On June 3, 2024, the Brihanmumbai Municipal Corporation (BMC) announced the demolition of Jai Bhim Nagar. Subsequently, on June 6, 2024, BMC officials, joined by bulldozers and numerous police personnel, commenced the demolition process, displacing approximately 600 families who had resided in the area for nearly thirty years. The affected residents approached the Bombay High Court, requesting compensation and prosecution of concerned officials. Unfortunately, no substantial relief has been granted yet and these individuals continue to suffer hardship in meeting even their basic needs and rights. The demolition has forced many residents to take refuge on the streets, depriving them of their right to a dignified life, shelter, and adequate health care, resulting in the violation of Article 21 of the Constitution.
This article analyses the demolition undertaken by BMC, asserting that it contravenes the fundamental rights enshrined under Article 21 and the due process of law. Additionally, it examines the obligation to abide by the international conventions and treaties ratified by India relating to the right to shelter. Finally, this article advocates for the application of the doctrine of an unconstitutional state of affairs by the judiciary to identify, rectify and prevent the lawlessness of the executive.
