Supreme Court halts demolition drives that disproportionately target religious minorities

On 17 September India’s Supreme Court ordered that civic authorities across the country must not demolish any properties, including those belonging to individuals accused of crimes, without its permission until 1 October. The ruling brings temporary relief to religious minorities who have been increasingly targeted with demolition drives in recent years.

The bench, comprising justices B R Gavai and K V Viswanathan, also ordered that this will not apply to unauthorised structures on public roads, railway lines, footpaths and water bodies. A subsequent hearing is scheduled for 1 October and will seek to establish guidelines for demolitions, but the bench has made it very clear that being accused of a crime does not justify the demolition of one’s property.

In recent years, India’s ruling Bharatiya Janata Party (BJP) has actively demolished homes, shops and religious sites, mostly belonging to Muslim communities, in states under its control. Typically the authorities justify these demolitions by claiming that the properties were illegally constructed, however human rights groups have claimed that these demolition drives are selective and seem to be targeting religious minorities.

In February 2024, Amnesty International published an investigation that found that between April and June 2022 there were 128 demolitions carried out in five states targeting Muslims and affecting more than 600 people. In August 2023, following an outbreak of communal violence in Nuh, the Haryana government ordered the demolition of over 1200 properties, mostly belonging Muslims.

On 20 May 2024 approximately 400 Muslim families were evicted from their homes in the Sipajhar region of Assam State. The families received no warning or notice of the evictions, and their homes were subsequently demolished by bulldozers.

There have also been instances of authorities demolishing churches on suspicion of illegal construction. In April 2023 the Nagaland Pradesh Congress Committee accused the BJP of demolishing the Evangelical Baptist Convention Church, the Evangelical Lutheran Church Manipur and Catholic Holy Spirit Church – all in Manipur – as well as a church in Assam State.

CSW’s Founder President Mervyn Thomas said: ‘CSW welcomes the Supreme Court’s order to halt demolition drives which have disproportionately affected India’s religious minorities in recent years. We call on the court to establish clear guidelines that will ensure permanent protection for these communities’ properties and livelihoods at the next hearing on 1 October, and hope that this will mark an important step towards tackling the culture of impunity, religious intolerance and Hindu nationalism that has become far too prevalent in India today.’