Friday, March 25, 2011

Delhi High Court stayed demolition of Gayatri Colony

Delhi High Court stayed demolition of Gayatri Colony
A large-scale demolition affecting more than 5,000 residents of Gayatri Colony (West Patel Nagar) was stayed after legal intervention at the Delhi High Court. Justice Muralidhar ordered immediate interruption of the illegal action authorized and implemented by the Delhi Development Authority (DDA) and the Delhi Police. Contrary to binding legal obligations, DDA did not provide residents with any notice or meaningful relocation options, with many losing their homes and livelihood even after lived legally in the area for more than 20 years. Such an action violates the right to life, housing, food and health protected under both international human rights law (ICESCR) and Indian Constitution (Artt. 19 and 21). The demolition blatantly infringes previous Supreme and High Court orders, above all Chameli Singh v UP 2 SCC 549 (1996) and Mukandi Lal v MCD WP 9246/2009 (2009).

Gayatri Colony has more than 2000 jhuggis, out of which at least 1000 have been demolished between Wednesday 23rd and Thursday 24th. Many of the residents are dalits, and the sudden demolition of the Jhuggis has placed the lives of the most vulnerable at risk, particularly those of pregnant women and young children. The HRLN team conducted a fact-finding on the evening of Wednesday 23rd and observed a community tore apart by the abrupt dismantlement. The team confronted children unable to attend school, pregnant and lactating women with no access to health services and half of the community left starving and shelterless in only two days. It is estimated that Delhi's homeless population arose by 30% as a result of this demolition.

At around 9:30 am on today, 2000 policemen swarmed the area and five bulldozers were ready to re-start the operation. The behaviour of the DDA and the Delhi police was highly uncooperative, non-transparent and provocative towards both community members and human rights activists.Members from HRLN, IGSSS and the National Campaign on Dalits Human Rights, organized a pacific protest with community members and managed to delay the demolition until 12.30 p.m. Meanwhile, HRLN Advocate successfully filed an urgent life and liberty application in the High Court and obtained a mandate to stop the operations despite an ongoing massive lawyers' strike. The case is to be heard tomorrow 25th March, seeking urgent reliefs of access to food, water, shelter, and health care for the thousands of residents left stranded by the government's unlawful actions.

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