A law to legalise the illegal

Even when the demolitions were going on, the courts had to direct the Municipal Corporation of Delhi and other local bodies on many occasions not to adopt a “pick and choose” policy and to initiate action against the big fish which had violated building laws with impunity. And the Centre is not alone in formulating a law to regularise violations of the law. Maharastra did it earlier when it promulgated an ordinance to regularise 855 illegal buildings in Ulhasnagar that were being threatened with demolition under the orders of the Bombay High Court. Here, too, politicians cutting across party lines supported the move.

This brings up the question: why are politicians so keen to stop demolitions? Is it because of a concern for the hardships caused to people? To conclude this would be naive. Politicians stand to lose directly from such measures because many of them own illegal buildings themselves, besides having encroachments to protect. It is a question of their very survival as men and women of money and influence. As Henry Kissinger once put it, tongue firmly in cheek: “The illegal we do immediately. The unconstitutional takes a little longer.”

The writer is advisor, Commonwealth Human Rights Initiative, Delhi gpjoshi@gmail.com

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