India’s Supreme Court recently rendered a landmark judgment which put an end to the much-criticized bulldozer justice meted out by authorities, who, using this modal with impunity, have been razing homes of those accused of participating in protests or having criminal backgrounds, especially in BJP-ruled areas.
The decision is one step forward, but for many families like that of activist Afreen Fatima, it comes without any information on what has happened to those whose homes have already been bulldozed.
Their home was demolished in Prayagraj, Uttar Pradesh, over the summer of 2022 as part of a series of demolitions, after she and her father, Javed Mohammad, were named in a case where he is accused of participating in violent protests.
Mohammad denies the charge and has not been convicted. The family has continued litigating in court, but no provision was made in the court ruling to pay compensation or redressal to the victims of such demolitions who had already suffered.
The family of Fatima had to shift twice after Mohammad was arrested. They have managed to find a new home but Fatima describes it as “an adopted space”: some other home that does not hold the same memories and warmth as the house they originally lived in.
The family took the worst emotional shock as they recalled what they lost in the demolition, especially personal belongings and memories where they used to live. “All of that was gone,” says Fatima regarding goods and memories of their old home “indescribable”.
Others, like Reshma from Rajasthan, are facing a similar trauma. Her house was bulldozed last September after her brother allegedly stabbed his classmate. She and her family have since tried living in a small shack with no legal resolution on the horizon. “We’re practically on the streets, with nothing and no one,” she said, disappointed by the ruling of the Supreme Court since it does not seem to seriously address the support for the displaced.
Legal experts, though, say that the judgment may carry implications in future cases relating to the very kind of demolitions, asking the courts to ensure that due process has been followed even while “demolition authority” goes about its business. A senior Supreme Court lawyer, CU Singh, pointed out that the guidelines could change the handling of the pending demolition cases with the victims being given a fair hearing.
Still, Fatima cannot help but think that the decision will not be long-lasting on its own. Neither is there any talk of a clear plan for people like her. However, her father is hopeful. In fact, he calls the order of the court historic. “We are building lives again and renovating our memories,” he says, juggling his footsteps to make sure instead of getting buried in the past, he must march forward.
While this ruling is a victory to so many people, others are left struggling with loss of home and uncertain futures. Without compensation or reparation of people, this fight for justice and rebuilding to so many people stays alive.