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Article:
- Satvik Varma, litigation counsel, discussed the Supreme Court’s guidelines to address the lynching problem in India and also emphasized that anti-lynching laws are not sufficient to address cases of lynching.
Important facts:
2. Recently, the Supreme Court observed that “it is the responsibility of the States to prevent untoward incidents and to prevent crime.”
3. The apex court’s observation came as a result of increasing number of lynching cases across the country.
4. In Tehseen S. Poonawalla v. Union of India , the apex court held the following preventive guidelines:
- Every state requires to designate a senior police officer, not below the rank of superintendent of police, as the Nodal officer in each district.
- Such a nodal officer will perform the following functions:
a) He will constitute a special task force to collect intelligence on persons likely to commit such crimes.
b) He will take steps to prohibit instances of dissemination of offensive material through different social media platforms.
c) He is duty bound to ensure that prosecution of such cases is strictly carried out.
d) The charge sheet filed within the prescribed time period.
e) Trial concluded through fast-track courts within six months.
- Both Centre and State governments have been directed to broadcast public notification on social media.
4. The apex court has taken the following remedial measures to address such cases:
- In case of such violence, jurisdictional police station shall immediately lodge a FIR.
- The SHO, in whose police station such an FIR’s is registered, shall intimate the nodal officer, whose duty will be to ensure safety of victims family.
- Upon conviction, the maximum sentences provided for various offences be awarded.
- The court made reference to the U.S. where between 1882 and 1968, nearly 200 anti-lynching bills were moved. However no bill was approved by the Senate.
5. The author has made the following suggestions:
- The executive must immediately implement the directions of the apex court.
- The U.S. experience shows that anti-lynching laws are not sufficient. There must be political will power to address such cases.
