What is the bulldozer policy in UP?

Author: May

Mar. 07, 2024

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Tags: Machinery

Use of bulldozers in Indian politics

The bulldozer[a] found its way into the election and political lexicon of Uttar Pradesh and further across India after its massive political use by UP chief minister Yogi Adityanath of the BJP. While bulldozers are routinely used across India to remove illegal constructions, the bulldozer in this case has been used as an extrajudicial tool and a power statement against criminals, communal violence rioters and accused criminals.[opinion] Following its usage in political messaging in Uttar Pradesh, the bulldozer was used in Madhya Pradesh to convey political messages aimed at showing a strong stance against criminals. Narratives conveyed that a lot of the usage of the bulldozer was itself communal in nature. Critics argue that giving up on the rule of law and adopting "bulldozer justice" is the initial move toward an authoritarian society. In such a society, the safety, life, and liberty of individuals would depend on the arbitrary decisions of state officials.[5]

Its rhetoric usage by Adityanath started following the commencement of his first term in office from March 2017. By 2020, property belonging to numerous criminals such as Vikas Dubey, as well as politician-strongmen and gangsters Mukhtar Ansari and Atique Ahmed had been demolished using bulldozers. The action against Dubey started after he and his associates killed eight policemen in July 2020 during an attempted arrest. The UP government vowed to free up 67,000 acres (270 km2)[b] of government land and other illegally occupied land by land mafia, issuing certain directives related to the use of bulldozers and also warned of their misuse. Adityanath began his second term as chief minister in March 2022. In a similar manner, the chief minister of Madhya Pradesh, another state with a BJP-based CM, began usage of the bulldozer in March 2022 against properties of the mafia, accused rapists and rioters. By late April 2022, bulldozers had also been used on the property of rioters in Delhi and Gujarat, with politics and legal issues ensuing, including over anti-encroachment drives in a BJP-held municipality in Rajasthan, an otherwise Congress-ruled state. In Uttarakhand, rioters during Hanuman Jayanti processions were threatened with bulldozers parked in the vicinity of property owned by the accused.

Course of events

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Uttar Pradesh

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Usage against criminals

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Yogi Adityanath started his first term as the Chief Minister of Uttar Pradesh in March 2017. His first announcement was that his government would clean up the law and order situation in the state among other connected issues.[6] An anti-mafia task force was set up and political messaging included statements such as "Leave UP or go to jail".[7][8] It was in September 2017 when Yogi first warned that he would bulldoze properties of those involved in crime, "My government will bulldoze houses of anyone even thinking of perpetuating crime against women and weaker sections of the society", adding that it would take some more time to reel in other criminal elements.[9] Uttar Pradesh police had already started taking action against criminals[c] with a number of them dying in police encounters.[9]

By the end of 2020 properties had been demolished.[d][10][11] In July 2020 history-sheeter and crime boss Vikas Dubey's house was demolished along with four vehicles.[12] A few days eight policemen had been killed in an attempted arrest in which Dubey was the main accused.[13][14][15] Vikas Dubey would go on to die in an encounter after the police vehicle carrying him met with an accident.[16] In August 2020 Mukhtar Ansari, a criminal turned politician, connected properties were razed.[17] A government spokesperson explained that the property had been constructed on property of migrants in Pakistan.[17] Ansari's sons property was razed.[18] This involved 250 policemen and 20 bulldozers.[18] Part of a hotel he owned was demolished following a decision taken by an administrative board including the district magistrate.[19] In September 2020, properties connected to Atique Ahmed were demolished.[20][21] This includes Mohamed Zaid's two-story house built in 2015 over 600 square yards. 6 bulldozers took 5 hours.[20] The reason given for demolishing the building was that the blueprints of the building were not cleared by local authorities before construction.[20] A number of other structures, illegal constructions, or belonging to known gangsters were also raised.[22][23][24][25] This number increased by the end of 2021.[14] In February 2021, Yogi stated that 67,000 acres (270 km2) of land had been freed from mafia control.[26] Yogi said that the illegal properties that are being seized and bulldozed will be replaced by new houses for the Dalits and the poor, playgrounds and other social needs,[27][28][29] and warned the mafia of harassing the poor, farmers and traders.[30] Public response within Uttar Pradesh in relation to the use of the bulldozer has been mixed.[31] The Yogi government has also warned about the misuse of bulldozers.[32][33]

Elections

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We have a special machine which we are using for building expressways and highways. At the same time, we are using it to crush the mafia who exploited people to build their properties

Yogi Adityanath, during state election campaigns, 2022[1]

Yogi Adityanath went on to use the bulldozer in his election campaign for the 2022 Uttar Pradesh Legislative Assembly election held between 10 February to 7 March 2022. This earned him the tag "bulldozer baba".[34][35] The term had initially been used as a taunt by an opposition party.[3][36] In some rallies Yogi also mentioned "bulldozers taking rest".[37]

Madhya Pradesh

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Shivraj Singh Chauhan, the chief minister of Madhya Pradesh, another state with a BJP CM, went on to use the bulldozer in a similar manner was seen in Uttar Pradesh.[38] By 19 March, CM Chauhan had ordered the use of the bulldozer against property of the mafia as well as against gang rape, rioting and kidnapping accused in Seoni, Sheopur, Jaora, Shahdol and Raisen.[39][40] The Shahdol rape incident took place on 16 March and the house of the accused was demolished on 22 March. This was following an investigation by the chief municipality officer who found a number of illegalities in the construction of the house.[39][41][42] Following clashes on Holi in Khamriya village of Raisen, the administration used bulldozers to demolish encroachments of accused rioters.[43][44] Many of alleged perps were of a "particular community".[38] In a similar manner as the tag given to Yogi "bulldozer baba", banners were seen in Bhopal with "bulldozer mama"[e] written and an image of CM Chauhan and a bulldozer in the background.[40][45]

Following a rape incident on 28 March in a government guesthouse in Rewa, CM Chauhan ordered a bulldozer to be used against the house of the accused, a Mahant.[46] Following clashes in Khargone on 10 April 2022, Ram Navami, 16 houses and 29 shops were demolished by Chouhan's government.[47][48] Some of the demolished buildings were constructed under the government housing initiative Pradhan Mantri Awas Yojana.[1]

Ram Navami and Hanuman Jayanti violence in April 2022 10 April Khargone, MP;[48]
Howrah and Bankura, WB[49] 11 April Khambat, GJ;[50][51]
Lohardaga, JH;[52]
Baina, Vasco, GA [53] 16 April Jahangirpuri, DL;[48]
Hubli, KA;[54]
Bhagwanpur, Roorkee, UK[55][56] 17 April Holagunda, Kurnool, AP[57] 18 April Amravati, MH[58] In Bold are locations where bulldozers were used in response. In Italics a threat to use bulldozers was seen.

Karanataka and Uttarakhand

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On 16 April, localized riots took place in Hubli, Karnataka.[59] Following violence, there were calls in the state demanding "bulldozer" form of justice.[60][61][4] On the same day violence was also seen in Uttarakhand's Bhagwanpur region. In the following days bulldozers were seen in proximity to properties of the riot accused.[55][56]

Jahangirpuri

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On 20 April, following communal violence in Delhi's Jahangirpuri, local authorities issued demolition of certain structures in an eviction and anti-encroachment drive.[62] The Supreme Court of India intervened to stop the demolition.[63] Supposedly the Supreme Court had to give the orders twice as demolition continued for around an hour after the first order.[64] Street carts were also destroyed with bulldozers.[63] Residents said that even registered buildings were damaged.[63] Nine bulldozers were seen in the area and 20 structures destroyed.[1][65] A political blame game ensued.[66][67]

Rajasthan

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On 22 April, bulldozers were seen demolishing some shops and three temples in Alwar, Rajasthan, a Congress led state but in the BJP held municipality of Rajgarh.[68][69][70] Local administration said that consensus had been achieved in the destruction of the shrines, including one which had been built on a drain, and that it was part of an anti-encroachment drive and the shrines would be rebuilt on "non-controversial land".[70] During another anti-encroachment drive the next day a gaushala was part of the removed structures and cleared land.[71][72]

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On Jahangirpuri

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Tushar Mehta, on behalf of North Delhi Municipal Corporation, stated that the Delhi Municipal Corporation Act provides for removal of "stall, chair, bench, box, ladder, bale" without notice. Just as Ganesh Gupta's juice shop was removed without notice, everything on public land was removed. In the case of buildings, notices were given. Further the law provides some days and appellate remedy in the case of building as per the Act.[73] As "houses and other permanent structures were targeted" Advocate Dushyant Dave raised this as a primary point before the court.[74]

Reactions

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Farm leader and national spokesperson of the Bharatiya Kisan Union (BKU) Rakesh Tikait warned the government that if the unjust use of bulldozers doesn't stop, tractors will be used by farmers to stop them.[75] Opposition leaders in response also stated the headquarters of BJP should be demolished and that it was BJP who allowed illegal constructions in Delhi in areas they had held for years.[76][77] Akhilesh Yadav said that BJP should make the bulldozer its emblem and that it was distracting the Chief Minister from more important governance matters.[78][79] Manish Sisodia said that the bulldozer was being used as a tool of extortion.[80] Names such as "Bulldozernath" or "the lord of bulldozers" were used.[81] The bulldozer was connected to bulldozing the "dreams of the youth" and being "anti-women".[81] Jamiat Ulama-e-Hind filed two petitions in the Supreme Court of India.[82][73] On 24 April 2022, Aam Aadmi Party conducted "foot marches" in all the wards of Delhi.[83] Brinda Karat, an Indian politician, has claimed that BJP aims to vilify Muslims through these actions.[84]

Newslaundry, an Indian media watchdog, reported on the response of sections of the Indian media and their coverage of the events and how certain anchors supported the proceedings.[85] Anjana Om Kashyap, a media professional, climbed on board the bulldozers at the Jahangirpuri site and started asking the drivers questions.[86] During one of the demolitions in Uttar Pradesh, a district magistrate (an Indian Administrative Service officer) clicked a selfie, and shared it with the caption "Yeh Hum Hai, Yeh Humaari Car Hai Aur Hamaari Party Ho Rahi Hai"[f] (transl. This is us, this is our car, our party is happening here).[88]

The timing of the Jahangirpuri demolitions, four days after communal clashes in the same area, "reads extremely suspicious", says political commentator N. S. Moorthy .[89] The Supreme Court status quo intervention brought immediate relief. However this order does not seem to make the judiciary the answer to the larger overarching questions related to the perceived targeting of sections of the population, more that what is already being seen.[89]

See also

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References

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Notes
  1. ^[1] and "bulldozer raj"[2] with the bulldozer finding its way into the general political lexicon of Uttar Pradesh and India in general.[3][4]

    Connected phrases include "bulldozer justice"and "bulldozer raj"with the bulldozer finding its way into the general political lexicon of Uttar Pradesh and India in general.

  2. ^

    Uttar Pradesh is 243,286 square km

  3. ^

    musclemen, strongmen, crime bosses, bahubalis, history-sheeters

  4. ^

    With others being seized, confiscated, sealed.

  5. ^Mama is maternal uncle, bulldozer mama can be translated as uncle with the bulldozer.[38]

    is maternal uncle,can be translated as uncle with the bulldozer.

  6. ^[87]

    A meme that had become a trend in 2021.

Citations

Further reading

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2022: A year when Bulldozer became a ‘lawful’ means of punishment

Spearheaded by UP. Other BJP ruled states followed the footsteps

30, Dec 2022 | Sanchita Kadam

The ideology behind demolishing homes of miscreants is ‘an eye for an eye’ but bulldozer injustice is leagues ahead since at the receiving end are people from marginalised communities and they stand to lose their homes over political vendetta. While these demolitions are posed as lawful demolitions of encroachments on government land or illegal constructions, the timing and targets of these demolitions have a different story to tell.

Here’s a look at how the political class used this infamous ‘bulldozer injustice’ and has glorified it for other states to follow in tow.  It was mainly pioneered by Yogi Adityanath in Uttar Pradesh followed by Madhya Pradesh, Gujarat and Delhi as well. For this, the UP Chief Minister has famously earned the moniker “Bulldozer Baba” and he is hailed across party lines for the same.

What has become all the more apparent is that members of the minority Muslim community from economically week backgrounds are the main target of the administration. The same is demonstrated in the following incidents of bulldozer injustice through the year 2022.

Delhi

On April 20, municipal authorities demolished the entrance gate of a mosque in Jahangirpuri. This is merely an hour Supreme Court ordered to halt demolitions in that area. On April 16, communal violence had erupted after a Bajrang Dal procession on the occasion of Hanuman Jayanti was passing by and clashed with the Muslims as it was going past the mosque. In complete media glare, the bulldozer demolished the mosque gate, despite being made aware of the court’s orders.

On August 2, 2022 the Delhi High Court observed that persons cannot be evicted with a bulldozer at their doorstep “early in the morning or late in the evening” without any notice, rendering them completely shelter less. The plea was filed by Shakarpur Slum Union stating that the 3-day demolition drive conducted without any prior notice by Delhi Development Authority (DDA) officials in the area, demolished around 300 of the huts and shanties. Justice Subramonium Prasad disposed of the writ petition with a direction to the DDA to carry out further demolition only in consultation with the DUSIB. The Court further directed the DDA to give sufficient time to the residents to make alternate arrangements, or, steps should be taken to accommodate the dwellers in the shelters provided by the DUSIB for three months so that the persons, whose jhuggis are being demolished, are able to find some alternate accommodation.

On July 6, 2022 the Delhi Development Authority (DDA) bulldozed over 60 tenements in Gyaspur Basti opposite Sarai Kale Khan, Nizamuddin East, New Delhi. The DDA demolished even the anganwadis but spared a gaushala (cow shelter)! Residents say they have identity documents that make them eligible for staying put in their homes until proper provisions for resettlement are made for them. However, their documents were deemed irrelevant by the DDA authorities who claimed the land of the basti belonged to their department. Therefore, on June 27 the DDA with the Delhi Police carried out demolitions, allegedly without the legally-mandated four weeks’ notice to residents.

Uttar Pradesh

On March 31, 2022 UP police brought a bulldozer to the house of two rape accused, Amir and Asif to compel them to surrender. The police claimed that the bulldozer was necessary to conduct the raid to prevent he accused from escaping and stated that the staircase in the house was partly damaged in this exercise. This was admitted by UP Police before the Supreme Court, in an affidavit filed as a counter to the plea filed by Islamic cleric body Jamiat Ulama-I-Hind against such unlawful demolitions.

On April 13, 2022 Rampur district police ordered an inquiry into the demolition of the house of a murder accused. When UP saw spate of clashes in June over BJP leader Nupur Sharma’s remarks about the prophet, UP administration sprang into action as directed by the Chief Minister Yogi Adityanath. IN Sahranpur, SSP Akash Tomar admitted that properties of two accused, Abbdul Wakir and Muzammil were demolished.

On June 13, Prayagraj Development Authority demolished Javed Mohammad’s (Alias Javed Pump) house, who was deemed to be the “mastermind” behind the violence of June 10. In July, the Supreme Court refused to pass blanket orders against the demolitions and while issuing notice to the UP government warned that “demolitions have to be in accordance with law and they cannot be retaliatory”.

On December 10, the home of declared terrorist Ashiq Nengroo, who is allegedly a commander of the Jaish-e-Mohammad, was demolished. His home in Pulwama, New Colony was allegedly built on government land.

Madhya Pradesh

On April 10, Khargone in Madhya Pradesh saw stone-pelting and arson during Ram Navami processions in which around 80 persons were arrested. Indore Divisional Commissioner Pawan Sharma told The Hindu that 45 homes were demolished of those accused of the violence. He said that their homes were encroaching on public land and the idea was to instil fear of financial loss among the accused.

On March 22, the Chief Minister, Shivraj Singh Chauhan had said “Mama’s [pointing to himself] bulldozer has set off and will not stop unless wrongdoers are not entirely destroyed.” While on a visit to Raisen where a tribal youth died in a fight between two communities. Soon after, Chauhan reportedly ordered the demolition of the houses of people accused of starting the fight.

On the same day, the homes of three Muslim men accused in a case of gangrape in Sheopur, were demolished. “Chief minister Shivraj Singh Chouhan directed the Sheopur administration to take punitive action against the accused involved in the gangrape of a minor girl. Their houses were demolished in police presence,” a government statement said, reported The Wire.

On March 28, illegal portions of a shopping complex of Sanjay Tripathi, accused of raping a 17-year-old girl, were demolished on the orders of the CM, reported DNA.

In September, civic authorities in Banmore town, Morena district demolished the house of a daily wage worker, Girraj Rajak, accused of raping a 3-year-old, saying that it was an “illegal construction”. Similarly, the ‘illegal house’ of a school bus driver was razed down in Bhopal as he was accused of sexually abusing a 3 year old girl, as she was returning home in the school bus.

In October, eviction notices were posted outside homes of person accused of pelting stones at a Garba pandal. Within 24 hours, homes of Abdul Gaffar Pathan, Abdul Rasheed, Amjad Pathan, Faiz Mohammad Pathan and Riyaz Pathan, residents of Surjani village were razed to the ground. In addition to the ‘Bedakhli’ order, the Sitamau Naib Tehsildar court also imposed a fine of Rs 5,000 on each family for allegedly building a pakka house encroaching government lands.

Gujarat

On April 10, stones were allegedly pelted in Khambat town in Anand District during Ram Navmi procession. In retaliation, the District Collector ordered demolition of “illegal structures standing on government land” many of which belonged to persons accused in the clashes.

On April 21, Surat Municipal Corporation together with police, demolished properties belonging to alleged gangster brothers Aarif and Sajju Kothari.

In October, around 100 structures were demolished on Bet Dwarka island with a population of around 10,000 and majority of whom belong to Muslim community. It is known for Dwarkadhish Mukhya Mandir, a Lord Krishna shrine. Among the demolished structures, 33 belong to religious sects, reported New Indian Express.

In November, 300 houses, huts and godowns were demolished in Jakhau harbour in Kutch district deeming them to be illegal. Since the demolitions, fishermen and traders have set up makeshift homes and makeshift cold storages with tarpaulins and bamboo roofs and are determined not to leave the area until the government offers a suitable alternative arrangement, reported Economic Times. A fish trader, told the publication that razing homes with bulldozers was more a symbolic action than an administrative decision.

Assam

In May, Assam police demolished eight houses in Shalnabari, Haidubi and Jamtal belonging to people from these villages who were accused of attacking a police station, beating up cops and setting vehicles on fire in protest against a custodial death. On May 21, Batdwara police station in Assam’s Nagaon district was set on fire by some people after Shafiqul Islam, a youth from Shalnabari, died in police custody, reported News18. On November 20, the Gauhati High Court reprimanded the Assam Superintendent of Police for bulldozing the homes of the five arson accused “under the guise of investigation”. The bench led by Chief Justice RM Chhaya and comprising Justice Soumitra Saikia questioned how the police demolished the house without permission and took suo moto cognizance [In Re State of Assam and others, PIL (Suo Moto)/3/2022] of the matter.

On July 12, Dibrugarh district administration demolished the residence of Baidulla Khan, who was the main accused in the suicide case of animal rights activist Vineet Bagaria.

In July, 90 houses in Karimganj’s Patharkandi town were demolished during an anti-encroachment drive. The Print reported that it was a Muslim dominated area and the residents told the publication that they have valid documents for the land.

In September, the Assam government cleared 1,000 bighas of land for setting up a 100MW solar plant, displacing 299 families (243 Muslim and 56 Hindus) who were staying on the encroached government land at Chitalmari 3 village under Borcolla constituency. The eviction notices were served around 8 months ago as well as 2 days prior to the eviction, as per one of the residents, reported The Telegraph. The administration dismantled a temporary madrassa and requested the residents to remove two masjids, which were accordingly removed.

Bihar

The state which is governed by the BJP and JD(U) in coalition, has the BJP rooting for the bulldozer action while the JD(U) maintaining its reservations about the same. In April, Bihar revenue and land reforms minister Ram Surat Rai (BJP) had said that bulldozer drive will be launched against absconding criminals and those encroaching the state government’s land. On the other hand, senior JD(U) leader Upendra Kushwaha said that Bihar doesn’t require a bulldozer model as the “Nitish Kumar model of governance is best”.

On November 30, Patna High Court pulled up the Police for illegally demolishing a man’s house and commented, “it appears that all the officials are hand in gloves with some land mafia and they have illegally demolished the house of the petitioner without following the due process of law”. The judge orally commented that he will give an order where the police officials responsible for this will have to pay compensation to the petitioner out of their own pockets.

Related:

On the firing line:  Human rights warriors of 2022

2022: Looking back at the best judgments from Indian courts

Real Impact, Real Change: CJP’s year of monitoring violations: a review

 

What is the bulldozer policy in UP?

2022: A year when Bulldozer became a ‘lawful’ means of punishment

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