This article has been written by Mr. Mustafa Khan, a 1st year LLB student, at Integral University.                                                    

Introduction

With countless incidences being recorded all throughout India in recent years, mob lynching has become a significant cause for concern. Mob lynchings can occur for any number of causes, including political animosity and religious prejudice, as well as suspicions of theft, rape, kidnapping, and other crimes. However, cow vigilantism is the most frequent cause of mob lynching in India. Hindus hold cows in high regard, hence the practise of cow vigilantism involves people or organisations using force to defend them. The vigilantes often physically assault and lynch anyone who are suspected of transporting or killing cows or slaughtering them. The Muslim and Dalit populations in India, who are frequently the targets of such violence, have experienced widespread dread and insecurity as a result of such instances. A different type of mob lynching that occurs in India involves the dissemination of false information on social media. False reports of child kidnapping, organ harvesting, and cow slaughter have sparked violent attacks on defenceless bystanders that have claimed several lives. These examples demonstrate the perilous effects of false information and the requirement for proper social media use. A number of actions have been made by the Indian government to address the problem of mob lynching. The Protection of Children from Sexual Offences (Amendment) Bill, which was passed by the Indian Parliament in 2019, also contains a clause that would punish mob lynching with a heavy punishment and life in prison. The Indian Supreme Court has recently issued instructions to stop lynchings and mob violence, advising the government to punish offenders harshly. As a new anti-mob lynching law, the Prevention of Lynching Bill, 2021 was just introduced in the Indian Parliament.

 The purpose of this measure is to impose severe penalties, such as life imprisonment and a fine, on people who participate in mob lynchings. Additionally, the bill suggests creating special courts for the swift trial of lynching cases. However, the success of such actions depends on how well they are put into practise and on the capacity of the authorities to deal with the underlying causes of mob violence. India’s mob lynching issue is complicated and calls for an all-encompassing solution that deals with the underlying problems of intolerance, prejudice, and disinformation. We can only end this horrible crime and create a society based on justice and compassion via collaborative efforts and responsible action. Mob lynching is still a serious issue in many parts of the world today, with the victims frequently being people from marginalised and discriminated-against vulnerable communities. Mob lynching has far-reaching effects on society as a whole, not only on the victims and their families since the rule of law and the justice system are undermined.

Mob lynching is a complicated and multifaceted issue that calls for an all-encompassing solution that addresses the root causes of violence, such as social and economic injustice, intolerance, and prejudice. Anti-mob lynching legislation can be very important in setting up a legal framework for prosecuting the perpetrators and giving the victims justice. However, their success depends on how well they are put into practise and on the capacity of the authorities to deal with the underlying causes of mob violence.

Legal Framework

The Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC) serve as the main legal underpinning for anti-mob lynching legislation in India. The Protection of Children from Sexual Offences (Amendment) Bill, which was passed by the Indian Parliament in 2019, also contains a clause that would punish mob lynching with a heavy punishment and life in prison.

As a new anti-mob lynching law, the Prevention of Lynching Bill, 2021 was just introduced in the Indian Parliament. The following are the bill’s principal provisions:

Punishment for lynching: The proposed legislation would punish lynching with harsh imprisonment for a term of at least five years and as long as life. The law also suggests fining the offender an amount that cannot be less than Rs. 1 lakh.

Offences under the bill: According to the bill, lynching is defined as a violent act or vigilante action by a mob that results in the death of a person or serious harm to them. The measure also addresses additional lynching-related offences like plotting, aiding, and abetting, as well as propagating false information.

Special courts: The measure suggests creating specialised courts for lynching cases in each area. These tribunals will be known as “Special Lynching Offences Courts” and will have the authority to recognise the crime and conduct a trial.

Compensatory relief: The measure suggests offering restitution to lynching victims and their relatives. Financial compensation, medical costs, and rehabilitation costs could all be part of the relief.

Obligation of police officers: Police officials are required by the bill to stop lynchings before they happen and to look into any reported occurrences. The measure also specifies how police officers who neglect their duty would be punished.

The Prevention of Lynching Bill, 2021 attempts to offer a thorough legislative framework to stop the mob lynching problem in India overall. However, the bill’s effectiveness will depend on how well it is put into practise and on how well the authorities can deal with the underlying issues that lead to mob violence.

Existing laws that could be utilized in lynching situations:

1. Section 129 of CrPC states:

An illegal gathering or a gathering of five or more people who are likely to disturb the peace of the community may be ordered to disperse by any Executive Magistrate, officer in charge of a police station, or, in the absence of an officer in charge, any police officer with at least the rank of sub-inspector.

The participants in the gathering must then scatter. Force may be used to disperse the crowd by any Execalve Magistrate or police officer designated in subsection (1), and if required, those present may be arrested and detained.

2. Section 302 of IPC states:

In addition to a fine, it specifies the death penalty or life in prison as a form of punishment.

3. Section 304 of IPC states:

It specifies the penalty for culpable homicide that is not murder. It provides for imprisonment of either kind for a time that may extend to ten years, as well as a fine.

Guidelines established by the Supreme Court

The three-judge panel, chaired by Chief Justice Dipak Misra, asked Parliament to pass new legislation to address the issues caused by vigilante squads, but stated that existing norms will stay in effect until new legislation is passed.

These guidelines are mentioned below.

The nodal officer for the district must be a senior police officer with a minimum rank of police superintendent. These policemen will organise a task force to prevent mob violence and lynching with the support of a DSP officer. The task team will evaluate who is most likely to conduct such atrocities by identifying those who spread hate speech, provocative statements, and fake news.

State officials must rapidly discover which districts, subdivisions, and villages have been accused of lynching and mob violence in the previous few months. The identifying procedure shall be finished three weeks after the date of the judgement.

• The officer in command, local intelligence units, and station house police would meet on a regular basis to discuss vigilantism and mob violence.
• Either the director-general of police or the secretary of the home department will conduct frequent assessments (at least once a quarter) of all nodal authorities and state police intelligence chiefs. All police officers will be responsible for dispersing violent or lynch mobs.
• In a letter to the SPs, the DGP will explain why police patrols are conducted in high-risk areas.

The federal and state governments should warn through all media, including the home department and state police websites, that lynching and mob violence will have serious consequences.

• Promoting hatred among people is a felony in India, according to Section 153A of the Indian Penal Code, and is punished by up to five years in prison (IPC).

Recent incidents of mob lynching:

• The Sikh Sangat (Sikh adherents) executed a guy by lynching him to death in December 2021 at the Shri Harmandir Sahib Gurudwara (Golden Temple) in Amritsar for allegedly offending the Shri Guru Granth Sahib Ji.
• In Assam in 2021, a mob is accused of killing a 23-year-old student leader.
• A guy was allegedly lynched in October 2021, had his limbs chopped, and was then abandoned to die close to the Singhu Border, the scene of farmers’ demonstrations against the three agricultural restrictions.
• A throng in Indore allegedly beat up a bangle salesman in August 2021 for allegedly hiding his identity.
• The man made it out alive and was arrested.
• A 25-year-old man from Gurugram is said to have been lynched in May 2021 while out buying medications.

Punishments for lynching

In our country, there is no codified legislation or legal provision that particularly addresses lynching or mob violence. However, the punishment for mob lynching is provided by the following laws, which are currently part of the Indian Penal Code:

1. Indian Penal Code Section 302- This section of the IPC deals with murder-related punishments. It declared that everyone who commits murder is punished with either life imprisonment or death. In several situations, the convict may even face punishment.
2. Section 304 of the Indian Penal Code- Section 304 of the IPC deals with penalty for negligent homicide that does not amount to murder. The following punishments are possible: -Life Imprisonment
3. -The person can be sentenced to ten years in jail and fined if he commits a crime or causes an injury that is likely to result in the death of another person.
4. 4. Indian Penal Code Section 325- This provision establishes penalties for causing grave harm to another person voluntarily. Under the provisions of this section, a person who voluntarily causes serious harm, save in cases of provocation (as provided for in section 335), is likely to be punished with imprisonment for a duration of up to seven years as well as payment of a fine.
5. provision 34 of the Indian Penal Code- This provision specifies the punishment for conduct committed by multiple people in furtherance of a single goal. It states that when numerous people commit a criminal conduct with the same intent, each of them is accountable for that act in the same way as if he did it alone.
6. provision 120 B of the Indian Penal Code- This provision establishes the penalties for parties who collaborate in a criminal plot. It is stated:

When committing a conspiracy for an offence punishable by life imprisonment, death, or imprisonment for two years or more, the offender is punished in the same way as if he or she had abetted the offender in committing the offence.

-In the case of conspiracy for an offence that is not punishable by death, life imprisonment, or imprisonment for two years or more, the criminal faces up to six months in prison, a fine, or both.

Important judgements

The citizens of the Dantewada District and its surrounding areas in the State of Chattisgarh claimed a number of human rights violations as a result of the ongoing armed Maoist insurgency in the case of Nandini Sundar and others v. State of Chattisgarh.To combat this, the Chhattisgarh government hired and equipped a local tribal youth organisation as Special Protection Officers (SPOs) to battle the Maoists. According to the authorities, the government is correct in arming tribal people in compliance with the Indian Constitution in order to combat “extremist Maoists.” In this decision, the Supreme Court stated that it is the role of the state to strive continuously and persistently to create brotherhood among all people so that the dignity of every person can be maintained, promoted, and nourished. As a result, it is the state’s responsibility to prevent crime in the state in order to ensure absolute harmony among the people.

In the matter of Mohd. Haroon and others v. Union of India and others regarding the riots in the District Muzaffarnagar, Uttar Pradesh, a writ petition was submitted to the Supreme Court. There was communal tension in the city, which forced some to flee their houses out of anxiety and fear. In this instance, the petitioners argued that instead of enforcing the law, the local administration carelessly permitted the congregation to take place and neglected to monitor its operations. Furthermore, it was decided that victims of mob lynchings cannot be discriminated against because of their community or religion. Community relief must take the form of rehabilitation and recompense. The Supreme Court further noted that it is the responsibility of the State Administration, in collaboration with appropriate intelligence agencies from both the Centre and the State, to avoid communal violence in all parts of the State. If any officer charged with maintaining peace and order in the state is proved to be careless, he will be penalised in line with the law.

In addition, a Writ Petition was submitted to the court in the case of Archbishop Raphael Cheenath S.V.D v. the State of Orissa and others to draw attention to the State of Orissa’s shortcomings in providing police protection for its citizens during the Maoist assassination of Swami Laxmananda Saraswati and in maintaining law and order in Kandhamal District of Orissa. In this instance, the court stated that the state government must investigate and identify the root causes of such communal riots, as well as reinforce the police infrastructure, in order to quell communal unrest. The court emphasised the state’s peace-building efforts.

Conclusion 

Mob lynchings can occur for a variety of causes. Witch-hunting was one of the causes of mob violence, with 2000 mentally challenged women killed because of reports accusing them of stealing and murdering infants. Conflicts between different communities have a detrimental effect on India, as evidenced by the 1984 Sikh riots, the anti-Muslim riots in Gujarat, India, or the murder of Ghulam Muhammad by Hindu Yuva Mahaini for no other reason than his acquaintance with a Hindu girl living nearby.  To overcome such cases, knowledge must be raised among those who accept responsibility for enforcing the laws and violating the rights of others due to a misunderstanding of justice. In today’s world, lynchings and vigilante attacks have become weapons of choice for violence against minorities, particularly members of minority communities such as Muslims. Vigilante attacks and lynching are not the same as “communal riots.” These are instances of mob violence committed primarily by people who presume the power of the state due to a lack of concept of justice. Lynchings are claimed to have occurred on a regular basis, resulting in a “national epidemic.”

As a result of such a case, the people of India have learned to bear justice with an overwhelming sense of foreboding that has equated to a lurking, unidentified, unsaid fear. Because of its extreme character, it has caused people to fear being attacked by mobs and being vulnerable in the circumstance. Sadly, there have been numerous instances of mob lynching and other forms of mob violence recorded from different parts of India.

 The majority of the cases arose as a result of the country’s government’s beef-ban regulations. It might be argued that all lynchings based on identification discriminate against the entire community, in violation of Articles 14 and 15 of the Indian Constitution. The level of mob violence in the nation at the moment is appalling, and special legislation is needed to protect mob violence victims as well as to establish stringent procedures to limit attacks and punish offenders who engage in mob violence.

Reference

https://www.insightsonindia.com/2022/02/16/anti-mob-lynching-bills/

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

https://blog.forumias.com/anti-mob-lynching-bills-passed-by-4-assemblies-at-various-levels-of-non-implementation/