Analyzing Communal Violence and Demolitions in Haryana: A Closer Look

Communal violence erupted in Haryana on July 31, 2023, leading to unfortunate loss of life. This blog delves into the events that transpired, the actions taken by the Haryana government, and whether they were justified.

Facts of the matter to the relevant question

Communal violence erupted on July 31, 2023.
Both Hindu and Muslim communities were involved in the violence.
The Haryana administration demolished approximately 1200 houses as a punitive measure.
A significant number of these houses belonged to a specific community.
The Punjab and Haryana High Court intervened, putting a halt to the demolitions.
The court observed “Apparently, without any demolition orders and notices, the law and order problem is being used as a ruse to bring down buildings without following the procedure established by law”
The court also observed “The issue also arises whether the buildings belonging to a particular community are being brought down under the guise of law and order problem and an exercise of ethnic cleansing is being conducted by the State,”
Home Minister himself said that bulldozers are part of illaj (treatment) since the Government is probing communal violence.
A day before the next hearing of High Court, the bench hearing the case itself was changed. That means, now new judges will hear the case.
Some of the houses that were demolished were built under Central government schemes like Indira Awas Yojana or Priyadarshini Awas Yojana of Haryana Government So, they were actually legal. [Ref#4]

Other relevant allegations

Many residents claim they were not given prior notice, as legally required, before their houses were demolished. [Ref#4]

How should a responsible government deal with punishing rioters?

Investigate and identify all those involved in inciting and participating in violence, regardless of their background like caste, religion etc.
It should then gather evidence, witnesses to support its investigation.
If necessary, arrest those responsible and complete a thorough investigation.
Based on the investigation’s findings, pursue legal action to ensure appropriate punishment under the law.
Exercise its powers according to the established legal process to ensure swift justice.

Who are the authorities responsible?

Manohar Lal Khattar, Chief Minister of Haryana

Manohar Lal Khattar, Chief Minister of Haryana

Arguments that government did right by demolishing the houses

If a house was illegal, the government has the right to demolish it following proper legal procedures. Whether the government followed proper procedure in demolishing every house is not known and verified yet.
The 2021 Haryana Recovery of Damages Act allows the government to collect compensation for damage to public property. However, guilt must be proven in court.
In this case, the guilt is not proved in court of law. Collection of compensation itself is not as per process established by law. By bulldozing the house, government is not getting any compensation.

Arguments that government did wrong by demolishing the houses

The government’s intention was to punish individuals involved in violence, not clear illegal encroachments. Hence, the logic of clearing illegal encroachments does not apply.
Only a court of law can determine guilt and prescribe punishment. Government-imposed punishment violates the rule of law. If Government violates law, then how will Rule of Law be there in the country at all?
The people whose houses were razed, their crime was not yet proven in a court of law. Hence, they got punishment for a crime that was not even proven. If we apply it to ourselves => should we ever be punished even without getting a chance to defend ourselves?
House does not belong to a person. It belongs to a family. Let’s say administration’s allegation of stone pelting from that house is correct. Let’s say one member of the family pelted stones from that house. Should the whole family be punished because of it? No. Will we ever want that punishment for our acts is given to our loved ones?
In fact, it is also possible that a particular house was used by some other person to commit violence. Is it right to demolish the house without ascertaining if any member of that house was even involved or not? Clearly, government did not get enough time to investigate 1200+ people and ascertain their role.
Some of the houses that were demolished were built under Central government schemes like Indira Awas Yojana or Priyadarshini Awas Yojana of Haryana Government. So, they were actually legal.
There is one example of a house that actually provided refuge to a family during violence. It has also been demolished.
Hence, based on above arguments, it appears that Government itself has done illegal act.

How does criminal justice system work in our country?

Let’s say I believe that you have committed a crime. Should you be given punishment just because I said so? No, right? Because, that is not fair to you.
Ok. I complained to government about you. Government believes that you have actually committed a crime. Should you be given punishment now? No. Because, you still have not got a chance to defend yourself.
Now, you got a chance to defend yourself in front of Government. Now, should you be given punishment whatever government desires? Maybe. But, what if you belonged to an Opposition party or maybe you criticised government in the past or your community is not votebank for government but my community is. Will government be fair to you? Not necessarily. So, is it right for the government to decide your guilt and punishment? No.
Hence, guilt and punishment should be decided by an institution which is independent of the government. Otherwise, it’d be like dictatorship of the government in power. This institution is Judiciary – our Supreme Court, High Courts, District Courts etc.
Hence, a government can accuse a person, carry out an investigation and then try its best to prove guilt of the accused. Our courts can impartially assess whether the accused is actually guilty or not. If yes, decide its punishment according to the law.

But, if they committed violence, what is wrong with demolition of their homes?

Whether a person has committed a crime or not, it has to be established in a court. Government cannot decide whether he is guilty or not. Government is one party that says he is guilty. The accused is another party who may admit or not admit that he is guilty. But, he should be given the chance to defend himself. Would you want that tomorrow, any powerful person from government declares you guilty and does not allow you to defend yourself and demolishes your home? No.
Even if he committed violence and it is proven, he cannot be given any punishment that government desires. The punishment has to be decided according to the law. Tomorrow, let’s say you cross a red light. Should you be punished by demolishing your house? No. Who decides what is a proportionate punishment? The law and the interpreters of the law, our courts.

Why can’t government decide what punishment to give?

What if the person belongs to an Opposition party or maybe criticised government in the past or his community is not votebank for government but complainant community is. Will government be fair to him? Not necessarily. So, is it right for the government to decide his guilt and punishment? No.

Courts take too much time. So, isn’t it better that government punished swiftly?

No system is perfect. But, it is better to work according to the law and make your contribution in making the system better. This way, everyone gets fair opportunity. Otherwise, governments can abuse their power the way they want always in their favour. This can take away basic rights of a person like freedom. Governments can inflict injustice by abuse of their power. This will also lead to erosion of trust of people in public institutions.

Why are you not asking questions to those who pelted stones?

We are 140 crore people. Every society has good people and bad people. We’d want that bad acts don’t happen and if they do, they are punished.

We elect people to serve us. We give them all kinds of powers. Eg:- They have police, administrative machinery. We give them our 30-40% hard-earned tax payer money to run government for us. As part of this, one of their responsibility is to protect us from bad people. Hence, we need to ask questions to them and not to any random person.

What can we do if we think the government was not right on this issue?

We don’t become blind followers of any party/politician.
We recognize that this was wrong by the government.
We consider this as one of the factors before we go to vote next time.

References:

Footnote

This is an understanding formed till now as per the news available. If you have alternate perspectives, view points, evidences, data points, please share. Will be happy to update the article if relevant.

Civil Debate on Indian politics