A due process of punishment as codified in Indian Penal Code – An analysis of bulldozing of houses in M.P in special reference to International laws 

21 Apr A due process of punishment as codified in Indian Penal Code – An analysis of bulldozing of houses in M.P in special reference to International laws 

A due process of punishment as codified in Indian Penal Code – Today Current Affairs

Context : 

Recently it has been seen that the administration generally demolishes the houses of any accused before trial. After the communal clashes erupted in Khargone of M.P. The bulldozing of houses in M.P. was to impose collective punishment on the alleged rioters

Today Current Affairs

Introduction : 

• Now a  new debate has erupted in the country whether the right of the punishment exists in the hands of the executive without the consent of the Judiciary. Without any trial whether the punishment is not the violation of codified law . Without listing the favor of the accused , is the punishment not the violation of Natural justice ?. By 20th April 2021 , on the grounds of encroachment , a demolition drive was done in Jahangirpuri, Delhi without giving any prior notice and finally our honorable supreme court had to interrupt and issued an order to stop such demotion drive . Whether such types of activities are a violation of International law or not ? Whether these drives do not violate the right to life (Article 21 of the constitution) must be the subject of debate and honorable court should give a clear verdict in this regard. The Hindu Analysis
  
• The bulldozing machines— the new symbols of brute state power — are not just demolishing houses and shops but also bulldozing the rule of law and our constitutional order. This idea of serving ‘justice’, quick and cold, through bulldozers emanated in Uttar Pradesh.  However these types of activities have been institutionalized through  the enactment of the Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020. 

Right to adequate housing : The Hindu Analysis

• Under the article 21 of the Indian constitution , the right to housing is a fundamental right  and at international level Article 25 of the Universal Declaration of Human Rights (UDHR) states that “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care.
•  Similarly Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) recognizes “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions”. 
• There are several international laws through which these types of rights should be protected . The demolishing of the house without any proper verdict is against these such laws and this type of demolish drive definitely encourages the police state .  The Hindu Analysis
  
• The United Nations (UN) Human Rights Office  has elaborated on the content of the right to adequate housing which should not be violated as being the member of United nation and  a democratic country 
• The UN Human Right described the protection against forced evictions’ (Article 1.1 of ICESCR, International Covenant on Economic, Social and Cultural Rights). This article states that the forceful evictions permanently or temporarily should not be done against the will of the individual without any due process . Prior information must be given before the eviction . Without providing alternatives to the individual, forced eviction is completely prohibited in international laws .  The right to adequate housing also entails freedom from arbitrary interference with one’s home, privacy, and family. The Hindu Analysis
  
• Being a democratic country India hs incorporated these international laws The apex court in cases like Bachan Singh vs State of Punjab, Vishaka vs State of Rajasthan, and recently in the famous Puttaswamy vs Union of India has laid down the principle that the fundamental rights guaranteed under the Constitution must be read and interpreted in a manner which would enhance their conformity with international human rights law. As the custodian of India’s constitutional order, it is high time that the judiciary acted and imposed necessary checks on the unbridled exercise of power by the executive.

Today Current Affairs

Conclusion 

As per the above discussion it can be said that the bulldozer drive must be evaluated on the ground of its merit . We are residing in a democratic state and Rule of law is there . We are not residing in a police state . Executive can never be dictate in democratic state. Executive must follow the due process of legality and our court should punish those concerned persons and authorities who violate the due process of law as well as international law and fundamental rights guaranteed by the Indian constitution . Democracy and human rights are an intact element of India. Therefore, being the guardian of the constitution, the court should take action against these illegal drives of bulldozing . 

In this article we mention all information about A due process of punishment as codified in Indian Penal Code  Today Current Affairs.

Source : The Hindu 

GS paper II

plutus ias daily current affairs 21 April 2022 Hindi

Dr. Anshul Bajpai

Plutus IAS Current Affairs Team Member