Author : Bhavya Bharadwaj
The ‘spectacle’ of despair and helplessness ran continuously on the TV screens as the media captured the frenzy and hysteria of the people whose homes and hopes were blatantly ‘razed to dust’. This has been an unprecedented development in the democratic history of India, where the constitutional guarantees granted to citizens were blatantly crushed in broad daylight by an ‘agitated administration’ which conveyed the message that anyone who dares to stand up against the politics of the ruling dispensation, should be ready to pay the price for it. The unleashing of the brute strength of the state in this manner to punish the protesters, not only challenges the idea of constitutionalism but it also signals a ‘new low’ in Indian politics where the adversaries identified by State, are meted out instant punishment without any regard for due process of law.
‘Bulldozer’ has emerged as the trending keyword in Indian politics where the machine has emerged as the symbol of ‘retaliatory punishment’ which can be served by the government without the consideration of any ‘court of law’ and legal provisions. Following due criminal procedure before handing out the ‘sentence to the suspect’, such as investigation, a proper trial, chance to defend himself were and usurped by the administration as per its mighty will and all the constitutional remedies stands suspended.
While Right to Property is no longer a Fundamental Right (44th CAA), currently under Article 21 of the Constitution , Right to Housing has been mentioned as an important element under the broader Fundamental Right of ‘Right to Life’, and evictions and demolition of houses essentially violates a citizen’s right to live with dignity. Art. 300A also states that no person shall be deprived of his property except by authority of law. In this backdrop, the twisting of municipal laws by the government to penalize the ‘protesters’, ‘anti-social elements’ and to strip them of their legal protection is nothing but the high-handed use of power and authority. Moreover, the disproportionate punishment meted out where not only the ‘convict’ but his family is also left homeless is a well-thought move to crush their souls and courage.
At any point, there is not much doubt left that largely the victims of ‘bulldozer politics’ belong to the minority community of Muslims. As Asim Ali wrote for the Print, that with rolling of these bulldozer on their homes, Muslims have been relegated to the status of ‘semi-citizens’ in India where the majoritarian government sees them as a ‘community to be controlled and managed’ and not much as the legal citizens of the land who needs to be ‘negotiated as per the due accordance of law’.
This is just ‘bad politics’ as in its attempt to deal with outrage and dissent with ‘iron fist’ the government might as well just be sowing the seeds of deep unrest, resentment and enomisty. This has many potential dangers as it can tear down the social fabric of India which has been weaved with much care to accommodate the enormous differences and diversity.
Not only this, this also puts at stake the international image of India as a tolerant country, thereby threatening the national interest of the country. Apart from Muslims, it is essentially the marginalized sections such as Dalits and Tribals, for whom the State has shown enough disregard as to not protect their shelter. This raises serious questions as to why in a democratic country, there is such a selective application of laws where the rich and influential are able to easily trespass the same laws that are being used to harass and destroy the lives of the minorities. The ‘selective goodwill’ bestowed by the State in granting citizenship rights, where the exercise of these rights is increasingly becoming contingent upon the ‘mighty will’ of the government.
This signals a very dangerous trend where on the one hand, the judiciary seems increasingly helpless in enforcing the constitutional provisions, on the other end the ‘executive justice’ is celebrated hysterically at the ‘primetime drama’ of the media industry.
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