A Muslim-majority village in India has been run over by bulldozers - 'We are forced to live on the streets'
Muhammad Saud's shop was destroyed by the authorities in the Nuh district.
"They destroyed everything in seconds," said Muhammad Saud, weeping, standing over a pile of rubble.
He and his younger brother, Nawab Sheikh, look at the remains of a shop they managed in a residential complex in Nuh district, north India's Haryana State. As he spoke to the BBC on Saturday (05/08), a yellow bulldozer roared behind him.
"We have 15 shops built on family land. We have all the documents but they [police] insist these buildings are illegal," Saud said.
The buildings belonging to the two brothers were among hundreds of shops and homes destroyed by authorities following communal violence that broke out last week in Nuh, a Muslim-majority district that is also one of the poorest in the Indian capital region (which includes Delhi andsurrounding areas).
Police said clashes between Hindus and Muslims started after a march led by a hardline Hindu organization was stoned as it passed through Nuh.
As news of this spread, violence also broke out in Gurugram, just outside Delhi. Six people died in Nuh and Gurugram after rioters set shops and vehicles ablaze, as well as a mosque.
Several days later bulldozers were brought to the residential area of Noah's residents to demolish hundreds of buildings on the grounds that these buildings were built illegally. This is already the pattern in many states ruled by the Hindu nationalist Bharatiya Janata Party (BJP).
The action only stopped after four days, on Monday (07/08), when the state's high court issued a notice to the government.
"Apparently, without an order and notice of demolition, a matter of law and order was used as a pretext to demolish the building without following the procedures stipulated by law," the court said.
The court also asked whether the state was carrying out "ethnic cleansing exercises" by targeting predominantly Muslim-owned buildings.
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Hundreds of structures were destroyed in Noah.
Civil society groups and opposition parties say there has been a spike in violence and hate speech against Muslims since 2014, when Prime Minister Narendra Modi's Hindu nationalist BJP came to power.
In BJP-governed states like Uttar Pradesh, Madhya Pradesh and Assam, the practice of using bulldozers to demolish the homes of people accused of crimes is common.
The excuse often used is illegal construction but legal experts question this. The top ministers of these states also frequently attribute the demolition to their governments' tough stance on crime.
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Although Hindu families have also been victims, opposition leaders and some activists say the actions are mostly targeted at Muslims, especially following violence or religious-based protests.
At Noah, officials gave contradictory answers when asked about the reason for the demolition.
District Judge Dhirendra Khadgata told BBC Hindi that only illegal buildings were demolished. But Vinesh Singh, planning officer for the district, said authorities demolished homes from which "stones had been pelted".
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Sayyid's younger brother, Nawab Sheikh, wept seeing his shops destroyed.
Critics say the demolition was particularly brutal as it left innocent family members, including children, homeless.
"Arbitrarily destroying someone's house or shop is a very crude and outdated form of collective punishment," said political analyst Asim Ali.
"That it was done in contemporary India shows that the rule of law regime has broken down."
Legal experts agree that giving instant and collective punishment is illegal and inhumane.
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"How can the state beat everyone and consider them a conspiracy, regardless of the facts, without confirming the truth and carrying out the demolition?
In situations like this, collective punishment is an anathema to the rule of law and constitutional rights, regardless of religion," said Judge Madan Lokur, a former Supreme Court justice.
He highlighted that according to media reports, "the owner was given neither notice nor time to remove items from the house nor was he given a single day to find alternative accommodation".
The intentional destruction of civilian infrastructure is not allowed under any law, added Shadan Farasat, a Supreme Court lawyer.
"If you want to charge someone with some form of violence, you have to arrest them and put them on trial - you can't just demolish their house in a day."
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Many residents in Noah say they have documents to prove their buildings are not illegal.
Judge Lokur said that the authorities did have the power to demolish illegal buildings but only according to regulations. Owners must be given notice and an opportunity to pay the fine or appeal.
Even then, the authorities have the option of demolishing only those parts that were unlawfully constructed.
If the structure is wholly illegal, authorities must provide a "reasonable" explanation to the owner before demolishing it with impunity.
"The entire demolition activity was reportedly carried out arbitrarily and completely violated constitutional rights," the judge said.
In Noah, police said they gave notices to the alleged encroachers, but several families told the BBC they had received no warnings. Others claim they were not even in their homes at the time of the riots but were punished anyway.
Musaib, 20, couldn't stop crying as he watched authorities destroy his week-old hawker shop, which he had built with his father's savings.
"How do I build a life again?" he wondered.
This question has also been asked by others, including Hindus.
Chamanlal, whose hair salon was destroyed, said he had built it with a loan.
"A family of 10 people can live because of this shop. We are forced to live on the streets now," he said.
BBC

Chamanlal says his shop was demolished without notice.
Others worry that communal polarization could destroy peace in Noah, where Hindus and Muslims have been largely in harmony for decades.
While demolition has stopped for now, some Muslim residents say they no longer feel safe.
"We are being bullied every day. Where are we going to go if something like this happens again?" Sheik said.
But not everyone agrees that the authorities are wrong.
"The government is doing the right thing, these rioters should be taught a lesson," said Ashok Kumar, who accompanied friends to witness the demolition.
Even Harkesh Sharma, whose pizza joint was trashed, agreed – on one condition. "It's just that if the government only punished those involved in the violence, that would be better."