MOB
LYNCHING – POLITY
News:
Rap on the knuckles: On
lynching, mob violence and judiciary fiat
What's
in the news?
●
It is a matter of shame for the Union
Government and several State governments that the Supreme Court has had to
remind them of their “consistent failure” in the past five years to act against
the lynching of and mob violence against Muslims and marginalised sections by
“cow vigilantes” in particular.
Key
takeaways:
●
Following a petition by the National
Federation of Indian Women highlighting this failure, the Court has asked the
Ministry of Home Affairs, Maharashtra, Odisha, Rajasthan, Bihar, Madhya Pradesh
and Haryana to respond to it.
●
In 2018, the Court, in Tehseen S. Poonawalla vs Union of India,
had held that it was the “sacrosanct duty” of the state to protect the lives of
its citizens and that the authorities have the “principal obligation” to
prevent “vigilantism” of any kind.
Mob
violence:
●
Mob lynching is the acts of targeted violence by a large group of people. The violence
is tantamount to offenses against human body or property- both public as well
as private.
●
The mob believes that they are punishing
the victim for doing something wrong and they take the law into their own hands
to punish the purported accused without following any rules of law.
Causes
of Mob Lynching:
1.
Failure of state:
●
The failure of the state in protecting
Minorities from mob, lack of proper mechanism in place.
●
People are losing their faith in law and
order machinery therefore they are taking laws in their hand.
2.
Rise in intolerance:
●
In recent times intolerance has increased
especially against marginalized people.
●
For example, intolerance has increased
against Muslims for cow slaughter and mob lynching case has increased on any
news of beef eating lead to mob lynching of the Muslims.
●
With rise in anger fuelled by fake news
and propagandas, mob lynching cases has increased.
3.
Misguided youth:
●
With the rise in unemployment, youth are
being misguided ideologically by politicians or religious groups.
●
Due to misguidance of youth, they act
against certain sects to take revenge or are motivated by thrill and excitement.
4.
Defence:
●
Mob violence may be done for defence
against any perceived and presumed threat from other social groups. It is also
motivated by a desire to protect one’s territory.
5.
Biased view:
●
A bias against any group due to historical
or social reasons motivates mobs to commit a hate crime.
●
For example, Muslim being tagged as
terrorist lead to an act of lynching against them by mob.
6.
Lack of impunity:
●
One of the major reasons for the rise in
mob lynching is impunity.
●
Police find it difficult to register cases
against big crowds, some people get advantage of it.
●
There is no particular law to deal with
lynching and it finds no mention in the Indian Penal Code.
7.
False Propagandas:
●
In India people are very emotive on
sensitive issues.
●
It is very easy to flare them up. Some
people are spreading wrong information on social media especially on Facebook
and WhatsApp. Some people used this incident to settle their personal enmity.
8. Rise of Cow Vigilante:
●
It is one of the major reasons that
motivates the growing rise in mob lynching cases.
Consequences
of Mob Lynching:
1.Fuel
communalism and casteism:
●
As in most cases, victims are the most
vulnerable people of society - nomadic tribes, religious minorities, lower
castes etc.
●
This is a threat to the secular fabric of
the country as diverse as India.
2.
Against human rights:
●
The lynching by mob creates an atmosphere
where human beings are dehumanised, freedom of speech, expression and personal
choices are endangered and plurality and diversity is not accepted.
3.
Subverts rule of law:
●
The process of adjudication takes place
within the courts of justice, and not on the streets.
●
A crime cannot be an answer to another
crime.
●
Mob lynching reflects the loss of trust in
state capabilities in justice delivery.
4.
Fear Psychosis:
●
Events of lynching mean to punish someone
in a manner that others will see as a warning and a lesson.
●
Many lynchings are actually hate crimes
where identity of the victims seems to be the real cause behind the killing.
5.
Economic Impact:
●
Tougher laws on cow slaughter,
transportation of cattle, and mob attacks by cow protection groups have
disrupted not just the cattle trade and the rural agricultural economy, but
also leather and meat export industries linked to farming and dairy sectors.
●
Management of unproductive cattle puts a
huge financial strain on farmers and becomes an indispensable institution for
disposal of unproductive animals.
●
But, in wake of mob attacks by cow
vigilantes, such businesses have been adversely impacted.
6.
Impact on migration patterns:
●
It directly hampers internal migration
which in turn affects the economy.
7.
Damage of public property:
●
Large resources deployed to tackle such
menaces induce extra burden on state-exchequer.
How
to address Mob Lynching?
1.
Legislation:
●
The proposed law should define the terms
lynching, mob and victim.
●
It should make lynching a non-bailable
offence, criminalise failure of duty by police officers, designate judges for
trial, define compensation and rehabilitation for victims and witnesses within
a definite time frame.
2.
Fast-track courts:
●
The lynching cases should be tried by
fast-track courts with day-to-day hearings.
●
It is important to punish with stringent
punishment and conclusion of the cases within 6 months.
3.
Awareness about others rights:
●
Indian community should be sensitized
towards the rights of other citizens and danger of mob crimes for social
cohesion.
●
Awareness campaigns are needed to
sensitize people about the plight of others.
4.
Community Policing:
●
By fostering partnerships with the
community, the state can enable communities and law enforcement to work
together to prevent and respond to hate crimes. Community involvement can
prevent serious mob crimes.
5.
Youth involvement and counselling:
●
The majority of act of lynching are
committed by persons who are 29 years old and younger.
●
Youth are also often more vulnerable to
violent attacks, bullying, and other forms of harassment.
●
To combat this teachers and school
administrators should educate their students about lynching and prevention.
6.
Training for Officers and Deputies:
●
Police should train new recruits and
existing officers and deputies on mob lynching and other related issues.
●
The state governments shall designate a
senior police officer in each district for taking measures to prevent incidents
of mob violence and lynching.
7.
Awareness about platforms:
●
Central and the state governments should
broadcast on radio and television and other media platforms including the
official websites that lynching and mob violence shall invite serious
consequence.
SC
Directive for Preventive and Remedial Measures:
1.
Designation of Nodal Officers:
●
State governments must appoint senior
police officers as Nodal Officers in each district to prevent incidents of mob
violence and lynching.
2.
Identification of High-Incidence Areas:
●
State governments should identify areas
where mob violence and lynching have been reported.
3.
Police Actions and FIR Registration:
●
Police officers must disperse mobs using
their authority under Section 129 of the CrPC, and FIRs must be promptly
registered under Section 153A of the IPC.
4.
Monitoring of Investigations:
●
Nodal Officers have the responsibility to
personally monitor the investigation of such offenses and ensure effective
implementation.
5.
Compensation Scheme:
●
State governments should establish a
victim compensation scheme for lynching and mob violence victims in line with
Section 357A of the CrPC.
6.
Designated Courts:
●
Special designated courts or fast-track
courts should handle cases related to lynching and mob violence in each
district.
Directive
to State Governments:
1.
Information Gathering:
●
A Bench comprising Justices Sanjeev Khanna
and Bela M. Trivedi has instructed State governments to compile comprehensive
data on incidents of mob violence and lynchings.
2.
Year-wise Data:
●
The data should include information on
complaints filed, FIRs registered, and challans submitted to the courts,
highlighting the progress made each year.
3.
Coordination with State Departments:
●
The court suggested that the Ministry of
Home Affairs hold meetings with relevant department heads of the State
governments to obtain updates on the measures taken in response to the court’s
2018 judgment in the Tehseen Poonawala case.
4.
Compliance with Court’s Directions:
●
The court had previously directed the formation
of Special Task Forces by the States to gather intelligence on hate speeches,
mob violence, and lynchings.