Supreme Court’s Call for guidelines on bulldozer action highlights need to address illegal construction

The Supreme Court’s recent observation on issuing guidelines for bulldozer action come with a clear message that no religious structures—be they temples or dargahs—should be allowed on roads. The issue of illegal construction of religious sites extends beyond roads, as these structures also encroach upon space alongside railway tracks, forest land, and other public spaces. These sites, often constructed under the guise of faith, are rarely removed despite earlier Supreme Court rulings calling for the removal of religious structures obstructing traffic.

The Court’s earlier orders to clear such illegal constructions have yet to be implemented, raising concerns about enforcement. Along with addressing unauthorized religious sites, the Court also hinted at cracking down on broader encroachment and illegal construction, which continue unchecked with the complicity of government departments that permit rule-breaking construction.

The controversy surrounding bulldozer action has also gained attention, particularly in states where bulldozers have been used to demolish the homes and shops of accused criminals. Authorities justify these actions by stating that the demolitions are due to illegal construction or encroachment, not the accused’s criminal activity. While this reasoning holds some merit, it is widely known that many buildings in India are constructed without proper approvals. Critics argue that bulldozer actions often selectively target the accused while leaving other unauthorized structures untouched, raising questions about fairness and justice.

There is hope that the Supreme Court will address this imbalance, ensuring that all illegal constructions—whether religious or otherwise—are dealt with equally, without bias or selective enforcement.

The Supreme Court, in its deliberation over guidelines on bulldozer action, may help bring clarity and uniformity to the process. If the Court mandates strict, across-the-board enforcement of laws on illegal construction—without exceptions for religious structures or selective targeting—it could ensure more consistent and just application of these measures. The challenge will be ensuring that political, social, or economic influences do not skew enforcement efforts, which is often the case in local governance.

Ultimately, uniform action would mean no one—whether a criminal suspect, a powerful individual, or a religious group—is above the law when it comes to unauthorized construction. It would also involve government departments upholding their responsibility to prevent illegal construction in the first place, not just reacting to it selectively. Whether this will happen depends on both legal reforms and the political will to enforce them impartially.