By Syed Khalique Ahmed
NEW DELHI: United Nations Special Rapporteur on Adequate Housing Balakrishnan Rajagopal, a professor at the Massachusetts Institute of Technology (MIT), has submitted an intervention petition to the Supreme Court regarding the housing demolitions case of Jamiat Ulama-i-Hind vs. North Delhi Municipal Corporation, under Writ Petition (Civil) No. 295 of 2022 and related matters.
He has requested the court to allow him to join the team assisting in the development of appropriate guidelines from an international human rights law perspective. Professor Balakrishnan’s petition is particularly significant given his status as an international expert on adequate housing, appointed by the UN Human Rights Council. His expertise will provide valuable insights into the matter at hand.
The petition has been filed through Advocate-on-Record Aakarsh Kamra and drafted by Senior Advocates Vrinda Grover, Soutik Banerjee, and Devika Tulsiani. Advocates Grover and Kamra confirmed to India Tomorrow via phone that Professor Balakrishnan has submitted the intervention application through their representation. Currently, Professor Balakrishnan is in the United States.
A bench of Justices BR Gavai and KV Viswanathan is currently reviewing a series of petitions alleging that various state governments are demolishing the homes of individuals accused of crimes as a form of punishment. On September 2, the bench indicated its intention to establish nationwide guidelines to address these concerns. Subsequently, on September 17, it issued an interim order prohibiting any demolitions across the country without prior permission from the Court, except in cases involving encroachments on public roads, footpaths, railway lines, or water bodies.
The matter is scheduled for the next hearing on October 1, 2024.
Professor Balakrishnan’s petition argues that the alleged arbitrary demolitions represent extreme violations of human rights, particularly when the state targets minority communities. “When demolitions lead to homelessness, they can amount to a violation of the prohibition against cruel, inhuman, or degrading treatment or punishment,” the intervenor stated.
India must uphold international human rights standards
He pointed out his interest in ensuring that India, as a member of the UN Human Rights Council, upholds international human rights standards and aligns its interpretations of these rights with international law. While he acknowledged that demolitions of houses may be legally sanctioned, he argued that, due to their impact on housing loss, authorities must adhere strictly to international human rights standards. He clarified that these standards encompass the “non-selective and non-discriminatory application of laws, adequate notice and the right to appeal, the avoidance of forced evictions and homelessness, as well as fair and adequate compensation.”
He stated that all other demolitions contradict international human rights law, particularly the so-called “punitive demolitions” that have come to the Supreme Court’s attention. “These actions constitute a clear violation of international human rights law and infringe upon the fundamental rights of individuals in India,” he asserted in his petition.
Arbitrary demolitions violate rights to live with peace & dignity
The arbitrary demolition of homes is claimed to violate individuals’ rights to live with security, peace, and dignity. When people are displaced due to these demolitions, they forfeit a wide array of essential rights and protections, undermining their overall well-being and stability.
In General Comment No. 48, the Committee on Economic, Social and Cultural Rights (CESCR) affirms that every individual has the right to security of tenure and to be free from the threat of forced eviction. This is part of the right to adequate housing, which is recognized as a fundamental human right under the International Covenant on Economic, Social and Cultural Rights (ICESCR). The right to adequate housing extends beyond mere shelter; as highlighted in Ajay Maken v. Union of India, it encompasses a “bundle of rights.” These include the rights to livelihood, food, water, sanitation, health, education, and access to essential public services such as transportation, along with political rights.
Arbitrary demolitions amount to forced evictions under international law
Prof. Balakrishnan has stressed that arbitrary demolitions resulting in forced evictions constitute serious violations of international human rights law, as outlined in United Nations Commission on Human Rights resolutions 1993/77 and 2004/28, as well as General Comment No. 7 from the CESCR. Such forced evictions also contravene other human rights standards, including Article 17 of the International Covenant on Civil and Political Rights (ICCPR), which states that “no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.” It is important to note that India is a signatory to both the ICCPR and the ICESCR.
State must prevent homelessness
Highlighting the State’s responsibility to prevent homelessness resulting from demolitions that lead to evictions, he pleaded, “If demolitions result in homelessness, immediate rehousing must be provided without delay. In cases of punitive and discriminatory demolitions highlighted by the Special Rapporteur in 2022—particularly in states like Delhi, Madhya Pradesh, and Gujarat—few exceptions exist where individuals or families received alternative accommodations or even compensation following the destruction of their homes.”
Don’t use demolitions as punishment
Calling for the prosecution of illegal demolitions as serious crimes, he suggested that “demolitions should never be used as punishment for actions committed by a resident, their relatives, or associates, regardless of whether those actions violate any laws. If such demolitions occur, they must be prosecuted as serious offences under the law. Punitive demolitions represent an aggravated form of arbitrary home destruction and are, by their very nature, grave violations of international human rights law.”
Punish officials responsible for whimsical demolitions
Stressing the need for prosecuting and penalizing officials responsible for authorizing or carrying out arbitrary demolitions, he said, “This is a crucial step to ensure accountability and prevent future occurrences.” The proposed intervenor also notes that India has been experiencing a “worrying rise” in evictions, primarily affecting marginalized and impoverished communities in recent years.
In this context, Professor Balakrishnan presented comprehensive data highlighting the impact of demolitions on hundreds of thousands of people. “From January 1, 2022, to December 31, 2023, approximately 740,000 individuals lost their homes due to state-driven demolitions. The scale and speed of these evictions reached unprecedented levels in 2023, with 515,752 people evicted and 107,449 homes demolished nationwide. Notably, 31% of those forcibly evicted during this period belonged to historically marginalized groups, including Scheduled Castes, Scheduled Tribes, Other Backward Classes, nomadic communities, migrant workers, and religious minorities,” he stated in his intervention petition.
