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Oct

Demolitions : Now UN expert moves Supreme Court

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Syed Khalique Ahmed

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New Delhi | Wednesday | 2 October 2024

United Nations Special Rapporteur on Adequate Housing, Balakrishnan Rajagopal, who is also a professor at the Massachusetts Institute of Technology (MIT), has submitted an intervention petition to the Supreme Court of India. This petition is part of the ongoing case Jamiat Ulama-i-Hind vs. North Delhi Municipal Corporation (Writ Petition (Civil) No. 295 of 2022) and addresses several related matters. Professor Rajagopal’s involvement centers around the issue of housing demolitions, which he argues are a violation of international human rights standards.

Rajagopal has requested the Supreme Court to allow him to contribute by helping develop guidelines for housing demolitions from the perspective of international human rights law. His intervention is significant due to his role as an internationally recognized expert on housing rights, appointed by the United Nations Human Rights Council. His involvement is expected to offer valuable insights into the housing demolitions case.

The petition was filed through Advocate-on-Record Aakarsh Kamra and was drafted by Senior Advocates Vrinda Grover, Soutik Banerjee, and Devika Tulsiani. According to Grover and Kamra, Professor Rajagopal has officially submitted his petition through their representation, and he remains in the United States during the ongoing proceedings.

 

Article at a Glance
United Nations Special Rapporteur on Adequate Housing, Balakrishnan Rajagopal, has submitted an intervention petition to the Supreme Court of India in the ongoing case of Jamiat Ulama-i-Hind vs. North Delhi Municipal Corporation. Rajagopal, a renowned expert on housing rights, argues that housing demolitions violate international human rights standards and requests the court to develop guidelines for such demolitions.
The case involves multiple petitions claiming that state governments are using housing demolitions as punishment against individuals accused of crimes. Rajagopal emphasizes that arbitrary demolitions, especially those targeting minority communities, amount to severe human rights violations. He calls for India to uphold international human rights standards, ensuring fair laws, adequate notice, and fair compensation.
Rajagopal's intervention highlights the urgent need for the Indian government to address these human rights violations, which have resulted in the displacement of over 740,000 individuals between 2022 and 2023, mostly from marginalized communities. He advocates for strict accountability and prosecution of officials who authorize or carry out arbitrary demolitions.

 

The case, currently being heard by a bench of Justices BR Gavai and KV Viswanathan, involves multiple petitions that claim various state governments are using housing demolitions as a form of punishment against individuals accused of crimes. On September 2, 2024, the bench announced its intention to establish nationwide guidelines to regulate housing demolitions. On September 17, 2024, the court issued an interim order prohibiting demolitions across India without prior permission from the Court, except for cases involving encroachments on public roads, railway lines, or water bodies. The next hearing is scheduled for October 1, 2024.

In his petition, Professor Rajagopal emphasizes that arbitrary demolitions, especially those targeting minority communities, amount to severe human rights violations. He argues that when demolitions result in homelessness, they constitute cruel, inhuman, or degrading treatment. Rajagopal’s intervention calls for India, as a member of the United Nations Human Rights Council, to uphold international human rights standards.

While recognizing that some demolitions may be legally justified, Rajagopal insists that authorities must ensure adherence to international human rights standards. This includes applying laws fairly and without discrimination, providing adequate notice and the right to appeal, avoiding forced evictions, and ensuring fair compensation. He further highlights that punitive demolitions, which have caught the attention of the Supreme Court, are clear violations of international law. He asserts that these actions infringe upon the fundamental rights of individuals and undermine their dignity and well-being.

The arbitrary demolition of homes not only disrupts people's lives but also strips them of essential rights and protections. Rajagopal cites General Comment No. 48 from the Committee on Economic, Social, and Cultural Rights (CESCR), which asserts that everyone has the right to security of tenure and protection from forced eviction. Housing, as stated in the International Covenant on Economic, Social, and Cultural Rights (ICESCR), is more than just shelter—it is linked to various other rights such as access to water, food, education, and livelihood.

Professor Rajagopal points out that forced evictions resulting from arbitrary demolitions violate international human rights law. He references United Nations resolutions and General Comment No. 7 from the CESCR, which explicitly prohibit forced evictions. He also cites Article 17 of the International Covenant on Civil and Political Rights (ICCPR), which protects individuals from unlawful interference with their home and privacy. India, being a signatory to both the ICCPR and the ICESCR, is obligated to adhere to these standards.

Rajagopal underscores the government's responsibility to prevent homelessness caused by demolitions. He stresses that if demolitions do result in homelessness, immediate rehousing must be provided. He notes that in cases of punitive demolitions in states like Delhi, Madhya Pradesh, and Gujarat, very few individuals received alternative housing or compensation.

The Special Rapporteur also argues that demolitions should never be used as punishment for the actions of residents, their families, or associates. He insists that such demolitions, if carried out, must be prosecuted as serious crimes. Rajagopal describes punitive demolitions as an aggravated form of home destruction and a grave violation of international human rights law.

Moreover, Rajagopal calls for strict accountability, advocating for the prosecution of officials who authorize or carry out arbitrary demolitions. This is crucial, he says, to ensure that such actions do not occur in the future. He raises concerns about the increasing number of evictions across India, particularly affecting marginalized communities such as Scheduled Castes, Scheduled Tribes, Other Backward Classes, migrant workers, and religious minorities.

In his intervention, Rajagopal presented data on the significant impact of demolitions. Between January 1, 2022, and December 31, 2023, an estimated 740,000 individuals lost their homes due to state-sanctioned demolitions. The year 2023 alone saw more than 500,000 people evicted and over 100,000 homes demolished nationwide. A significant portion of those displaced belonged to historically marginalized groups, emphasizing the discriminatory nature of these actions.

Rajagopal’s intervention highlights the urgent need for the Indian government to address these human rights violations and ensure that its policies are in line with international standards. By doing so, India can protect its citizens’ rights and uphold its commitment to global human rights principles.

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