicate imminent 'mala fide'.

Furthermore, the Court asserted that the right to shelter is an essential aspect of protection under Article 21 of the Constitution, embodying stability and security for individuals. Authorities must explore alternatives, like partial demolition or compounding, before opting for such an extreme measure, ensuring decisions align with the rule of law.