This article is written by Ms. GULFASHA BANU WAHID KHAN, a Second year BA.LLB Student from HVPS COLLEGE OF LAW. 

INTRODUCTION: 

Mob Lynching is a form of violence in which a mob, under the pretext of administering justice without trial, punishes and inflicts torture on a presumed offender, sometimes even resulting in murders.

The word lynching in fact originated in the United States in the mid-18th century. Historians believe that the term was first used by planter Charles Lynch to describe extra-judicial authority assumed by private individuals like him. It came to be applied over time to extra-judicial killings by crowds, most commonly of African-Americans in the late 19th century.

DEALING WITH LYNCHING IN INDIA:

• In 2017, the National Crime Records Bureau (NCRB) collected data on mob lynching, hate crimes and cow vigilantism but it was not published and discontinued.

• This is because, there is “no separate” definition for lynching under the IPC.

• However, lynching incidents could be dealt with under Sections 300 and 302 of the IPC, pertaining to murder.

• In 2018, the Supreme Court asked Parliament to make lynching a separate offense.

• Since then, the government is working to overhaul the IPC framed in 1860 and the Code of Criminal Procedure (CrPC) to consider mob-lynching.

RAJASTHAN ASSEMBLY PASSES AN ANTI-MOB LYNCHING BILL, CONVICTS TO GET LIFE IMPRISONMENT:

Rajasthan legislative Assembly on Aug6, 2019 passed a bill against the mob lynching and honour killing in the State.

 In the case of the victim death, the bill provides a fine up to Rs 5 lakh and life imprisonment to convicts involved in mob lynching.

 The convict will get jail terms up to 10 years and a fine of Rs 25,000 to 3 lakh in case of an assault by mob or victim suffering serious injuries.

SUPREME COURT GUIDELINES:

• There should be a “separate offence” for lynching and the trial courts must ordinarily award maximum sentence upon conviction of the accused person to set a stern example in cases of mob violence.
• The state governments will have to designate a senior police officer in each district for taking measures to prevent incidents of mob violence and lynching.
• The state governments need to identify districts, sub-divisions and villages where instances of lynching and mob violence have been reported in the recent past.
• The nodal officers shall bring to the notice of the DGP about any inter-district co-ordination issues for devising a strategy to tackle lynching and mob violence related issues.
• Every police officer shall ensure to disperse the mob that has a tendency to cause violence in the disguise of vigilantism or otherwise.
• Central and the state governments shall broadcast on radio, television and other media platforms about the serious consequences of mob lynching and mob violence.
• Despite the measures taken by the State Police, if it comes to the notice of the local police that an incident of lynching or mob violence has taken place, the jurisdictional police station shall immediately lodge an FIR.
• The State Governments shall prepare a lynching/mob violence victim compensation scheme in the light of the provisions of Section 357A of CrPC.

• If a police officer or an officer of the district administration fails to fulfil his duty, it will be considered an act of deliberate negligence.

CASES ON MOB LYNCHING

Jhankar Saikia mob lynching case: The Jhankar Saikia Mob Lynching case happened in the Diphu town of the Karbi Anglong District in Assam on 25 June 2013 when a Diphu College student named Jhankar Saikia and his father, Haren Saikia, refused to pay a fare of Rs. 30 to the auto-rickshaw driver as they argued that the regular fare was only Rs. 20. Both of them were attacked by a mob as a result of this. The local eyewitnesses said that at the time of the incident, the policemen were on duty however, they did not try to stop the mob. As a result of the injuries Jhankar died in the hospital. The trial commenced in 2018 and at the end of the trial, 12 of the total 19 people against whom charges were filed were convicted and sentenced to life imprisonment, 2 of them had absconded, 1 of them was tried in the Juvenile Court, and 4 of them were acquitted. 

2019 Palghar Mob lynching: The recent Palghar mob lynching case, in which two Juna Akhara Hindu sadhus and their driver were beaten in Maharashtra’s Palghar district in 2020 because all three of them were mistaken for kid thieves after rumours circulated over WhatsApp that several criminals were roaming the locality. When the police intervened and tried to prevent them from taking the law into their own hands, they were beaten up by the mob as well. The Maharashtra administration got widespread condemnation and backlash as a result of this. 115 villagers were later detained on criminal charges, but they all claimed to be innocent, claiming that they mistook the sadhus and drivers for kidnappers and organ harvesting gangs. The fact that the vehicle arrived at night only added to their suspicions that they were kidnappers. Given the seriousness of the crime, India’s National Human Rights Commission requested that the Mumbai police chief provide detailed data on what action was done against the perpetrators and how much compensation was awarded to the victim’s family. 

2015 Dadri Mob Lynching, It is a case in which residents from Bisara village, near Dadri in Uttar Pradesh, attacked Mohammed Akhlaq, a fifty-two-year-old man, on suspicion of slaughtering a cow. Residents of Bisara village assaulted Mohammad Akhlaq on the fateful night of September 28, 2015, because they suspected him of stealing and butchering cows. Bricks and knives were thrown at him. He was unable to bear those bodily injuries as a result of this violent deed, and he died; his twenty-year-old son Danish was also severely injured. When the case was brought before the court, they stated that, first and foremost, the evidence of the meat could indicate whether the meat was meat or beef, and that the meat was assured to be cow meat in the forensic lab. However, in this case, the court found Mohammad Akhlaq not guilty because the beef was not fit for human consumption. Following the lynching, there were political reactions from all throughout the country. As a result, the family received monetary recompense

Junaid Lynching case: Four young Muslim boys namely Junaid, Hasim, Moin and Mausim were returning from their Eid shopping in 2017 when they were attacked by a mob in the third coach of a Mathura bound train. They were asked by some passengers to vacate the seats and soon they started abusing and misbehaving with the boys. The four of them decided to get off the train at Faridabad. However, they failed to get out of the coach because of the rush at the railway station. The matters got worse when one of the assailants took out a knife and stabbed Junaid when he tried to intervene. When the train stopped at Asaoti Railway Station, Junaid was thrown out of the train. He was declared dead when he was brought to the hospital.

CONCLUSION: 

Mob lynching can occur for a variety of causes. Witch-hunting was one of the causes of mob violence, with 2000 mentally ill women being murdered because of rumours accusing them of kidnapping and murdering children. In India, religious conflagrations such as the 1984 Sikh riots, Anti-Muslim riots in Gujarat, or the lynching of Ghulam Muhammad by Hindu Yuva Vahini over his relationship with a Hindu girl in the neighbourhood have had a negative impact on the country. To avoid such situations, persons who are responsible for enforcing the laws must be made aware that they are violating other people’s rights due to a lack of knowledge of justice. As a result of such a case, the Indian people have learned to bear justice with an overwhelming sense of foreboding that has amounted to a lurking, unidentified, unsaid fear. Because of its extreme character, it has instilled dread in the minds of the public that they will be attacked by mobs and that they will be susceptible in the circumstance. Sadly, India has seen countless mob lynching and mob violence cases reported from different regions of the country. The majority of the incidents occurred as a result of the country’s government’s beef-ban orders. It might be argued that all lynchings motivated by race or ethnicity discriminate against the entire community, in violation of Articles 14 and 15 of the Indian Constitution. The current state of mob violence in the country is deplorable, and special legislation is required to protect victims of mob violence as well as to enforce tight processes to prevent attacks and punish wrongdoers engaging in mob violence 

REFERENCE:

https://www.nextias.com/current-affairs/16-02-2022/anti-lynching-bills

https://journalsofindia.com/anti-mob-lynching-bills/

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