The distinction between punishment and revenge is a critical one that lies at the heart of any just society. While the state has the legitimate authority to punish individuals who breach the law, it does not have the right to act out of revenge. Recent events in Udaipur, Rajasthan, and similar incidents in Madhya Pradesh, bring this distinction into sharp focus, revealing a troubling trend of governments using heavy-handed tactics under the guise of justice. In Udaipur, a schoolboy stabbed a classmate, leading to communal tensions and ultimately, a riot. The law provides a clear path for addressing such crimes. Instead of following this legal procedure, however, the Rajasthan police demolished the boy’s family home with a bulldozer—a response that can only be described as an act of revenge, rather than a lawful punishment. The boy’s parents and siblings, who were not implicated in the crime, were left homeless, punished for a crime they did not commit.
This incident is not isolated. In Madhya Pradesh, similar punitive demolitions have occurred, with bulldozers being wielded not as instruments of law enforcement, but as tools of political power. Such actions raise serious concerns about the misuse of state power, particularly when these demolitions appear to be selectively applied. In state after state, we see a pattern where those in power use bulldozers against certain groups, often ignoring others who are equally guilty of similar crimes. This selective enforcement is a clear violation of the principles of justice and equality before the law. The apex court’s intervention, entrusting the formulation of guidelines for demolitions, is a welcome step. These guidelines will ensure that no person is punished without due process, providing necessary protections such as prior notice, the opportunity to respond, and reasonable time before any demolition is carried out. This is not just a matter of legal formality; it is a fundamental requirement of justice.
The use of bulldozers in these situations is a recent and dangerous phenomenon, reminiscent of extrajudicial practices like encounter killings, which have plagued states like Punjab and Maharashtra. The Supreme Court rightly condemned such practices, emphasising that the rule of law must prevail. The guidelines being developed are a step in the right direction, ensuring that punishment does not become indistinguishable from revenge. The state must always uphold the principles of justice, ensuring that its actions are fair, measured, and in accordance with the law.
