Mob Lynching is the term used for targeted violence by a group of people that is when under the pretext of administering justice, a mob inflicts violence on a person or a group without the recourse to the legal system.
Merriam Webster defines lynching as “to put to death by mob action without legal approval or permission”.
Lynching is used as a form of punishment which is imposed on the people by the people. Rule of law implies that no person can be punished without the authority of law. This principle of rule of law along with the enforcement agencies was designed to protect people and provide justice. But that hasn’t been the case. The mob rule is an antithesis to the rule of law.
Reasons for Mob Lynching
There are two broad categories under which the cause of mob lynching incidents happening in our country can be classified.
One is on the mere suspicion that the person or group of persons have committed or going to commit a crime.
Another ground is solely based on the identity of a person. It can be due to religion, caste, sexual orientation, dietary practices, political affiliation, etc.
The incidents which occur due to the reasons mentioned in the latter category are not merely mob violence, but they are hate crimes which target mostly the minority communities and disadvantaged people in the country.
These incidents occur due to loss of faith in the law. And the other reason is intolerance. Hate crimes are the product of such intolerance, ideological dominance and prejudice which at no cost be tolerated lest it will result in a reign of terror. Tolerance has to be fostered and practised and not allowed to be diluted in any manner.
In the times when technology is used for the betterment of society, it is misused into causing harm to people. Social media platforms meant to connect people are used as a platform to feed rumours, false news and hate messages.
The administrative machinery is either complicit or dumb spectators to this new pattern of violence and in the meantime, the mobs have acted as executioners in various incidents.
2018 Supreme Court Judgement and the Follow-up
The Supreme Court emphasised on the importance of the command/ supremacy of law and the role of the State to ensure that people don’t take the law into their hands.
The Supreme Court observed that “Lynching is an affront to the rule of law and to the exalted values of the Constitution itself”.
The Court in its judgement laid down preventive, remedial and punitive measures to combat this social evil. Some of the major guidelines include:
The Government shall take steps to identify the measures to stop such violence and lynching against any caste or community and to implement the constitutional goal of social justice and the Rule of Law.
The Government shall also take steps to curb the information which can incite mob violence.
The State Government shall prepare a victim compensation scheme.
A few states i.e., Manipur (2018), Rajasthan (2019) and West Bengal (2019) went ahead to introduce new legislation against lynching instead of waiting for the Centre.
The Bill passed by the Manipur and Rajasthan legislative assembly still waits for the President’s assent on it.
The legislation states “lynching means any act or series of acts of violence or aiding, abetting such act/acts thereof, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity or any other related grounds or on mere suspicion of commission of a cognizable crime amounting to a heinous one.”
Do we really need a Specific Law on Mob Lynching?
Under the present legislation, the offence of Mob Lynching is being prosecuted under the Indian Penal Code (IPC). Though the existing provisions in the penal code are functional in punishing the perpetrators, it does not provide any other protection to the victims of such incidents and it hasn’t been able to prevent such incidents.
So, it becomes necessary to bring in a new law which deals with all this. Some may also recommend an amendment to the Indian Penal Code (IPC) to include mob killing or lynching as an offence.
Another reason is that such cases have to be fast-tracked and must be monitored very carefully by the Police and the legal system. Though this is applicable to all the offences, in the cases of mob violence, since the number of people involved in the act is huge, swift actions are required.
A new law can also detail on the procedure of investigation, prosecution and the trial to ensure justice to the victim. It will also help in identifying and punishing the negligence and oversight of police officers who failed to perform their duty in this respect.
A provision can be made in the law relating to the security of the witnesses in such cases also, to protect their interest. As provided in the Supreme Court judgement and in the state legislation relating to mob violence, a new law can ensure that relief and rehabilitation are provided to the victim and their family.
Conclusion
Mob Violence is both a crime and an inhuman act. It totally violates the principles encompassed in the Preamble of our Constitution which is to secure to all the citizen's Justice and Liberty; and Fraternity amongst the people of the country.
We must understand that in our country accommodating pluralism is important to create a cohesive and united society. It cannot at any cost become part of the normal affairs. It is the duty of the State to protect its citizens from such vigilantes who try to shake the foundation upon which the society operates.
The majesty of the law cannot be sullied simply because an individual or a group generates the attitude that they have been empowered by the principles set out in law to take its enforcement into their own. Rule of Law has to be upheld in all the societies and there are no exceptions to it.
Key Takeaways
Merriam Webster defines lynching as “to put to death by mob action without legal approval or permission”.
Rule of law implies that no person can be punished without the authority of law. This principle of rule of law along with the enforcement agencies was designed to protect people and provide justice.
Social media platforms meant to connect people are used as a platform to feed rumours, false news and hate messages.
The Supreme Court observed that “Lynching is an affront to the rule of law and to the exalted values of the Constitution itself”.
A few states i.e., Manipur (2018), Rajasthan (2019) and West Bengal (2019) went ahead to introduce new legislation against lynching instead of waiting for the Centre.
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