Islamophobia in India (Part 1) – “illegal demolitions”

Indian criminal law, as well international law, does not allow penalising an accused before trial by punitively razing their home. It is a violation of international law to arbitrary interfere with an individual’s right to property (Universal Declaration of Human Rights, Article 17). Nevertheless, recent months have witnessed a noticeable pattern in many BJP-ruled states (such as Uttar Pradesh, Madhya Pradesh and Gujarat) of several residential houses and shops belonging to Muslims being torn down in the aftermath of protests. There have been many provocative measures and attempts to instigate response and violence from Muslim neighbourhoods. The police and the state have showed a vengeful attitude in any event of protests and have also failed to stop Hindu mobs from attacking Muslims, brandishing swords and desecrating mosques. Is the purpose to appease the BJP’s Hindutva vote-base?

In the April of this year, Kapil Mishra, a party leader of BJP, had threatened, “the houses where the stones have come from will be turned into a pile of stones themselves.” The Home Minister, Narottam Mishra, remarked, “If Muslims carry out such attacks, then they should not expect justice.” The implication is that the government is assuming guilt even before trial. It is attempting to marginalise India’s 200 million Muslims and suppress any dissent by casting fear in the minds of its citizens and, if needs be, stripping them off their basic human rights. Is this an instance of “collective punishment” against Muslims?

The technical justification given by officials for the demolitions has been that these constructions were illegal. Firstly, however, according to municipal laws, adequate notice must be served, and hearings must be held before any demolition (Section 27 (1 & 2) of Uttar Pradesh Urban Planning and Development Act, 1973). Here, all such properties demolished have belonged to Muslims and no prior notices had been served to them. The demolitions are clearly being used punitively and as a punishment, particularly against Muslims, for protesting. Many victims have claimed to have all their property papers but, as according to one victim, ‘the police came out of nowhere, refused to listen to me and snatched my home’. Secondly, for even illegal constructions, this is a most drastic step when there are other options available too, under the state law, for violations, such as imposing a fine to be paid [Madhya Pradesh Municipal Corporation Act, 1956). Thirdly, in several recent cases, the demolished properties do not even belong to the person accused of protesting or rioting. We will observe these violations below in the case of Afreen Fatima’s house.

The distressing images of huge yellow JCB bulldozers ploughing into neighbourhoods and razing homes, while weeping and stunned poor families helplessly stare, have flooded social media then, including in April, and also now, in June. Lately, the homes of several Muslim activists have been demolished by Prayagraj Development Authority for being allegedly involved in protests against derogatory remarks about beloved Prophet Muhammad (Peace Be Upon Him) by former spokesperson, Nupur Sharma, and media chief of Narendra Modi’s Hindu nationalist Bharatiya Janata Party. The chief minister, Yogi Adityanath, had ordered the demolishment of any “illegally built” property and houses of those accused of involvement in the protests. Hundreds of people have been arrested, many have been tortured [and are being treated for various injuries], and some have even been killed with gunshot wounds from the police – in UP alone in relation to the protests. In some states, such as West Bengal, an emergency law was enforced to prohibit public gatherings.

Some of the houses bulldozed belonged to those accused of throwing stones. Recently, the residence of a student and activist, Afreen Fatima, was demolished by the Uttar Pradesh government. Firstly, however, although a notice served was addressed to Javed Mohammad (Afreen Fatima’s father), the property bulldozed belonged to Parveen Fatima (her mother). Secondly, the property stood in place for two decades in her name [as was gifted to Afreen’s mother by her grandfather] with all taxes paid, but the family had never previously received any official notice from the authorities that the property was ever “illegally built.” Thirdly, the family were not even given an opportunity to be heard before their residential home was razed. The demolition, here, was not only against Section 27 (1 &2) of UP Urban Planning and Development Act, but undermined a whole process mandated by the Section before any demolition.

The Supreme Court, however, has been silent on the recent events in Uttar Pradesh and failed in its duty as the “custodian of the Constitution” to intervene and stand up to uphold Indian law and international law and protect the rights of citizens, including right to property and shelter and natural justice. The right-wing government has been responsible for disproportionately punishing people of a community without even following no due process or consideration of their rights. These demolitions are against every principle which constitutes the rule of law. Does this not set a very dangerous precedent? We have already witnessed the kind of politics played in UP then also played in Madhya Pradesh. The threat issued by BJP members implies that anyone questioning or challenging them will have their homes, livelihood, careers and rights taken.

In recent days, several lawyers, judges, former judges, legal experts and senior advocates have challenged these demolitions, issued notices, and urged the Supreme Court and [Madhya Pradesh and Uttar Pradesh] High Courts to accept responsibility, stop “illegal demolitions” and to even reconstruct homes bulldozed unduly. The Supreme Court has not yet instructed the government to stop such demolitions. Though it is very unlikely, the court should have taken suo motu action on the demolitions, to uphold the due process of law and protect right to property. There is a great risk and danger about such demolitions being conducted in other states in the future. If possible, the people whose properties have been razed should approach the court [to create a record] and ask for compensation. The court must then secure compensation [while adjudicated at an individual-level] and order criminal prosecution for officials guilty of these illegal demolitions and of using undue, excessive force.

Posted in General on 22nd Jun 2022 by Our Imam | 958 Views