On Sunday, as activist Javed Mohammed’s home was demolished by the Prayagraj Development Authority, many lawyers and commentators expressed shock. Mohammed is the key accused in organising protests in the city against controversial statements by senior Bharatiya Janta Party leaders about Prophet Muhammad. (The leaders have still been suspended or expelled.)
Mohammed had not been convicted of any crime and Indian criminal law does not permit homes of people accused of crimes to be punitively razed. But in a pattern witnessed in several BJP-ruled states in recent months, municipal violations were cited to swiftly tear down the home of a Muslim person who had been accused of being involved in a protest. Officials claimed that the demolition was completely coincidental and that due process had been followed.
Many observers questioned the silence of the branch of the government tasked with protecting the rights of citizens: the judiciary.
Many observers have why asked the courts, despite several cases pending before them, have done nothing to stop these demolitions even though the political rhetoric makes it clear that they are being used punitively and especially against Muslims.
Not only are these actions illegal, fundamental rights, such as right to shelter, as well as natural justice are at stake, legal experts point out.
The judicial disappointment
On Tuesday,…
