November 22, 2019

DOES THIS ERA NEED MOB LYNCHING LAW?

Author: Shrey Khandelwal

Manipal University Jaipur

DOES THIS ERA NEED MOB LYNCHING LAW?

The word mob is derived from ‘Mobster’ or ‘Mafia’ which means large number of people. The word lynching is derived or originated after the name of Captain William Lynch, during the American revolution in late 17^th century.

MEANING OF MOB: As per the Black Law Dictionary, the mob means when an assembly of many people, acts violently and in disorderly manner, defying the law and commits or threaten to commit, depredation upon property or violence to person^[1].

MEANING OF LYNCH: As per the Black Law Dictionary, the lynch means when large number of persons, who seized the person charged with or suspected of crime, to take out on them custody of law and inflict summary punishment on them without legal trial and without the warrant or authority of law^[2].

The basic meaning of mob lynching is to administer justice without trial by many people or imposing punishment against the offender without the due authority of law. For example, in India minorities got attacked by the upper caste people because of the only reason i.e. caste discrimination.

BRIEF HISTORY/ BACKGROUND:

The mob lynching was initially began in the year 1780. When Captain William Lynch, the head of the Tribunal in Virginia, acting as a Judge punished the British Loyalties in public during the American Revolution. In late 19^th century the racial discrimination was at peak. Such racial discrimination led to great tension in America and mainly in southern parts of South America. In South America general public were blaming that financial difficulties are only because black people lived around of them (this is clearly racial discrimination). The white people wanted total supremacy over the black people and upon their community. The white people intimidate black men by the racial terrorism^[3].

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As per the report of NAACP from the 1882-1968, 4743 lynching occurred in United States of America. Out of 4743, people that were lynched 3446 were black. The blacks lynched accounted for 72.7% of the people lynched. On the other hand, out of 4743 people lynched only 1297 white people were lynched. That only 27.3% Many of the whites lynched were lynched for helping the black or being anti lynching and even for domestic crimes^[4].

In India the mob lynching existed since many years before independence as there were caste discrimination, colour discrimination etc. but after independence i.e. after 1947, the minorities got rights such as reservation rights in many sectors of government jobs. Dr. B.R. Ambedkar was the one who helped to uplift the minorities or backward classes. But there are many incidents where the mom lynching was against minorities or backward classes of the society and the reason behind mob lynching attacks was caste discrimination.

As per Hindu Religion cows is believed to be the vehicle of Lord Shiva. The Hindu holy book “Vayu purana” states that Cow named Nandi, who was Lord Shiva’s vehicle, is the son of the Kashyapa and Saurabh. As per the “Saura Purana” it is believed that Nandi was the gatekeeper of the Lord Shiva. As per the “Brhadhaarma Purana” it is believed that Nandi killed the elephant on the command of Lord Shiva to protect Lord Shiva’s son Lord Ganesha^[5]. The legislative body of our country enacted Cow Slaughtering, 2017. Such act came into existence after so many mobs lynching incidents which happened due to the sole reason of killing of cow or slaughtering of the Cow by the Muslim Community or by the beef industries.

The legislature enacted the law of Cow Slaughtering Act, 2017 to protect the sentiment of the Hindu Religion and Article 48 of Indian Constitution states to prohibits slaughtering of the cow and calves. There are many incidents when Muslim people got Murdered by Mob because they are suspected of committing the slaughtering of cow.

LAW IN INDIA:

Till now there is no provision in Indian Penal code, 1860 or in Criminal Procedure Code, 1974 to inflict the punishment on the mob lynching cases. But mob lynching can be adjusted in Section 302 of Indian Penal Code^[6] which states “Punishment for Murder”, Section 307 of Indian Penal Code^[7] which states “Attempt to Murder”, section 323 of Indian Penal Code^[8] states that “Punishment for voluntary causing hurt” and in section 223 of Code of Criminal Procedure^[9] which states “when person may be charged jointly”. All the above-mentioned provision deals with the offences against the body.

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According to Article 14 of Indian Constitution[10] which states “right to equality” is violated and the reason behind this violation is that there is no mob lynching law and mostly the mob lynching incident is against Muslim community for cow slaughtering or lower caste like Dalits etc, and no steps are taken by the legislature to prevent such circumstances. Article 14 of Indian Constitution is violated because lower caste and other religion gets discriminated. Article 21 of Indian Constitution[11] states “Right to Live” which means that each and every citizen of India has the fundamental right to live but when the incident of mob lynching occurs the victim’s life is in danger and it’s the duty of the state to protect citizen from such act. Article 29 of Indian Constitution states “Protection of Interests of Minorities” which is also violated by the legislative as after 2015 the mob lynching in Uttar Pradesh and Bihar is mostly done against the Muslim Community.

India became member of the United Nation Human Right Council Post-Independence and it’s the duty of the nation to protect the people from such mob violence. As per the report of the National Crime Record Bureau, 2018, the mob lynching is highest in the state of Jharkhand, Uttar Pradesh and Bihar. There are many incidents when the need of laws regarding mob lynching is felt:

2015 case of Mohammed Akhlaq in Dadri: In this case when 52 people attacked the Muslim man Mohammed Akhlaq on the suspicious that he killed the cow in the village called Dadri. The attack took place on 28^th September,2015 when the mob lead by the villager of Hindu Community with other 52 people entered in the Akhlaq house in night and beat him with sticks, stone and knife. In this incident Mohammed Akhlaq died on spot and his son Danish, who was 22 years old was seriously injured, as the result of which Uttar Pradesh Court took the prima Facie case and registered the FIR against Mohammed Akhlaq’s Family because the police during the investigation of the house found beef in accused house and blocked him under cow slaughtering act, 2017.
In 2015 case of Dimapur: In this case on 5^th march,2015 a girl of 20 years old got raped by a 35 years old Syed Fareed Khan in Nagaland. After this the FIR was registered against him and the local police took Syed Khan to the local Jail. When the news was announced publicly, the general public in due anger, approximately around 1000 people broke the main gate of the local jail in Nagaland and dragged the accused naked outside of the jail and killed that person. The general public’s anger destroyed almost 10 governmental cars and the nearby shops.
In 2019 Chapra case: In this incident when a pickup truck, that was taking the cattle, got caught by the villagers around 4:30AM. The villagers attacked those 3 people who were in the pickup until they collapsed. The reason behind the attack was on the suspicion of stealing the cattle. The police reached to the spot and the bodies were taken to the hospital where the doctor announced them death.
Mostly in Uttar Pradesh, Bihar and in Maharashtra the Muslim people get tortured by the general public and are forced to say Hindu religion Slogan. In 2019 there are many incidents were only Muslim got mob murdered by the general public on the suspicion of killing of cow.

In the case of Tehseen S. Poonawalla v. Union of India^[12], 2018 the Chief Justice of India Hon’ble Deepak Mishra, directed the states to follow the guidelines to prevent mob lynching in their area. The guidelines of Supreme Court to prevent the mob lynching or criminal activities are as follow ^[13]:

The state government shall appoint a senior inspector in each district and such officer shall be designated as the Nodal Officer who will create a task team so that they can prevent the mob lynching.
The state government shall immediately identify the area or district where there is the incident of mob violence had been occurred.
The DGP or the home minister shall hold regular meeting with the nodal officer to enquire about the situation and measures to prevent the mob lynching.
The nodal officer shall hold regular meeting with the local intelligence about the identification of the vigilant or criminals of mob lynching.
All police officer shall disperse the meeting or group of people where there is chance or suspicion or tendency of mob lynching.
The DGP shall issue the regular circular to SP for the patrolling in the sensitive area.
The police shall register the FIR against the offender under section 153A of Indian
Penal Code which states “Promotion of Enmity”.
The Centre government and the State government shall do work together so to prevent mob lynching in the sensitive area by taking some action on the regular basis.
The state government shall announce that mob lynching will invite on serious criminal case by the mode of advertisement in the newspaper or radio or notify in the website of the state government.

But after one year no law was passed by the legislature. The Uttar Pradesh Law Commission recommended the state government of Uttar Pradesh and the head of the state Chief minister Mr. Adityanath Yogi for the enactment of law on mob lynching and the punishment for the mob lynching shall be from 7 years imprisonment which may extend up to life imprisonment. This recommendation also has the provision of punishment against the police officer who shall be failed to act against mob lynching in his jurisdiction.

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CONCLUSION:

As per my knowledge and after intensive research I found that the need of law against mob lynching is high. As there are many incidents is happening in the Nation and it clearly shows the need of separate provision with strict punishment, especially no mercy shall be given to the people involved in mob lynching and it’s the duty of the nation to protect everyone from such attacks. After the recommendation by the supreme court of India no action is taken by either by the state government or by the central government. Most of the incident is targeting either upon the Muslim Community or minorities in the nation. As we are a sovereign nation and we adopted secularism which means that every religion is equal in the eyes of law than how can there be lack of provision or to say no law against mob lynching and most of the incident is against the Muslim community or against the lower class. This cannot continue as everyone have been provided with fundamental rights to live and offenders cannot take law in their own hands. The Manav Shuraksha Kanoon movement in 2017 was also established to pressurize the government to take steps for the enactment of the mob lynching law. The truth that I want to affirm by my views in this research paper is that we cannot take law in our hands and no one shall kill anyone for the offense he hasn’t done, and justice shall be served to them.

[1] https://thelawdictionary.org/mob/

[2] https://thelawdictionary.org/lynch-law/

[3] https://www.naacp.org/history-of-lynchings/

[4] https://www.naacp.org/history-of-lynchings/

[5] https://www.ancient.eu/Nandi/

[6] Justice Thomas and Rashid M.A, Ratanlal & Dhirajlal, The Indian Penal Code, Lexis Nexis, 34^th Edition.

[7] Justice Thomas and Rashid M.A, Ratanlal & Dhirajlal, The Indian Penal Code, Lexis Nexis, 34^th Edition.

[8] Justice Thomas and Rashid M.A, Ratanlal & Dhirajlal, The Indian Penal Code, Lexis Nexis, 34^th Edition.

[9] Lexis Nexis, Universal Bare act, Criminal Procedure Code,1973.

[10] Lexis Nexis, Universal Bare act, Constitution of India.

[11] Lexis Nexis, Universal Bare act, Constitution of India

[12] W.P (c) no. 754/2016.