“Mob Lynching Is An Intentional Extrajudicial Killing”
1. Introduction
In recent times, India has witnessed a rise in mob lynchings, particularly targeting minority communities such as Muslims and Dalits. This research article explores the patterns in such incidents and argues for a codified law to define and punish mob lynching. Drawing a comparison with historical incidents like the lynching of African-Americans in the US, the article highlights similarities in the mob mentality across different societies. The role of social media in spreading false information and inciting hatred is also discussed.
The introduction cites a specific case from 2015 where a man was lynched in Uttar Pradesh over suspicions of cow slaughter. The article delves into the role of state laws on cow protection and how they contribute to the prevalence of such violence. It connects the rise of Hindu nationalism and cow vigilantism since 2014, linking it to cultural hegemony and anti-minority sentiments.
A comparative study with the lynching of African-Americans post-Civil War in the US is presented, focusing on the objectives and methods of mob violence. The article acknowledges the differences but emphasizes similarities in the underlying motives and the use of lynching as a tool to assert dominance.
The section on social media highlights the misuse of platforms to disseminate false information, drawing parallels with incidents in Myanmar where Facebook was used to incite violence against the Rohingya. The term "WhatsApp Lynching" is introduced to describe incidents triggered by misinformation spread through messaging apps.
Legal provisions and judicial stances are discussed, emphasizing the need for a specific anti-lynching law in India. The article mentions a Supreme Court judgment recommending legislative action and points out the absence of such a law despite attempts by individual lawmakers.
The conclusion stresses the importance of addressing mobocracy and highlights the responsibility of the state to protect minority rights. It calls for the trial of not only direct perpetrators but also those responsible for hate speech and fake news that incite violence. The article concludes by underlining the urgency of implementing Supreme Court guidelines and enacting anti-lynching laws to curb the rising trend of mob violence in India. [1]
2. Mob Lynching: Why is it still unabated?
The issue of mob lynching in India remains a pressing concern, despite the Supreme Court's condemnation in 2018 and subsequent efforts to address the problem. From the tragic incidents involving Nilutpal and Abhijeet to the recent case of Rituparna Pegu, mob lynching continues to instill fear in society, with authorities struggling to provide justice. Understanding the root causes is essential to finding effective solutions.
Mob lynching, defined as premeditated extrajudicial killing by a group, has claimed the lives of 113 individuals in India over the last five years. One key factor contributing to the rise in such cases is the absence of specific legislation addressing mob lynching. While Section 149 of the IPC allows for the prosecution of mobs exceeding five individuals, there is a need for a dedicated law to combat this heinous act.
In 2019, Member of Parliament Tiruchi Siva raised concerns about the delay in the President's assent to Bills on mob lynching passed by Manipur and Rajasthan. The Central Government expressed optimism about addressing the issue through potential amendments to the IPC or CrPC. Despite specific bills in some states, a comprehensive national law to combat mob lynching is still pending, leaving a legal vacuum.
The Supreme Court, in 2018, provided guidelines for the government, emphasizing the need for specific laws to combat lynching. These guidelines, ranging from appointing senior police officers to implementing victim compensation schemes, have not been effectively enforced, contributing to the ongoing issue.
Examining the nature of mob lynching incidents reveals a disturbing trend of individuals seeking 'instant justice.' It is crucial for society to recognize that dispensing justice is the responsibility of the judiciary, not citizens. Addressing this mindset is essential to curbing mob lynching. Additionally, factors such as illiteracy, lack of humanity, and a propensity for violence contribute to the problem.
To combat mob lynching, a collective effort is required. The government must enact a dedicated law promptly, and until then, states should diligently implement the Supreme Court's guidelines. NGOs play a vital role in organizing awareness campaigns to educate people about the consequences of mob lynching. Ultimately, a societal shift in mindset, embracing humanity, and placing trust in the judiciary are crucial for reducing mob lynching incidents. [2]
3. Mob lynching, the extrajudicial killing of individuals
Mob lynching, the extrajudicial killing of individuals by a group for perceived offenses, has become a disturbing trend in recent years. In India, the world's largest democracy, a rise in such incidents has raised concerns about the violation of fundamental rights and the rule of law. This phenomenon is fueled by factors such as intolerance, biases based on identity, the rise of cow vigilantism, lack of speedy justice, and inefficiencies in the police administration.
Laws on Mob Lynching:
Despite being a violation of human dignity, Article 21 of the Indian Constitution, and the Universal Declaration of Human Rights, mob lynching is not explicitly addressed in the legal framework. While it is treated as murder under existing laws, the absence of specific legislation leads to delays in justice. The Supreme Court, in the Poonawalla case, emphasized the need for a dedicated law against mob lynching. Presently, provisions from the Indian Penal Code (IPC) are used, including Sections 302, 304, 307, 323, and 325, along with other relevant sections such as 34, 120B, 141, 149, 147, and 148.
Guidelines and Solutions:
To curb mob lynching, the Supreme Court issued guidelines until a comprehensive law is enacted. These include the appointment of senior police officers and nodal officers, identification of high-risk areas, broadcasting warnings against mob violence, FIR registration for spreading fake news, compensation schemes for victims, fast-track court trials, and strict punishment for perpetrators. The Court stressed that the responsibility to prevent such incidents lies with the states.
Several states have introduced bills against mob lynching, such as Manipur and Rajasthan. The Manipur law defines mob lynching and imposes penalties on police officers failing to prevent such crimes. The Rajasthan bill, while addressing some Supreme Court guidelines, lacks clarity on police officers' accountability. The use of technology like the internet of things (IoT) and the launch of draft laws like Masuka also represent efforts to address the issue comprehensively. [3]
4. Conclusion
The absence of a specific legal framework addressing mob violence and lynching provides perpetrators with an opportunity to act outside the bounds of the law, resulting in the unjust killing of individuals based on mere suspicion. Such actions are inherently unjustifiable, and the urgent requirement for stringent laws to counteract mob lynching is evident. In a diverse and democratic nation like India, characterized by various religions, castes, and classes, the introduction of robust legislation becomes imperative. A new law would not only reshape the legal landscape but also influence the mindset of policymakers, fostering a preventive approach to this heinous crime. [4]
5. Citations:
[1] Mob Violence And Vigilantism In India, Available at: https://www.jstor.org/stable/48566204?seq=21, (Last Visited, February 1, 2024)
[2] Mob Lynching: Why is it still unabated?, Available at: https://frontierweekly.com/views/jun-20/28-6-20-Mob%20Lynching.html, (Last Visited, February 1, 2024)
[3] Mob Lynching in India: A Threat to Mankind, https://www.aequivic.in/post/aijacla-mob-lynching-in-india-a-threat-to-mankind, (Last Visited, February 1, 2024)
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