'Bulldozer justice', the role of mediation centres, and SDM slap row
Nov 15, 2024
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Asad Rehman, a reporter for The Indian Express, delves into the Supreme Court's recent ruling against the controversial 'bulldozer justice' in Uttar Pradesh, shedding light on its political ramifications. Sohini Ghosh, also from The Indian Express, explores the vital role of mediation centers in easing legal disputes and their impact on the judicial system. The discussion also touches on a shocking incident in Rajasthan where an independent candidate slapped a sub-divisional magistrate, sparking protests and controversy.
The Supreme Court's ruling against 'bulldozer justice' aims to uphold due process and protect vulnerable communities from arbitrary demolitions.
Mediation centers serve as effective alternative dispute resolution avenues, significantly reducing court caseloads while fostering amicable solutions to personal conflicts.
Deep dives
Supreme Court Ruling on Demolitions
The Supreme Court has addressed the controversial practice of demolishing properties owned by individuals accused of crimes, stating that doing so without due process violates the rule of law. The court emphasized that property demolition should not occur based solely on alleged criminal behavior and has directed authorities to follow legal procedures before executing such measures. This ruling, spurred by previous incidents, particularly in Uttar Pradesh, serves to prevent the arbitrary destruction of homes, which has been a frequent response during riots or political protests. Notably, the court's decision calls for transparency, requiring proper notice and an opportunity for affected individuals to contest any demolition orders.
Concerns Over Targeted Demolitions
Asad Rahman highlighted that the demolition practices have disproportionately affected Muslim communities, raising concerns about potential systemic bias. Reports and observations suggest that most demolition incidents involved properties owned by individuals from this demographic, particularly in the politically tense environment of Uttar Pradesh. Specific cases brought to light illustrate how demolitions occurred hastily, sometimes targeting homes that housed individuals not even alive. The Supreme Court’s ruling aims to mitigate this trend by ensuring vulnerable communities are protected from arbitrary state actions that may infringe on their rights.
The Role of Mediation in Legal Disputes
Mediation has been identified as an effective means for resolving personal disputes without resorting to the judicial system, allowing individuals to address conflicts more amicably. The process provides a platform for parties in emotional disputes, such as family matters or child custody, to negotiate solutions with the assistance of trained mediators, often in a less formal setting than a courtroom. The Delhi High Court Mediation Centre, for example, has reported a success rate of nearly 25%, indicating its potential in alleviating court burdens. This approach not only fosters cooperative solutions but can also involve unique arrangements, such as allowing separated parents to meet their children in a supportive environment tailored for such interactions.
First, The Indian Express’s Asad Rehman discusses the Supreme Court’s ruling on the practice of ‘bulldozer justice’ and how Chief Minister Yogi Adityanath popularized it.
Next, The Indian Express’s Sohini Ghosh explains mediation centers, how they help people in the middle of personal legal disputes, and how they reduce the court’s caseload (10:35).
And finally, a quick update on the controversy involving an independent candidate from Rajasthan slapping a sub-divisional magistrate (19:48).
Hosted, written and produced by Shashank Bhargava Edited and mixed by Suresh Pawar
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