Rap on the Knuckles: On Lynching, Mob Violence and Judiciary Fiat

Context: 

This article is expressing the concern of lynching & mob violence.

• Recently, the Supreme Court has had to remind to Union Government and several State governments that there is need to act against the lynching of and mob violence against Muslims and marginalised sections by “cow vigilantes” in particular.

About Mob Lynching: 

• Extrajudicial Killing: Mob lynching is a heinous act of premeditated extrajudicial killing carried out by a group to punish an alleged transgressor or intimidate a community. 
• Provisions in IPC: The absence of a separate definition for lynching in the Indian Penal Code (IPC) and inadequate provisions to deal with such crimes have raised concerns about the growing incidents of mob violence in the country.

Associated Case:

• Tehseen S. Poonawalla vs Union of India, 2018: In 2018, the Court, in Tehseen S. Poonawalla vs Union of India, had held that it is 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.
• Issued Guidelines: 
  • Nodal Officer: Inclusion of a nodal [police] officer in each district.
  • Mandate: The nodal officer with the identification of districts/blocks/villages where mob violence and lynching have occurred in recent years, and the help of police intelligence, would work towards tackling such incidence in coordination with other government agencies.
    • Warning the public about the consequences of engaging in mob violence or vigilantism, among other measures.
  • Receive Help From: They were also to be aided by the initiative of the Home Ministry and State governments in sensitizing law enforcement officials.

Need for an Anti-Lynching Law: 

• A Violation of Human Rights & Dignity: Mob lynching is a violation of human rights and dignity under Article 21 of the Indian Constitution.
  • It is also a set back to the Universal Declaration of Human Rights.
  • These incidents violate the Right to Equality and Prohibition of discrimination under Articles 14 and 15 of the Indian Constitution.
• Filling Legal Gaps: Introducing an anti-lynching law would rectify the deficiencies in the current criminal justice system, providing a well-defined legal framework, to address these heinous acts. 
  • While the Indian Penal Code (IPC) contains provisions for unlawful assembly, rioting, and murder, it lacks a specific law to deal with mob lynching. 
• Combating Lawlessness: Implementing an anti-lynching law would ensure that those involved in lynching incidents are held accountable, serving as a clear deterrent against such acts of violence. 
• Responding to the Surge in Lynching Incidents: With an alarming increase in mob lynching cases over the years, it becomes imperative to adopt a focused and comprehensive legal approach to tackle this menace. 
• Ensuring Accountability and Deterrence: Introducing an anti-lynching law would hold those involved in lynching incidents accountable for their actions. 
  • The absence of a specific law might lead to cases being tried under general provisions, potentially resulting in lenient punishments or difficulties in securing convictions. 
  • A dedicated law would establish a clear deterrent against such acts of violence and promote a sense of justice. 

Causes of the Surge in Lynchings:

• Spread of False Information: The rapid dissemination of misinformation through social media platforms fuels sudden waves of hostility and contributes to the occurrence of mob violence. 
  • Alienation and Unemployment: Modernization has weakened social connections and a sense of community, leading to feelings of alienation. 
  • Additionally, high rates of unemployment have left many young individuals disconnected from society, making them susceptible to manipulation.
• Psychological and Group Dynamics: In certain cases, group dynamics and mob psychology can also contribute to the escalation of violence. 
  • People in a mob may act more aggressively and irrationally than they would as individuals, resulting in tragic outcomes. 

Consequences of Lynchings: 

• State: Lynching poses a significant threat to the fundamental rights enshrined in the constitution, creating a law and order crisis. 
• Economy: International agencies have raised concerns over mob lynching, resulting in adverse effects on foreign and domestic investments and sovereign ratings. 
  • Additionally, it obstructs internal  migration and places an extra burden on the state exchequer to address these incidents.

The Path Ahead:

• Taking Proactive Initiatives: States should adopt a proactive approach  to monitor and identify rumors spread through social media and other platforms. 
  • Learning from the examples set by some states, implementing measures to deter such incidents is crucial. 
• Establishment of Special Courts: Setting up special courts dedicated to handling mob violence cases would ensure swift and efficient justice delivery, enabling a more effective response to such incidents.
• Strong Legal Framework: Enactment of a dedicated anti-lynching law to specifically address mob violence and hold perpetrators accountable. 
  • This law should ensure prompt and fair trials, delivering appropriate punishments to deter future incidents. 
• Law Enforcement Reforms: Training and sensitizing law enforcement personnel to handle mob violence effectively, ensuring timely and appropriate responses to prevent lynchings and bring perpetrators to justice. 
• Public Awareness Campaigns: Launching widespread awareness campaigns to educate the public about the consequences of lynching, promoting a culture of tolerance, and discouraging the spread of rumors and false information. 
• Monitoring Social Media: Proactively monitoring and flagging rumors and hate speech on social media platforms to prevent the spread of misinformation and incitement to violence.
• Strengthening Intelligence Networks: Improving intelligence gathering and sharing mechanisms to detect potential incidents of mob violence and intervene before they escalate. 
• Community Engagement: Fostering community engagement and dialogue to bridge gaps between different groups and promote understanding, empathy, and cooperation among communities. 
• Protection of Vulnerable Communities: Implementing measures to protect vulnerable communities and individuals who are often targeted in lynchings, ensuring their safety and security. 
• Media Responsibility: Encouraging responsible reporting by the media to avoid sensationalizing lynchings and refraining from giving undue attention to the perpetrators. 
• Political Will and Leadership: Demonstrating strong political will and leadership to address the issue of lynching, condemning such acts unequivocally, and implementing necessary reforms.

News Source: The Hindu