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MOB
LYNCHING: SOCIO-LEGAL MORALITY
Dr.
Ganesh Dubey
Associate Professor & Head,
Institute of Law, Jiwaji University,
Gwalior.
Anchit
Verma
Research Scholar,
Institute of Law, Jiwaji University,
Gwalior.
Abstract
Now a day’s mob lynching is
becoming huge problem in our society, ‘social clashes and intolerance are the
triggers to fire,’ ‘bullet of such lynching.’ In this research paper backdrop
and categories of mob lynching discussed along with its effect and statutory provisions
in India. Reasons, suggestions and solutions are the main focus of this
research paper.
Key Word: Mob
Lynching, Freedom of Matrimonial Alliances in
the Name of Honour and Tradition bill-2019, The
Rajasthan Protection from Lynching Bill-2019, Status of Lynching in India, ‘NOT
IN MY NAME’ campaign.
1. Background
Mob lynching comprises
a violent group of aggressive people and targeting an individual or a group of
individuals, resulting in hate crime,[1]
on the ground of caste, colour or creed - based discrimination, religious
violence against a particular community. It can be explained as an
extreme form of casual group social control, and it is often led with the
display of a public vision for maximum bullying[2].
Cases of mob lynching
across the country are rising day after day. Till date large of people have
lost their lives in mob lynching over the last decade. Despite political
promises and administrative assurance, not a single affective step has been
taken on the field to neutralize the situation till now.
2.
Categories of Mob Lynching
Mob lynching is not just an act out of hatred, but it’s a
psychology as well. In India psychology varies cast to cast, religion to
religion and place to place. Such difference can be classified into categories
of mob lynching-
i.
Cast
Superiority and Inferiority
There are many cases of mob
lynching based on cast superiority and inferiority held in the nation since
years. Now a day’s honour killing is another face of such brutal conflicts. A
young couple who were planning to marry were brutally murdered in the Indian
state of Haryana on Wednesday. Police are treating the case as an "honour
crime".[3] This
is not a single case, we have big list held behind. Recently “Article 15” a
Bollywood movie highlighted the issue.
'The Rajasthan Prohibition of Interference with the Freedom
of Matrimonial Alliances in the Name of Honour and Tradition bill-2019' and
'The Rajasthan Protection from Lynching Bill-2019' were introduced. According
to the bill to curb honour killing, "There has been a spurt in illegal
intimidation by self-appointed bodies for bringing pressure against 'sagotra'
marriages and inter-caste, inter-community and inter-religious marriages
between two consenting adults in the name of justifying the honour of the
family, caste or community.[4]
ii.
Religious
intolerance
India is brand of many ethnic and religious
communities in comparison to other countries of the world. Around 2000-
different castes, there are 8 "major" religions, more than 15-
different languages in 22 states and union territories, and a large number of
tribes and sects.[5] Due Such
diversity, conflict of interest arises, resulting in intolerance and finally
mob lynching.
The Supreme Court blamed the frequent cases of
lynching being reported from various parts of the nation on the rising
“intolerance and polarisation”, and advised the Parliament to enact a new law
to develop some deterrence of law among those who take law into their own
hands. A three -judge bench, led by CJI Dipak Misra, said.
“Hate crimes as a product of
intolerance, ideological dominance and prejudice ought not to be tolerated...
Extra judicial elements and non-state actors cannot be allowed to take the place
of law...” “These extrajudicial attempts under the guise of protection of the
law have to be nipped in the bud.”[6]
iii.
Rage
against crime and criminal
Crime
rate is increasing day after day, and due to negligence, unnecessary delay on
part of public administration to assure justice and temerity on part of people
results in rage against crime and criminal and even against public officials.
There are cases when a mob in an Indian village has beaten to
death three men suspected of trying to steal cattle, the latest in a spate of
attacks that have provoked alarm among the country's religious minorities.[7] A
high-ranking police officer has been beaten to death in Kashmir by an angry mob
that witnesses say had taken him for a spy or assassin.[8] A
mob in border district of Kupwara in Jammu and Kashmir on Tuesday accused a
soldier of being a braid chopper and beat him before being rescued by the
police and army….the jawan was rescued by troops, locals indulged in stone
pelting on the security force personnel, who retaliated by lobbing tear smoke
shells. The clashes continued for some time.[9]
3.
Status of Lynching in India
i.
Rumours
of child lifters
Act of mob violence, flickered by rumours about
child lifters are totally linked lack of public confidence in the police.
Common feels that police lack the skill to track down the criminals. According
to home-ministry figures, 54,723 child kidnapping cases (2016), 41,893 cases
(2015), 37,854 cases (2014). It was found that the police filed charges against
the kidnappers in only 40 per cent cases in 2016 and around 23 per cent of the
cases decided in 2016. Practically speaking around three out of four people put
to trial for child kidnapping walked free. Besides, state governments should be
vigilante and try to prevent mob violence triggered by rumours.[10]
ii.
Cow
‘protectors' and 'eaters'
As far as religious sentiments for cow concern, from
last few years these sentiments become matter of religious prestige and in
response the socio-moral policing become vibrant and furious. There are many
examples of mob lynching occurred between cow protectors and eaters, one of the
major cases to be prominently covered by the media in recently was the 2015
murder of 52-year-old Mohammad Akhlaq. An angry mob accusing Akhlaq of eating
beef dragged him out of his home in Bishara, a village near the city of Dadri
in the state of Uttar Pradesh, and beat him to death.[11]
iii.
Silence of political class
Notwithstanding the increasing mob violence, the
political parties and bureaucracy constantly remain a quiet observer. The human
rights activists, feel political parties behind the rise of mob lynching
meanwhile utmost people who are governing the country captured the power
through political system which belligerent and violent. In addition, their
political career have been built they have built publicising violence against
individual communities, where the crowed feel authorised and robust. The
political class, apart from their usual criticism, they are less interested to
visit the sufferers or their alive families.
4.
Statutory Arrangements
When we take a glance around, it appears that we have rules, regulations
and laws to administer us on every step we are taking. Sometimes one don’t like
these regulations because it is human psychology that if someone is telling us
what to do, or keeping us away from doing what we want, we oppose it. Yet to
part of a civilized society, one must have particular rules to follow:
i.
Modern
Jurisprudence
The objective of jurisprudence is to attain an organised and
universal understanding of law. Law aims to establish and command human
communities, and safeguard rights of every individual. Even if law and morals
are distinct from each other it remains fact that morality is somehow is a
vital part of law or of legal growth, that morality is "unseen in the
chinks" of the legal structure.
ii.
Ancient
Jurisprudence
In the prior phases of the society there was no difference
amid law and morality. In Hindu law, Vedas and the Smritis are the key sources
where no distinction found in between. Though, later on, Mimansa set down some
principles separates mandatory from recommendatory injunctions. ‘Natural right’
the doctrine in Greek expressed a theoretical moral substance of law. The roman
jurist in the name of ‘natural law’ highlighted certain moral principles as the
basis of law.
iii.
Indian
Legislature
It has been said by the government in Rajya Sabha that, there
is no signature move on mob lynching, there are various radical dispensations
that fluctuates this national crime.[12]
Presently there is no unified codified law against lynching; nevertheless some
sections of Indian Penal Code 1860, Criminal Procedure Code 1973, Indian
Evidence Act 1872 are familiar to deal with such matter. Punishment for
murder.—Whoever commits murder shall be punished with death, or imprisonment
for life, and shall also be liable to fine,[13]
attempt to murder,[14]
causing voluntarily hurt,[15]
people charged together for committing same offence in the same course of
transaction.[16] punishment for Acts done
by several persons in furtherance of common intention. each of such persons is
liable for that act in the same manner as if it were done by him alone.[17]
‘rioting’ is an offense where an unlawful assembly or a member uses force or
violence in the prosecution of a common object of the assembly.[18]
Thus the clause of mob lynching will be also included in the abovementioned
sections.
The Supreme Court further observed that it is the duty of the
State to strive, incessantly and consistently, to promote fraternity amongst
all citizens such that dignity of every citizen is protected, nourished and
promoted i.e. it is the duty of the state to prevent crime and maintain harmony
in the country.[19] It was held that the
victims of mob violence cannot be discriminated against on the basis of
community or religion. The relief of rehabilitation and compensation should be
given to all communities. The Apex Court also observed that it is the duty of
the State Administration in association with the intelligence agencies of both
the State and the Centre to prevent recurrence of communal violence in any part
of the State. If any officer responsible for maintaining law and order is found
negligent, he/she should be brought within the ambit of law.[20]
A three-judge Bench led by Hon’ble Chief Justice of India,
Dipak Misra on 17th July 2018 asked the Parliament to pass a law in view of
lynching as an offence distinctly and regulate punishment regarding the same.
The bench commented that no individual in his capacity or as a part of a group
(which within no time assumes the character of a mob) can take the law into
his/their hands and deal with a person treating him as guilty.[21]
5.
Reason
·
Attitude
of Police leads people to take law in their own hands
·
With
the beginning of modern era, growth of individualism and destruction of
associational life moved one step ahead. As a result association which inspire
an individual to escalate various culture and moderate our aggressive
instincts, lacks.
·
Crowd
has no face. This exemption leads people to take life-threatening steps.
·
A
principle of political deployment that uses violence as an instrument of
politics.
·
Apathetic
arrogance towards other cultures and religions.
6.
Suggestion and Possible Remedies on Mob Lynching
·
There
should be check and balance on Misuse of Social Media and viral rumours
·
Some more
campaigns should be launched as Civil
Society Launched ‘NOT IN MY NAME’ campaign: to protest against the cow
vigilantism and National Campaign against Mob Lynching (NCAML). It also known
as ‘Masuka’, short for Manav Suraksha Kanoon (law to protect humans).
·
Mob
violence should be criminalized.
·
Pre-emptive
action should be taken by law enforcement officials.
·
Communal
Sensation and alertness through multi-media campaigns. Counter-information
campaign to check fake news.
7.
Conclusion
Without
any doubt lynching activities usually based on identity discriminate against
any individual or a group violates ‘right to equality’[22]
and ‘Prohibition of discrimination on grounds of religion, race, caste, sex or
place of birth’[23] clause of the
Constitution of India. For the state of mob attacks in the country now there is
a necessity for discrete legislation and firm application and procedures to
control the outbreaks and penalise the wrongdoers.
When the circumstance of the criminal justice system
providing safe-havens and exemption to the culprits of such awful acts of
mobocracy observed, it is found that in maximum cases the police department
which lacks in infrastructure, man-power to deal with such situations, and most
importantly political support to make a difference.
Now a days due to unnecessary delay and bad administration,
and lack of deterrence it is becoming general perception of mob that if police
administration and judiciary cannot provide them justice, they should get it by
themselves even if an individual has committed the minor offence such as theft.
This shows that somehow somewhere citizen of country have lost their trust on
law and order on one side and on another side they have no fear that they can
be punished, even if they are a part of big lynching crowed.
A draft of the proposed legislation is currently up, awaiting
suggestions from the public.
[1] Hate
Crime: https://en.wikipedia.org/wiki/Hate_crime
[2] Wood and Amy Louise. Rough
Justice: Lynching and American Society, 1874–1947.
North Carolina University Press, 2009. ISBN 9780807878118.
[3] BBC News India India 'honour killings': Paying the price for falling in love
20 September 2013. https://www.bbc.com/news/world-asia-india-24170866
[4] India
Today “Bills against honour killing and mob lynching
introduced in Rajasthan assembly” Press Trust of India Jaipur July 30, 2019, UPDATED:
July 30, 2019 17:10 IST.
[5] Cultural
Survival Quarterly Magazine “Ethnic And
Religious Conflicts In India” September
1983 Author Varshney Ashutosh
[6] “The Economic
Times” Lynching due to rising ‘intolerance’:
Supreme Court. By Samanwaya
Rautray ET
Bureau| Jul 18, 2018, 08.24 AM IST
[7] Available
at: https://www.aljazeera.com/news/2019/07/vigilantes-india-kill-suspicion-theft-190719152312505.html (Last seen
02/10/2019)
[8] The
Newyork Times “Police Officer Beaten to Death by a Mob in Kashmir” By Sameer
Yasir and Nida Najar, June 23, 2017
[9] The Indian
Express “Soldier accused of braid chopping, beaten by mob in Kashmir” 17th October 2017 06:37 PM
[10] Available at: https://www.civilserviceindia.com/current-affairs/articles/rising-mob-violence-in-india.html (Last Seen
30/09/2019)
[11] Available at: https://www.aljazeera.com/indepth/opinion/2017/07/india-epidemic-mob-lynching-170706113733914.html (Last Seen
30/09/2019)
[12] Legal
Service India “Mob Lynching: A Rising Threat” by Muskan
[13] The Indian Penal
Code, 1860, Sec. 302
[14] Ibid, Sec. 307
[15] Ibid, Sec. 323
[16] The Code Of Criminal
Procedure, 1973, Sec. 223
[17] The Indian Penal
Code, 1860, Sec. 34
[18] Ibid, Sec. 146 and
147.
[19] Nandini Sundar and
others v. State of Chhattisgarh (2011) 7 SCC 547.
[20] Mohd. Haroon and
others v. Union of India and another AIR 2000 SC 2306
[21] Tehseen S. Poonawalla
Vs. Union of India & Ors. Writ Petition (Civil) No. 754 of 2016
[22] The Constitution of
India, Art. 14
[23] Ibid: Art. 15
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