'Dream Of A Home...': SC Quotes Hindi Poet Against 'Bulldozer Justice', Says 'Right To Shelter' A Fundamental Right

Before laying down stringent guidelines for the state governments in demolishing illegal structures the top court quoted Hindi poet Pradeep, emphasising what home means to people.

Supreme Court said that it is not a happy sight to see women, children and aged persons dragged to the streets overnight

Source : Supreme Court Judgment, PTI (modified on canva)

Reiterating that 'Right to Shelter' is part of fundamental Right to Life under Article 21 of the Constitution, the Supreme Court on Wednesday issued pan-India guidelines to curb the "Bulldozer action" taken by state governments like Uttar Pradesh, Rajasthan and Madhya Pradesh as a punitive action against person accused or convicted in a crime. Before laying down stringent guidelines for the governments in demolishing illegal structures the top court quoted Hindi poet Pradeep, emphasising what home means to people.

"अपना घर हो, अपना आंगन हो, इस ख्वाब मेंहर कोई जीता है। इंसान के दिल की येचाहत है, दक एक घर का सपना कभी न छू टे।
(To have one’s own home, one’s own courtyard – this dream lives in every heart. It’s a longing that never fades, to never lose the dream of a home,)" the verdict authored by Justice BR Gavai against "Bulldozer Justice" read. 

He further writes, "This is how the importance of shelter has been described by a famous Hindi poet ‘Pradeep’. It is a dream of every person, every family to have a shelter above their heads. A house is an embodiment of the collective hopes of a family or individuals’ stability and security."

The judgment further quotes an observation by a British Judge Lord Denning while considering the important question as to whether the executive should be permitted to take away the shelter of a family or families as a measure for infliction of penalty on a person who is accused in a crime.

“‘The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter – all his force dares not cross the threshold of the ruined tenement.’ So be it – unless he has justification by law.”

The top court while laying down pan-India guidelines noted that Right to life is a fundamental right and the right to shelter has also been considered as one of the facets of Article 21 of the Constitution.

"In one structure, various people or maybe even a few families could reside. The question that is required to be considered is, as to whether if only one of the residents of such a structure is an accused or convicted in a crime, could the authorities be permitted to demolish the entire structure thereby removing the shelter from the heads of the persons who are not directly or indirectly related with the commission of crime," the verdict read.

The court stated that it is a settled principle of criminal jurisprudence as recognised in our country that a person is presumed to be innocent till he is held guilty.

"In our view, if demolition of a house is permitted wherein number of persons of a family or a few families reside only on the ground that one person residing in such a house is either an accused or convicted in the crime, it will amount to inflicting a collective punishment on the entire family or the families residing in such structure. In our considered view, our constitutional scheme and the criminal jurisprudence would never permit the same," the judgment stated.

The court issued directions to the state and said that it is not a happy sight to see women, children and aged persons dragged to the streets overnight. "Heavens would not fall on the authorities if they hold their hands for some period," Justice BR Gavai said.