The Nuh and Gurugram districts of Haryana have just witnessed the re-enactment of a new normal in Indian politics — the demolition of dwellings and business establishments of people who are accused in criminal cases especially offences having communal sensitivity without following the procedure as established by law. The Punjab and Haryana High Court made a rare interference by taking judicial notice suo motu and stayed the demolition drive. The High Court’s question whether an exercise of ethnic cleansing is being carried out by the State brings us to the heart of the issue.
Within Indian law
Ethnic cleansing is not defined by the Indian Penal Code or international law. Its first use is attributed to a UN appointed Commission of Experts (1992) chaired by Prof. Cherif Bassiouni, a father figure in international criminal law, mandated to look into the war crimes in former Yugoslavia. In its final report, the five member commission referred to ethnic cleansing as “… a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic or religious group from certain geographic areas.” The commission enumerated state actions like arbitrary arrest and detention, destruction of property, forcible removal, displacement, deportation of civilian population and extra judicia executions in the list of coercive practices that constitute ethnic cleansing.
