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.