Arbitrariness and Bias in Law Enforcement in India

The rule of law in India has been significantly undermined by the arbitrary and biased enforcement of laws, which has jeopardized citizens' fundamental rights and dignity despite increased education and awareness of rights.

Issues and Concerns

• High-handedness by the State: Instances of custodial torture and extrajudicial killings are frequently reported.
• Extra-Legal Punishments: Police and civic authorities often demolish properties as a form of punishment for criminal suspects and political opponents.
• Supreme Court Intervention: The Supreme Court criticized illegal demolitions by the Prayagraj Development Authority in Uttar Pradesh, highlighting a lack of due process, such as serving show-cause notices.
• Right to Shelter: The Court emphasized the right to shelter as a component of Article 21 of the Constitution and ordered compensation for the affected homeowners.

Judicial Observations

The Supreme Court reiterated key principles of the rule of law:

• There can be no punishment without trial.
• No collective punishment is permissible.
• Every person is presumed innocent until proven guilty.
• Guilt cannot be ascribed by association.

Challenges and Broader Implications

• Continued Practice: Despite judicial disapproval, property demolitions persist in Uttar Pradesh and have spread to other states.
• Political Adoption: This practice is adopted by BJP-ruled states and beyond, such as the Aam Aadmi Party in Punjab during its anti-drug campaign.
• Social Approval: The social acceptance of state high-handedness indicates declining governance standards.
• Mob Justice: The state's adoption of mob-like tactics is concerning, as it should curb such menaces.

Conclusion

The Supreme Court must ensure consistent implementation of its orders to uphold the rule of law across India.