Author: Hamna Fahad Faculty of Law Aligarh Muslim University
Abstract
Mob lynching-the vicious act of violence committed by a mob uninhibited-was indeed a harsh reminder of the growing intolerance and disrespect for the rule of law. It continues to undermine the constitutional ethos of justice, equality, and fair trial, often severely shaken by psychological “mob mentality” and lack of faith in the judicial system. In an endeavor to come up with legislative intervention, some appropriate laws continue to be ineffectual enough to deal with the menace holistically. This article brings under the view of critical examination the phenomenon of mob lynching, its socio-legal implications, legislative frameworks, landmark judgments, and the recent provisions under the Bhartiya Nyaya Sanhita, 2023. The study has insisted upon the gravity of this offence requiring a separate piece of legislation.
Introduction
This tradition of lynching, which is usually traced to the name of Captain William Lynch in 18th century Virginia, denotes extra-judicial killing of people by mobs. In the Indian context, mob lynching has assumed a unique dimension-it often takes place with a target on grounds of religion, caste, or just rumors spread on social media platforms. Such acts not only challenge the rule of law but also the secular and democratic fabric of the nation.
Recent past incidents, like the 2018 Karnataka WhatsApp child abduction rumors wherein several people lost their lives, prove to be alarmingly high numbers of crime. Although the Indian Penal Code has conferred legal provisions and judicial interventions, such as Tehseen S. Poonawalla v. Union of India, which still acts as a pacebreaker for justice, there is still no distinct legal framework against mob lynching.
Existing Legal Framework
Provisions under the Indian Penal Code (IPC)
Mob lynching is not considered an independent crime under the IPC, but it can be covered under various provisions according to the facts of the case:
Murder: Section 302
Culpable homicide not amounting to murder: Section 304
Unlawful assembly: Section 141
Rioting: Section 146
Promoting enmity between groups: Section 153A
Outraging religious feelings: Section 295A
These sections generally are read along with Section 34 (common intention) or Section 149 (offence committed by unlawful assembly), and the motive of communal or caste-based one behind mob lynching has never been discussed.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Life sentence has been stipulated for those offenses committed with knowledge against the Scheduled Castes or Tribes under Section 3(2)(v) of the Act. Nonetheless, the law is confined to caste-based violence and does not go beyond the classes of victims.
Judicial Pronouncements
The judgment of Tehseen S. Poonawalla in 2018 interpreted guidelines on preventive, remedial as well as punitive measures as having been provided:
1. Nodal officers are appointed in each district.
2. Registered FIRs under relevant sections of the IPC without delay.
3. Enactment of victim compensation programs
Despite such guidelines, the pragmatic application poses quite a challenge in such situations, and the so-called lynching thrives.
Recent Legislative Developments
1. Bhartiya Nyaya Sanhita, 2023
The Bhartiya Nyaya Sanhita to replace the IPC contains certain provisions specifically for mob lynching:
Clause 103(2): Death, imprisonment for life, or a minimum of 7 years’ imprisonment for murder by five or more persons in the case of lynching.
Clause 117(4): Up to 7 years’ imprisonment for grievous hurt inflicted by a group on grounds of discrimination.
Even these provisions are not sufficient in many respects:
The five-person threshold bars smaller gangs.
There are no minimum awards and victims’ compensations.
No provisions relate to police dereliction.
2. Manav Suraksha Kanoon (MaSuKa)
The private member bill, MaSuKa, introduced in 2017, was much more specific:
• Lynching to be classified as a standalone hate crime
• Dedicated courts to ensure speedy trials
• Rehabilitation to be done for the victims
• Severe retribution to the police for not acting.
Though the bill is very well-planned, it could not become a legislation; hence, the nation is relying on the vague penal provisions.
Case Studies
- Mohammad Azam Case (2018):
A software engineer was lynched in Karnataka on this basis of child abduction rumors spread through WhatsApp.
The police apprehended 22 people and disbanded 20 WhatsApp groups.
It highlights the social media role that instigates mob violence.
- Pehlu Khan Case (2017):
A dairy farmer in Rajasthan was killed by a mob over allegations of cow smuggling.
The six accused were acquitted as there was a lack of evidence.
Exposed procedural lapses in investigation and prosecution.
- Alimuddin Ansari Case (2017):
A meat trader was lynched in Jharkhand on suspicion of carrying beef.
The High Court suspended the life sentences of 8 convicts, citing inadequate evidence.
These cases point out the difficulties of collecting evidence, identifying the mobs, and conducting just trials.
Role of Technology in Mob Lynching
Social media like WhatsApp have now become politically convenient instruments for these mobs. Rumours and video clips manipulated can set off riots in hours, and the authorities are left playing catch-up. WhatsApp has proceeded to make changes both voluntarily and under pressure from the government and these include;
- Limiting forwarding of messages to five chats
- Removing forward option for multimedia.
However, then technological interventions cannot reverse deep-seated biases and societal intolerance.
Challenges in Combating Mob Lynching
- Lack of Distinct Legal Recognition:
Mob lynching is usually dealt with under the existing purview of murder and rioting, which misses out on both the severity and hate crimes aspects of the offense.
- Implementation Gaps:
Tehseen Poonawalla’s guidelines are left half implemented because of bureaucratic inertia and absence of accountability.
- Socio-Economic Influences:
The perpetrators usually have political or social support, which manipulates investigation and trial proceedings.
- Late Justice:
Long-drawn trials and unavailability of fast-track courts lead to miscarriage of justice and discourage victims from even approaching the courts for justice.
Recommendations
1. Special Law:
An anti-lynching law should be enacted with a comprehensive approach towards prevention, punishment, and rehabilitation of victims
2. Improving Policing:
Training for Police on dealing with mobs and the need to conduct unbiased investigations
3. Fast-Track Courts:
Section: Designated Courts
Establish such courts that dispense speedy justice on the lynching victim.
4. Public Awareness Programme:
To educate the public about the danger of mob violence and misinformation being spread.
5. Regulation of Social Media:
Increased accountability of the social media platforms that allow the circulation of inflammatory material.
Conclusion
Criminalizing mob lynching as a distinct offense under Bhartiya Nyaya Sanhita, 2023 is good legislation. But the legislation must go far beyond punishment and itself take on tasks of prevention and rehabilitation of victims. An all-embracing approach as outlined in Manav Suraksha Kanoon is a necessity to effectively check this menace. Mob lynching is nothing but attacking a law-abiding citizen, but it is also a threat to the rule of law and to society in general. It requires swift and joint efforts from the legislature, the judiciary, law enforcement, and civil society.
FAQs
- What is mob lynching?
Mob lynching refers to violence by an uncontrolled group intending to harm or kill an individual based on allegations without a fair trial.
- Is lynching by a mob considered an independent offence in India?
No, it is not explicitly recognized under existing laws but is addressed under sections related to murder, rioting, and unlawful assembly.
- What are the key provisions for mob lynching under the Bhartiya Nyaya Sanhita, 2023?
Clause 103(2) and Clause 117(4) provide for punishment ranging from seven years’ imprisonment to the death penalty, depending on the severity of the crime.
- What is the role of social media in mob lynching?
Social media platforms like WhatsApp often serve as catalysts, spreading rumors and inciting mobs to commit violence.
- Why is a special anti-lynching law necessary?
Existing laws fail to address the hate-driven and communal motives behind mob lynching, necessitating a specialized legal framework.