Indian Chief Justice B.R. Gavai held a mirror to the Modi government over the bulldozing of Muslim homes, stating that housing is a fundamental human right for every citizen and the government cannot deprive anyone of it, as reported by Indian media.
According to details, while addressing an international seminar held in Milan, Italy, Chief Justice of India B.R. Gavai strongly criticized the bulldozer operations. He said that the right to shelter is a fundamental human right under Article 21 of the Constitution, and no citizen can be deprived of this right without due legal process.
Chief Justice Gavai’s speech was titled as “The Role of the Constitution in Providing Social and Economic Justice in a Country: A Review of 75 Years of the Indian Constitution.” In his address, Justice Gavai referred to a recent Supreme Court decision on bulldozer actions.
The decision stated that demolishing the home of an accused or convict merely on the basis of being named in a case is not only illegal but also amounts to collective punishment for the entire family.
He clearly stated, “The executive can neither become a judge, nor a jury, nor the sole authority to decide the punishment. No democracy can survive without the rule of law.”
The Supreme Court had made it clear in a case last year that a house is not merely an economic investment, but a culmination of years of hard work, dreams, and hopes. For an ordinary citizen, it is the greatest asset of their life.
In recent years, several states in India have seen police or municipal authorities demolish the homes of accused individuals or protesters under the name of “bulldozer actions,” many of whom were Muslim families.
These actions were carried out even before court rulings, drawing severe criticism from human rights organizations and constitutional experts. Chief Justice Gavai’s speech serves as an important constitutional reminder in this context.
