Last month, the Supreme Court called a halt to the demolition of properties of those accused of any crime – a policy used by several Bharatiya Janata Party state governments to punish Indians, especially Muslims. With the court poised to lay down guidelines for such demolitions, Scroll’s reporters went back to several victims of “bulldozer injustice” to document the toll of state action on their lives.
In May 2022, a 39-year-old Muslim trader from Assam’s Nagaon district was detained by the police allegedly because he was drunk. The next day, Safiqul Islam was found dead.
An angry mob of residents from Salonabari village, which included Islam’s family members, set fire to the police station where he had been held.
The following day, seven homes – belonging to Islam, his brothers, cousins and uncle – were demolished.
This was the first instance in Assam of “bulldozer justice” – a policy of punitive demolitions used by several Bharatiya Janata Party state governments against those accused of crimes, especially Muslims. There are no provisions in Indian law that allow for such action by the state.
The Nagaon demolitions were an exception in another respect – in November 2022, the Gauhati High Court hauled up the state government for razing the homes, and even ordered it to pay Rs 32.5 lakh in compensation to the victims of this “illegal act”. Demolishing houses “in guise of investigation” was not provided in any criminal law, it said.
The judiciary has largely been reluctant to hold state governments accountable for the many instances of punitive demolitions, even if they amount to collective punishment.
That appears to be changing. In September, the Supreme Court criticised similar demolitions and passed an interim order barring such action without its permission. It also promised to lay down guidelines for the demolitions in later hearings.
“How can anybody’s house be demolished only because he is an accused?” Justice BR Gavai asked.
Islam’s family
For Islam’s family, the chain of events two years ago proved no less than devastating.
Soon after his funeral, his 35-year-old wife Rasida Khatun and eldest daughter, a Class 8 student, were arrested for arson.
Khatun and four others – most of them relatives of Islam – were also booked under the anti-terror law, the Unlawful Activities (Prevention) Act.
Khatun spent 13 months in jail along with her two-year-old son. The couple’s three daughters were sent to a shelter home for five months.
When they were released, they did not have their mother by their side. Nor could they return home, as it had been torn down. “We spent nights at people’s houses and moved from one place to another for months,” said Sabina Khatun, the eldest daughter.
Rasida Khatun was released on bail in June 2023. When she returned to Salonabari, she rebuilt the bamboo-and-tin hut with the help of donations from villagers.
But life continues to be hard. Khatun washes dishes in some houses to earn a living. Her two younger daughters – 12 and 13 years old – often beg at markets and homes.
Looking back at the violence that year, Khatun admitted: “The police station should not have been burnt. It was wrong.”
But she also pointed out: “My husband’s killing, the demolition of our homes, my daughter being arrested and false terror charges on me are also wrong.”
If her husband had broken a law, she said, he ought to have been punished. “I would have gone to court seeking bail,” she said “Why was he beaten up and killed?”
In May this year, Khatun was paid Rs 2.5 lakh as compensation from the Assam government for the demolition of her home – as ordered by the high court. With the money, the family built the boundary of their home.
But it is not adequate recompense, Khatun said. “Even if they give me a crore of money, it will not ease my pain and suffering. Will they return my husband?”
The family has not heard about the Supreme Court’s interim stay on demolitions.
Khatun’s eldest daughter, Sabina, said she wished the court would protect the poor and vulnerable like them. There is increased injustice by the government against Muslims, she said, referring to the incidents in Sonapur and Dhing in Nagaon.
On September 12, two Muslim residents were killed after the villagers resisted an eviction drive. In August, a Muslim man accused in the alleged gangrape of a 14-year-old girl in Nagaon district died in police custody on Saturday after allegedly attempting to escape by “jumping” into a pond.
“Muslims are being killed on any pretext,” she said. “The Supreme Court must ensure that nobody can trap innocent people under false cases. The injustice done to us should not happen to anyone else.”
‘Punish those responsible’
Two months after the demolition, the Gauhati High Court registered a suo motu public interest litigation based on a representation filed by advocate Zunaid Khalid against the Assam government.
The personnel of the Batadrava police station, the petition said, had illegally bulldozed the houses of Islam, his brothers Rofikul Islam and Mujibur Rahman, and cousins Akas and Eman Ali. The homes of Eman Ali’s sons were also demolished.
In subsequent hearings, the Assam government informed the court that an enquiry committee had been formed to look into the incident.
The enquiry report went on to hold three officials responsible – Dhruba Bora, who was Nagaon additional superintendent of police at the time, Tridip Pratim Kumbang, the deputy superintendent of police in Nagaon, and inspector Manoj Rajbongshi of the Nagaon Sadar police station.
A home of 30 years destroyed
A crime is committed by a person, not by his home or family members, said Josnara Begum, the wife of Islam’s brother, Majibur Rahman.
The couple was arrested for arson and their homes demolished. “We built this home over 30 years with our hard earned money,” said Begum. “They demolished it within a day.”
They spent a year in prison, while their five daughters struggled to make ends meet alone.
“If we commit a crime, we should face the trial,” said Begum. “My daughters did not commit any crime, why did they have to suffer?”
Once they were released, they rebuilt their home at the same spot. The family also received Rs 12.5 lakh as compensation in 2024. “That is not enough. We have incurred a loss of about Rs 35 lakh as they…they did not even allow us to take the belongings,” said Rahman. According to Rahman, the police had cordoned off their home before bulldozing it.
The demolition of the home was a violation of all justice, said Josnara Begum. “The Supreme Court should set a precedent by punishing those responsible.”
All photographs by Rokibuz Zaman.
