PUCL Slams Bihar Govt Over Bulldozer Demolitions, Demands Legal Action

Patna: People`s Union for Civil Liberties (PUCL) on Monday lashed out at Bihar`s new NDA government for allegedly demolishing the homes of the poor and the shops of vendors using bulldozers and demanded legal action against the officials and individuals concerned.

Condemning the recent anti-encroachment drives carried out in Patna, Gaya, Begusarai, Nalanda and other places, general secretary of PUCL`s Bihar unit, Sarfaraz, asked whether any valid notices were issued to the affected people prior to demolition. He asserted that these actions had raised serious questions for the democratic system and the welfare government. He also pointed out that the Supreme Court, in its earlier orders, had clearly stated that "the demolition of any house without due process, without a hearing, and without giving time was unconstitutional".

“Supreme Court has clarified in many judgments that the right to housing is an essential part of the right to life. A house is not just property, but a right linked to human dignity, security, and social stability. Taking away a home without proper legal procedure is a violation of Article 21,” he added.

PUCL also asserted that it was important to note that the Supreme Court had also clearly outlined the entire standard operating procedure (SOP) for removing encroachments, which included stages like notice, hearing, appeal, etc. No government department can arbitrarily evict a person or family from their place, he added. “If this happens, it will also be considered a disregard for the Constitution,” PUCL general secretary claimed.

PUCL also asked the state government whether there was a hearing and did the order state why demolition was the only option. “Did the vendors receive an alternative site? Were video recordings and a panchnama (report of witnesses) made? If not, this is a violation of Articles 14, 19, and 21 of the Constitution,” PUCL added.

“PUCL is of firm opinion that governance in India runs on law, not on a bulldozer. Demolition without due process is unconstitutional, illegal, and punishable. Justice comes through judicial process, not through a show of strength,” he added.

“We demand that this unconstitutional and anti-people process be immediately stopped, and the role of government employees concerned and any person holding a constitutional post in this process, should be investigated. If found guilty, they should be punished under the law,” he added.