{"id":54307,"date":"2020-01-17T16:34:00","date_gmt":"2020-01-17T11:04:00","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?p=54307"},"modified":"2020-02-26T16:36:20","modified_gmt":"2020-02-26T11:06:20","slug":"7-pm-preventing-mob-lynching17th-january-2020","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/7-pm-preventing-mob-lynching17th-january-2020\/","title":{"rendered":"7 PM |Preventing mob lynching|17th January 2020"},"content":{"rendered":"\n<p><strong>Context:\n<\/strong>Mob\nLynching in India.<\/p>\n\n\n\n<p><strong>Mob Lynching:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>In 2018, the Supreme Court described\nlynching as a \u201chorrendous act of mobocracy\u201d.<\/li><li>As per the various bills introduced by\nstates, \u2018lynching\u2019 means any act or series of acts of violence or aiding,\nabetting or attempting an act of violence, whether spontaneous or planned, by a\nmob on the grounds of religion, race, caste, sex, place of birth, language,\ndietary practices, sexual orientation, political affiliation, ethnicity.<\/li><li>Today, the&nbsp;Hate Crimes attract\nSection 153 A of IPC. It is related to fostering enmity between the people on\nthe basis of religion, race, language etc.<\/li><li>But, registering this\ncrime&nbsp;requires prior permission of the State Government. Most State\nGovernments use this power&nbsp;to shield perpetrators, who are politically and\nideologically connected to the ruling establishment.<\/li><li>The&nbsp;National Crime Records Bureau\n(NCRB)&nbsp;does&nbsp;not maintain specific data&nbsp;with respect to lynching\nincidents in the country.&nbsp;<\/li><\/ul>\n\n\n\n<p><strong>Supreme\nCourt Guidelines (2018): <\/strong>Expressing its abhorrence over the\nrising incidents of lynching across the country, the 2018 Supreme Court bench\ncomprising the then Chief Justice of India, Dipak Misra, Justice AM Khanwilkar\nand Justice DY Chandrachud issued several guidelines as preventive measures.\nSome key guidelines are:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Designation by the state governments of\na senior police officer, not below the rank of superintendent of police, as\nnodal officer (NO) in each district to function as the head of a special task\nforce to procure intelligence reports about potential perpetuator.<\/li><li>Identification of\ndistricts\/sub-divisions and\/or villages, where instances of lynching and mob\nviolence have been reported in the recent past.<\/li><li>Central and state governments should\nbroadcast on radio and television and other media platforms, including official\nwebsites of the home department and police of states that lynching and mob\nviolence of any kind shall invite serious consequence under the law.<\/li><li>It is the duty of the central and state\ngovernments to take steps to curb and stop dissemination of irresponsible and\nexplosive messages, videos and other material on various social media platforms\nwhich have a tendency to incite mob violence and lynching of any kind.<\/li><li>As remedial measures,\nthe Court directed the jurisdictional police station to immediately lodge an\nFIR, without any undue delay.<\/li><li>The Supreme Court made\nit clear that cases of lynching and mob violence should be tried by designated\ncourts\/fast track courts.<\/li><\/ul>\n\n\n\n<p><strong>Various\nStates laws:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>Manipur<\/strong>\nbecame the first to pass a law against lynching. <\/li><li>Manipur\nGovernment became the first in the country to hold public officials criminally\naccountable, if they fail to prevent hate crimes. <\/li><li>Police\nofficer who fail to prevent the crime of lynching in his jurisdiction are\nliable to be imprisoned for a term that may extend from one to three years with\na fine limit of Rs. 50000.<\/li><li>Manipur\u2019s\nAnti-Lynching law laid down the&nbsp;duty and responsibility of the State\nGovernment&nbsp;to make arrangements for the protection of victims and\nwitnesses against any kind of intimidation, coercion, inducement, violence etc.<\/li><li>It\nprescribes the&nbsp;duty of the State officials&nbsp;to&nbsp;prevent a hostile\nenvironment&nbsp;against people of the community, who have been lynched.<\/li><li>The\nlast substantial contribution of the law is requiring the state to formulate a\nscheme for relief camps and rehabilitation in case of displacement of victims,\nand death compensation.<\/li><li><strong>Rajasthan\n<\/strong>government\npassed a bill against lynching in August 2019.<\/li><li>Appointment\nof a dedicated <strong>nodal officer:<\/strong>\nDirector General of Police shall appoint a State Coordinator to prevent\nlynching; Every District Superintendent of Police shall be the District\nCoordinator.<\/li><li><strong>Prescribing duties to the Police Officer\nand District Magistarte<\/strong>:&nbsp;\nto prevent the creation of a hostile environment against a person or\ngroup of persons who are targeted in such incidents.<\/li><li>Offences\nto be <strong>cognizable, non &#8211; bailable<\/strong> and\nnoncompoundable.<\/li><li>Setting\nup of <strong>special courts.<\/strong><\/li><li>Stipulating\nenhanced <strong>punishments.&nbsp;<\/strong><\/li><li>It <strong>criminalizes acts of lynching<\/strong>,\ndissemination of offensive material and fostering of a hostile environment.<\/li><li>It\nalso <strong>provides for relief<\/strong>, legal aid,\ncompensation and rehabilitation.<\/li><li>However,\nunlike Manipur, this bill is silent on any action to be initiated against\npolice officers who may be accused of dereliction of duty.<\/li><li><strong>West\nBengal<\/strong>\nbrought more stringent bill against lynching.<\/li><li>The\nbill aims to protect the constitutional rights of vulnerable persons and\nprevent incidents of lynching. It also proposes action against those involved\nin perpetrating the crime.<\/li><li>It\nalso calls for witness protection and compensation for victims, adding that any\nallegation of threat, coercion or inducement of witnesses must be brought to\nthe notice of a court within 24 hours.<\/li><li>The\nlegislation prescribes the appointment of a nodal officer for periodic\nassessment of local intelligence inputs on potential flashpoints, and mandates\nthat lynching incidents be investigated by an officer not below the rank of an\ninspector.<\/li><li>The\nlegislation also pitches for a jail term, which may vary from three years to\nlife for those involved in assaulting and injuring a victim.<\/li><li>In\ncase of death of the victim, persons responsible for the incident would be\npunished with death sentence or rigorous life imprisonment and fine up to Rs 5\nlakh.<\/li><\/ul>\n\n\n\n<p><strong>Government\u2019s\nstand:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Government has taken steps to put\nrestriction on this rising national crime, High level committee headed by Rajiv\nGauba, Home Secretary was constituted, secondly, the central government\nconstituted a panel headed by the Home Minister, to submit its report to Prime\nMinister as per the guidelines of the Supreme Court.<\/li><li>While the other steps taken are:<\/li><li>Whatsapp\nforwarding message has been restricted to only five chats, in order to stop the\nfake rumors to get spread so easily and fast.<\/li><li>MASUKA\n(Manav Suraksha Kanoon) a draft report proposed by national campaign against\nmob lynching.<\/li><li>Not\nin my name campaign, a campaign to raise awareness.<\/li><li>Government also favored an amendment to\nexisting laws instead of bringing a new law. Provisions could be by including a\nsub sections in various sections of IPC, CrPC and Evidence Act etc.to provide a\nharsher punishment.<\/li><\/ul>\n\n\n\n<p><strong>Way\nForward:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Central government can incorporate\nsections in the law for penal action against doctors who stand accused of\ndereliction of duty, for delay in attending to victims of lynching, or\nsubmitting false reports without carrying out a proper and thorough medical\nexamination of the victims, either under coercion by the police or due to their\nown prejudice against the community or religion of the victims.<\/li><li>Under the compensation scheme for the\nvictims, the amount to be paid to the victims should be recovered from the\nperpetrators of the crime or collective fines be imposed on the villagers where\nthe lynching takes place.<\/li><li>The Central government could even\nprovide for punitive action against political leaders found guilty of inciting\nmobs.<\/li><li>Punitive action to be taken against\npolice officers accused of dereliction of duty, as incorporated in the law\nenacted by Manipur government, could be replicated in the Central law too as it\nwould deter police officials acting in a partisan manner in favour of the lynch\nmob.<\/li><\/ul>\n\n\n\n<p><strong>Conclusion:\n<\/strong>The\nConstitution of India guarantees to all persons the right to life and personal\nliberty and the Equal protection of laws. In recent times there have been many\nof incidents resulting in loss of livelihood, injuries and death of persons at\nthe hands of mob lynching. Lynching is an egregious manifestation of prejudice,\nintolerance, and contempt towards the rule of law. Untill a zero-tolerance\nattitude is adopted in dealing with mob lynching, this crime will continue to\nshow a rising trend.<strong>Source: <\/strong><a href=\"https:\/\/www.thehindu.com\/opinion\/op-ed\/preventing-mob-lynching\/article30577621.ece\">https:\/\/www.thehindu.com\/opinion\/op-ed\/preventing-mob-lynching\/article30577621.ece<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Context: Mob Lynching in India. Mob Lynching: In 2018, the Supreme Court described lynching as a \u201chorrendous act of mobocracy\u201d. As per the various bills introduced by states, \u2018lynching\u2019 means any act or series of acts of violence or aiding, abetting or attempting an act of violence, whether spontaneous or planned, by a mob on&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/7-pm-preventing-mob-lynching17th-january-2020\/\">Continue reading <span class=\"screen-reader-text\">7 PM |Preventing mob lynching|17th January 2020<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[130,955],"tags":[],"class_list":["post-54307","post","type-post","status-publish","format-standard","hentry","category-7-pm","category-7-pm-brief-infograph","entry"],"jetpack_featured_media_url":"","views":{"total":217,"cached_at":""},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/54307","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=54307"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/54307\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=54307"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=54307"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=54307"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}