Abstract:-
Mob lynching is a violent human behaviour when people punishes someone without a legal trail causing a significant injury or a death of a person. The digital era , almost every piece of news including the mob lynching is spread on social media as vast and as fast as any other thing creating a lot of mess and disturbing the peace. In recent times, mob lynchings have become more frequent in India.In India, caste, religion, geography, politics, witch hunts, and intolerance are the main causes of mob lynchings.During the division, there have been numerous instances of mob lynching as well as community and religious conflicts.Based on people’s hatred of a specific community, religion, area, caste, or sexual orientation, this violence is classified as a hate crime.Although there isn’t a national legislation against mob lynching, victims’ rights to justice under the constitution and their human rights are protected.The Criminal Procedure Code (CrPC) and the Indian Penal Code (IPC) are the procedures to punish the accused.
Keywords:-
Mob lynching , religion , caste , legality , punishment .
Introduction :-
Mob lynching is the act of a group of people circumventing legal channels to impose what they see as justice.In a short period of time, mob lynching has increased dramatically in India.Numerous innocent people have suffered horrendous torture, and some have even perished for no apparent reason.Extremism, casteism, robbery, extortion, rape, Romeo squire, antinationalist sentiment, witchhunting, social struggle, and political motives are only a few of the numerous causes of mob lynching.ABecause a group of people themselves take on the roles of judge, executioner, and lawmaker, mob lynching violence calls into doubt the legitimacy of the rule of law.The Indian legal system makes no mention of mob lynching; hence, there is no specific legislation against it or corresponding punishment.Lynching is the term used to describe the unofficial, mobled killing of a person.During the American Revolution, two Americans by the names of Carles Lynch and William Lynch coined the term “lynch” or “lynch law,” especially to address African Americans.This derivation’s purpose and connotation was punishment without a trial (Quinion, 2008).Lynch law employed the inferiorization process, which refers to focusing on a certain social group or community because black people were the intended demographic in America.The “Inferiorization Process,” according to William Oliver (1989), is the systematic use of physical violence in all spheres of societypolitical, legal, educational, economic, religious, military, and mass media.Lynching is an illegal killing committed by a crazed, morally depraved mob.In India, the practice of mob lynching is not new; during the 1857 insurrection, crowds attacked British civilians; during the 1947 Partition, mobs attacked families, individuals in villages and cities, and even set fire to the possessions of those who practiced a different faith.Last but not least, rioting by the mob during communal conflicts, such the Sikhs (1984), Christians Kandamahal (2009), Muslims Bombay riots (1992).
Literature Review :-
This research paper offers a thorough analysis of mob lynching and the criminal threat posed by the Criminal Injustice Act to humanity, covering all relevant angles from both an Indian legal and legal perspective and a global one, given the current state of affairs and the judiciary’s slick handling of the case.Due to the fact that it has given rise to unwelcome issues that are a threat to humanity, culture, nationality, caste, life, and the trend of living in a simple and peaceful environment, as well as because it is the wish or dream that stems from false humor that is directed towards someone in a group or on an individual basis,Even though those who participate in this illegal activity are unaware that their actions could have a negative impact on their physical, mental, or even fatal consequences from acts of leg pulling, lynching, or rage, it is a crime that is clearly defined by law and humanity because it affects each victim individually and is a very sensitive matter that is not appropriate to discuss or bring up in public. Instead, it is only felt and sensed by the victims of this largely silent crimeHowever, it causes a type of trauma and phobia for that particular survivor or victim of an illegal conduct to look at and interact with others.I was drawn to the topic since it is contentious and provides a chance to learn more and identify a workable solution for this deplorable situation in India.
Research Methodology :-
I took the help of the secondary sources in order to reach out the primary data . I took help of some other articles , papers , books on lynching by Ida .B. Wells Barnett. I also sort to the help of newspapers editorials . The bare acts for laws helped me in understanding the severignity in crimes . I have read and referred the articles online for the legal aspects of the society and being aware.
History of Mob Lynching :-
This tactic of using terrorism to exacerbate racial discrimination against Black Americans is intended to make them feel less valuable than White people.These mass killings took place all over the southern United States between around 1877shortly after the Civil War’s reconstructionand 1950.A traditional lynching typically involved an arrest, an assembly of a “lynchmob” determined to undermine the statutory judicial course of action, wrongful indictments that caused indistinctness in the nation, and an attack on African Americans.The injured party would typically be tortured to death by hanging from a tree and burning it on fire. They would also be arrested and threatened with bodily harm.
Victims would frequently be disfigured, and the horde would steal pieces of their hand and face bones as mementos.In many instances, law enforcement assisted and encouraged the mobs.Field Marshalls would frequently, if not always, leave a black prisoner alone in the event that rumors of lynching spread and allowed a mob to kill them before any kind of legal action could be taken, so going unnoticed by the authorities.In America, the idea of any form of intimacy between Black males and White women,whose chastity is regarded as uppermost in the hierarchy—was typically what set off lynchings.
Lynching was a tactic used to depict black people’s fear of engaging with any white ladies or men.It was believed that black males were attempting to have an intimate relationship with white women, which is the biggest threat to most white men.These atrocities were publicly perpetrated in front of witnesses.Newspaper articles about slaughters frequently caught white families’ attention and may have encouraged them to create fear of their race.White people’s anxiety was likely caused by their concern that some people of color could be better than them. As a result, they were given degrading occupations such as toilet cleaners, maids, assistants, and sweepers, and they were not promoted even though they were more deserving than any white man working.
No one with selfrespect and dignity would want to be treated less favorably in their own nation, which has outlawed discrimination of any type, but the government chose not to take a firm stance.Black people had to fight for their rights as a result, and they did so by founding the National Association for the Advancement of Colored People (NAACP).which secured legislative support by taking care of the rights and violations of people of different colors.These atrocities were merely a setback in the life of African Americans because they had no legal or other recourse; instead, they faced complete oppression.This enslavement was more of a guarantee for the Black people to be destitute and without any rights to defend them.In the end, white residents who were officially ranked dominated the inquiry and wanted to safeguard their own race and wellbeing. As a result of this unfairness, only a small number of perpetrators were ever found.
Lynching in India :-
India is a country renowned for its diversity in cultures, faiths, opinions, and many other aspects. However, it is also wellknown for its crimes, one of which is the public execution of suspected criminals.It seems that the government is quite reckless because they have not been able to implement any changes in response to this particular crime. Up until now, there have been no charges against wrongdoers, even though they were only meant to be one.
It seems normal for individuals to protest against this transgression, but since India is a common nation, it is inconceivable for any one religion to be accepted.However, this isn’t a realistic approach to provide the oppressor equality, regardless of whether they committed crime; they don’t have the right to speak after such a horrible occurrence.They were either radicals defeated by state authority, citizens killed by dangerous crowds, or warriors executed in battle.They were “us,” the folks under the largest majority rules regime in the world, who were hunted down, killed, and tormented by vengeful, violent organizations.Lynching doesn’t just kill one person or family; it instills fear in the hearts of every citizen nationwide.This is not a safe country where people are so full of rage that they don’t give a damn.Not a single case in India has resulted in justice or reached a resolution that has brought forth incredible activity to an end.All of this is demanded of the bodies that have been horrified; they pass on in utter terror and agony, claiming innocence and pleading for mercy.Simply for the word “lynching,” which the Indian Penal Code (IPC) does not recognize.
Incidents and reasons behind mob lynching in India :-
- Religious Biases majorly pertaining .
- Caste system .
- Political Parties Silence.
1] Kheerlanji Massarce , 2006
The first officially documented lynching was that of the Kherlanji massacre in 2006.On September 29, 2016, a throng of fifty locals stormed into Bhaiyyalal Bhotmange’s house and killed four members of his family in an altercation over a disagreement.Surekha, Bhotmange’s better half, and their small girl Priyanka were harassed in the town and openly mistreated before he killed them cruelly.The assault occurred after these women documented a police protest against fifteen municipalities for beating a family member.Of the 11 people reported, eight were charged in January.Efforts were made to normalize the lynching incidents, claiming that the politically dominant Kumbaya caste was outraged against the Dalits.The high courts in Bombay and Nagpur Bench determined that this was a case involving three Dalits from a single family.This is an astonishingly intricate explanation of the death punishment that was handed out by the extraordinary Fast Track preliminary court in 2008 to six of the eight accused, who were accused of ruthlessly disposing of everything save one member of a Dalit family.On the offer, the High Court supported the death penalty by stating that it was “not the arrest of the uncommon cases which supported the penalty The six individuals and the other two, who had been given life sentences by the lower court, were sentenced to 25 years in detention by the higher court.
2 ] In March 2016, Mazlum Ansari (32 years old) and Imteyaz Khan (15 years old) were brutally lynched by a mob known as ‘Gau Rakshak’ who is cow vigilantes at Chatra a district of Jharkhand. They were accused of cattle smuggling but in reality, they had a cattle market and were on their way to sell eight oxen (Scroll.in, 2016). In June 2017, a Muslim boy traveled with his two brothers was killed by a mob of Hindus after accusing him to terrorist, Pakistani, anti-national and consumer of beef. Initially, the argument was started over a train seat and turned into death of a young boy.
3 ] Palgarh lynching , 2020.
For Indians, secularity is a problem.They will battle tooth and nail over a doubt, but they don’t appear to be compassionate or understanding of the other person or, say, another faith.This crime was more shocking since lynching is simple when people are free to move about the nation and there are no police officers to prevent them from doing so, yet this occurrence occurred inApril 2020: The country is under lockdown due to a pandemic, and people are not allowed to leave their houses. This was not followed because lynchings cannot be carried out in peace and quiet at home.This lynching happened because it was believed that two men, Kalpavruksha Girian and Susilgiri Maharaj, were kidnappers and organ harvesters.Instead of taking the MumbaiGujarat highway, the two saints were returning from a funeral, and in order to avoid being hindered in their journey, the men and their driver chose an alternate route that passed via the district of Palgharto and into Gujarat.Even after taking these precautions to ensure a smooth travel, a patrol halted them.As they conversed with the guard, a group of Muslim and Christian commissioners harassed the individual and instantly turned to violence.After the police were contacted and had placed the two guys in their cars, nothing came of it as they were dragged from the police cars and brutally executed.Police have so far taken 91 adults and 9 juveniles into custody.13 The politicians were merely asserting that this is “not communal,” which doesn’t seem to be the situation at all.14 The incident is so tragic and unjustifiable, and it is a verifiable reality that propagandists are powerless to prevent this one from receiving a communal backlash as well.In a nation where social seclusion and lockdown are so prevalent, tough policing ought to be an extraordinary outcome.Additionally, gossiping should be avoided from the start, and people who are prone to transmitting viruses should be handled with caution.The only reasonable means of managing such misdemeanors is through effective police, at least until legislation is implemented or such behavior is outlawed.
Punishment for mob lynching in India :-
As mob lynching is increasing day by day and this leading to the killing of innocent people. Is the punishment enough that is there or do we need some strict punishment to stop the lynching. Punishment for mob Lynching is not specific. It all depends on the facts of the case. For example ;
Section 302 of Indian Penal Code: Section 302 of IPC defines punishment for murder. It states that whoever commits murder shall be punished with death, or imprisonment for life and shall also be liable to fine. This section can be applied to a mob if victim is dead.
Section 304 of Indian Penal Code: Culpable Homicide not amounting to murder. Whoever commits culpable homicide not amounting to murder shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Section 307 of Indian Penal Code: Attempt to Murder. Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.
Section 325 of IPC :- Punishment for voluntarily causing grievous hurt. Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Section 34 of IPC :-This section defines common intention. When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.
Section 120B of IPC :-Criminal conspiracy If a group of people conspire to commit an offence punishable with death or imprisonment will be liable under this section.
Section 147 and 148 of IPC In this section, rioting and its punishment is defined. Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Section 141 of IPC: This section deals with unlawful assembly. An assembly of five or more persons is designated an “unlawful assembly”. If an assembly commits any wrong to anyone, they all will come under this unlawful assembly and will be prosecuted with the punishment.
As we know that, in India there is no specific law that deals with mob lynching. Mob Lynching is a serious crime and should not be taken lightly. Government should take steps to stop communal dispute and mob lynching by different communities. Union Home Minister assured that the centre would ask the state government to pursue the mob lynching cases at the earliest. But the home minister was not able to explain what steps government is taking to ensure security of citizens.
MUSUKA Manav Suraksha Kanoon:
As the mob lynching is rising there is a concern within the society. The concern by every citizen of India. Concern of not having a specific law against mob lynching, due to which the accused gets aways with the most heinous crimes. But the societies are coming together to make a new law against lynching. This law is called MUSUKA. The National Campaign Against mob lynching launched a draft law named MASUKA. Prakash Ambedkar, grandson of BR Ambedkar, and activist Tehseen Poonawalla drafted a law with Shehla Rashid, Shehzad Poonawalla and other members of National Campaign Against Mob Lynching (NCAML) in the presence of lawyer Sanjay Hegde, Professor Manoj Jha at the Constitutional Club today.
MSUKA is a law which is related to mob lynching only. It will define the word ‘mob’ and ‘lynching’. Lynching will be made a non-bailable offence. Life imprisonment may be given to convicts under mob lynching. The provisions for a time bound judicial enquiry which should not take more than six months. Also, the victims will receive compensation.
Conclusion :-
All legal instruments, including those pertaining to moral rights, human rights, and fundamental rights, have referenced the advancement of the disadvantaged and marginalized groups within society.However, the majority of crimes are committed against them.The irony resides in Native Americans’ great dislike of the law, which leads them to assume they are above it and commit activities that undermine law and order.Such events frighten and inspire fear throughout society, obstructing its progress.The Indian populace’s intelligence is evidenced by their naive faith in religion, reliance on superstitions, and confidence in caste systems. Using violence is not an option. People can alter society just by speaking out. “Raise your voice, not your hand” if you want to alter something in society. More importantly, the government should enact the new MASUKA law, which will bring legal and political minds together to try to find a solution.And by doing this, many lives can be saved in coming years. STOP MOB LYNCHING!
References :-
Mob lynching : a rising threat dt.23-04-20 www.legalservicesindia.com
Rising mob violence in India dt. 14-05-20 www.civilservicesindia.com
“Lynching without end”: fact finding report into religious motivated vigilant violence in India published by Citizens against Hate, New Delhi, September 2017
Whatisbehindindia’sepidemicof‘moblynching’dt29-0420;indiamoblynching:vigilantevictims seek justice dt. 7-05-20 www.aljazeera.com
Haveissuedadvisoriestostates,UTstocheckmoblynching:govtinparliament.Dt14-05-20 www.thelogicalindian.com
Author: SOHAIR AHMED SHAIKH, a Student of SHREE L.R.TIWARI COLLEGE OF LAW
