Author: Pragati Chaurasiya, 2nd year, CNLU Patna
Mob lynching happens when a group of people take the law into their own hands and violently attack someone. Sadly, this has been become more common in India. Even though our constitution and laws are there to protect us, they don’t directly address mob lynching, making it harder to stop. The 2017 PEHLU KHAN lynching case [1] marked a chilling moment in India’s struggle with mob violence. Pehlu Khan, a 55-year-old dairy farmer from Haryana, was transporting cattle he had legally purchased when he was brutally attacked by a mob in Rajasthan. This tragic event shocked the nation and the world. It showed how dangerous mob violence fuelled by cow vigilantism has become. It also exposed problems in how the law handles such cases, as many attackers were let go because of weak evidence and mistakes during the investigation. This article explains what mob lynching is, why it happens, and what can be done legally to prevent it.
ABSTRACT
This article looks into mob lynching in India, focusing on why it happens and how it affects society. It also discusses the gaps in our current laws, like Bharatiya Nyaya Sanhita, 2023(BNS) and the Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS), which aren’t enough to deal with this issue. The Supreme Court’s decision in Tehseen S. Poonawalla v. Union of India (2018) [2] was a step in the right direction, but the lack of proper enforcement means mob lynching continues. The article emphasizes the need for a dedicated anti-lynching law and increased public awareness to effectively prevent such crimes.
CAUSES
Mob lynching happens when a group of people violently attack someone, often without any legal process. There are several reasons which contribute to this troubling behaviour. First, prejudice and discrimination against certain communities, based on things like caste or religion, can make people feel justified in taking the law into their own hands. Second, some groups believe in vigilantism, where they think it’s their duty to punish those they see as wrongdoers, especially if they feel the police won’t help. Third, false information spread through social media can lead to panic and anger, causing people to act violently against innocent individuals. Finally, a weak law enforcement system contributes to a culture of impunity, where perpetrators feel emboldened to act violently without fear of consequences.[3]
LEGAL MECHANISM IN INDIA AGAINST MOB LYNCHING
India has been taking steps to address the issue of mob lynching through various legal mechanisms, particularly with the introduction of new laws and bills aimed at criminalizing this act. The Bharatiya Nyaya Sanhita, 2023, proposes to replace the Indian Penal Code and includes specific provisions for mob lynching, defining it as an act committed by a group of five or more individuals based on various discriminatory grounds.[4] The proposed punishment ranges from a minimum of seven years to life imprisonment or even the death penalty for those involved in such acts [5]. Several states, including Manipur and Rajasthan, have also introduced their own anti-lynching bills that outline punishments and establish protocols for victim protection and rehabilitation [6]. However, there are challenges in implementation, as many existing state laws have not been enforced effectively due to a lack of clarity in definitions and political considerations.
STEPS TAKEN BY GOVERNMENT
With this issue being the burning coal, the government and judiciary have introduced various measures to curb mob lynching in the country.
- Designated Fast Track Courts- One of the measures suggested by the Supreme Court was setting up special fast-track courts in every district. These courts would handle mob lynching cases exclusively, ensuring speedy trials and timely justice. This step aimed to prevent delays in legal proceedings and bring perpetrators to justice swiftly.
- Special Task Forces- The Supreme Court also recommended forming special task forces. These task forces would collect intelligence reports about individuals involved in spreading hate speeches, provocative messages, and fake news that could incite mob violence. By identifying and addressing these threats early, the authorities could prevent such incidents from occurring.
- Victim Compensation Schemes- To support the victims of mob violence, the court directed the implementation of victim compensation schemes. These schemes would provide financial relief and rehabilitation for the victims and their families. The goal was to help them recover from the trauma and losses caused by these heinous acts.
- Monitoring Progress and Compliance- In July 2019, a year after these measures were proposed, the Supreme Court asked the Centre and several states to submit compliance reports. The court wanted to know what steps had been taken to implement its recommendations. This follow-up showed the court’s commitment to ensuring that its directives were not just on paper but were actively enforced.
- Laws Against Mob Lynching- Despite the Supreme Court’s efforts, only a few states have taken concrete legislative steps to address mob lynching. As of now, only Manipur, West Bengal, and Rajasthan have enacted specific laws against mob lynching. Recently, the Jharkhand Assembly also passed the Prevention of Mob Violence and Mob Lynching Bill, 2021 [7], signalling progress in this direction.
CONCLUSION
Mob lynching is one of the biggest challenges to maintaining law and order and ensuring peace in society. While the judiciary and the government have taken several steps to address this problem, the issue still exists because these measures often remain on paper. Lack of proper implementation, unawareness among people, and deep-rooted societal biases are some of the key reasons why mob lynching continues. It’s clear that just having laws isn’t enough; everyone in society needs to come together to solve this problem.
The Supreme Court has made some important recommendations like setting up fast-track courts and offering compensation to victims. These steps show that the judiciary is serious about tackling mob lynching. But the real problem is putting these ideas into action. For instance, fast-track courts are supposed to deliver quick justice, but many states still haven’t set them up. This causes unnecessary delays and adds to the suffering of victims and their families. Similarly, the compensation schemes meant to support victims often remain unfulfilled, leaving families to struggle on their own instead of helping them recover from the trauma.
As a citizen, mob lynching is not just a legal or political issue but a societal one. It stems from a toxic combination of misinformation, blind faith, and herd mentality, fuelled further by unchecked hate speech and provocative messaging. Social media platforms play a significant role in amplifying fake news and spreading communal or divisive sentiments. Education along with awareness about communal harmony play a key role in fighting mob lynching. Schools and colleges should teach students about communal harmony, the harmful effects of spreading false information, and the value of thinking critically. Public awareness campaigns are also essential to inform people about the legal consequences of being part of or supporting mob violence. It is important for everyone to realize that no belief, misunderstanding, or grievance gives them the right to take the law into their own hands. Only by doing this can we hope to put an end to mob lynching and create a safer and fairer society for everyone.
FAQs
- What is mob lynching, and why is it a serious issue?
Mob lynching refers to incidents where a group of people takes the law into their own hands to punish an individual, often based on rumours or misinformation. It is a serious problem because it undermines the rule of law, spreads fear in society, and violates basic human rights. - What steps has the Supreme Court suggested to curb mob lynching?
The Supreme Court has recommended several measures, including setting up fast-track courts for speedy trials, forming special task forces to monitor hate speech and fake news, and implementing victim compensation schemes for rehabilitation and relief. - Why is education and awareness important in combating mob lynching?
Education and awareness help people understand the dangers of misinformation and the importance of respecting the law. Schools and public campaigns can teach individuals about communal harmony, critical thinking, and the legal consequences of mob violence. - Which states have enacted specific laws against mob lynching?
As of now, Manipur, West Bengal, and Rajasthan have enacted laws against mob lynching. Additionally, the Jharkhand Assembly has passed the Prevention of Mob Violence and Mob Lynching Bill, 2021. - What role can citizens play in preventing mob lynching?
Citizens can help by avoiding the spread of rumours, promoting peace and empathy, and reporting incidents of hate speech or mob violence to authorities. Collective action and public accountability are crucial for tackling this issue effectively.
END-NOTES:
[1] https://cjp.org.in/no-one-killed-pehlu-khan/ (last visited on 19-12-20204)
[2] AIR 2018 SUPREME COURT 3354
[3] https://lawcrust.com/mob-lynching/
[4] Section 103(2) of the Bharatiya Nyaya Sanhita (BNS) of 2023
[5] https://nualslawjournal.com/2024/04/22/criminalisation-of-mob-lynching-under-the-bhartiya-nyaya-second-sanhita-2023/ (last visited on 19-12-20204)
[6] https://www.nextias.com/ca/current-affairs/16-02-2022/anti-lynching-bills (last visited on 19-12-20204)
[7] https://www.drishtiias.com/state-pcs-current-affairs/mob-violence-and-prevention-of-mob-lynching-bill-2021 (last visited on 19-12-20204)
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