December 21, 2024

The Bulldozer Cannot Be Weaponized For State Action

By Our Editorial Team
First publised on 2022-04-14 07:55:52

About the Author

The India Commentary view

View all posts by this Author

After the success of "bulldozer baba" in UP, the ubiquitous demolition machine has made its appearance in Madhya Pradesh after the recent riots. It is very disconcerting that states use their power to ignore rule of law and due process and become judge, jury and executioner to 'punish' those that they think took the law in their hands. Without evidence that has been examined in a court and has been found conclusive enough to punish the perpetrators, states are now veering towards instant justice, the kind hitherto associated with unruly mobs.

But for a democratic nation that swears by the Constitution, has a plethora of laws for almost all kinds of crime and has a well-established judicial system which enforces rule of law and due process, such action against citizens is executive highhandedness of the worst kind. It is unfair as it does not afford an opportunity to the accused to defend themselves. It dishes out 'punishment' for a 'crime' that the executive thinks they committed, without there being a need to let a court examine the evidence, if any.

The MP government has said that it moved against the persons using the MP Prevention of Damage to Public and Private Property and Recovery of Damages Act, and says that the bulldozer was used only against those rioters who were squatting on government land. But why did this dawn on the government only after the riots? If they were indeed squatting of such land, why was action not taken to remove them earlier? The manner in which the government moved against them after the riots shows that there was a desire to 'teach them a lesson'. But such arbitrary action bodes ill for the future as later it might be used against all dissenters. It needs to be stopped. Rule of law and due process must always be followed in all executive action.