Independent human rights experts have issued a stern warning to the Indian government, urging it to halt its practice of arbitrary and punitive demolitions which disproportionately impact low-income households, minorities, and migrants. The UN Special Rapporteur on the right to housing highlighted that India is at the forefront of illegal home demolitions. Such actions are heavily criticized as a grave human rights violation, exacerbated when targeted toward marginalized communities.
Since 2020, state authorities have increasingly resorted to demolitions following communal violence and protests, affecting over 2,840 properties predominantly owned by Muslims across different states. Organizations like Human Rights Watch have observed that these punitive measures often ignore the rule of law, further perpetuating discrimination against Muslim communities.
Perturbing reports suggest that public authorities and politicians have incited, participated in, or neglected investigations into communal violence, often linked to the ruling Bharatiya Janata Party (BJP). These actions include attacks on mosques, allegedly under the pretense of being “illegal structures.” Marginalized groups, including Scheduled Castes (SCs) and Scheduled Tribes (STs), continue to face caste-based discrimination, compounding issues of access to essential services and places of worship.
The National Human Rights Commission (NHRC) of India, accredited for its adherence to UN-mandated principles, remains active in promoting a human rights-centered approach. Despite this, challenges such as police ineffectiveness and bias against SCs and STs persist. Temporary internet blackouts, used ostensibly for law and order, have been criticized for suppressing dissent.
Legal bodies in India have condemned these demolition practices. A Division Bench of the Supreme Court criticized recent demolitions in Prayagraj, Uttar Pradesh, as “illegal” and “inhuman.” The court ordered substantial compensation for affected victims, marking a significant judicial stance against such practices, viewing them through the lenses of cruelty and torture while emphasizing violations of the right to shelter.
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