Anti-mob lynching bills passed by 4 Assemblies at various levels of non-implementation

What is the news?

The bills passed against mob lynching in the past four years by four states have not been implemented with the Union government taking a view that lynching is not defined as a crime under the Indian Penal Code (IPC).

What is Mob Lynching?

Mob lynching is a term used to describe the acts of targeted violence by a large group of people.The violence is tantamount to offences against human body or property- both public as well as private.

Is Mob Lynching defined under Indian Penal Code (IPC)?

In 2019, Union Home Ministry informed Parliament that there was “no separate” definition for lynching under the IPC. Lynching incidents could be dealt with  under Sections 300 and 302 of the IPC pertaining to murder.

Note: In 2017, the National Crime Records Bureau (NCRB) collected data on mob lynching, hate crimes and cow vigilantism, but it was not published and discontinued as these crimes are not defined and the data were found to be unreliable.

Which States have passed Anti Mob Lynching Bills?

Rajasthan, Jharkhand, Manipur and West Bengal has passed Anti Mob Lynching Bills.

Why are the Bills pending?

Most bills are waiting for the President’s nod as some punishments laid down in the Bills were higher than those in the Central statutes.

The President has to go with the advice given by the Council of Ministers, in the case of such legislation, represented by the Ministry of Home Affairs (MHA) .

The MHA examines the State legislations on three grounds: repugnancy with Central laws, deviation from national or central policy and legal and constitutional validity.

What are Supreme Court views on Mob Lynching?

In 2018, the Supreme Court asked Parliament to make lynching a separate offence. 

But the Home Ministry informed Parliament that the government has decided to overhaul the IPC framed in 1860 and the Code of Criminal Procedure (CrPC) and mob-lynching would also be examined by the committee. 

The suggestions received by the Committee for Reforms in Criminal Laws would be examined by the Ministry before the changes are adopted.

Source: This post is based on the article “Anti-mob lynching bills passed by 4 Assemblies at various levels of non-implementation” published in The Hindu on 16^th Feb 2022.