Mob lynching is when a group of people circumvents legal channels to enforce what they see as justice. In a short period of time, mob lynching has increased significantly in India. Numerous innocent people have suffered dreadful torture, and some have even perished for no apparent reason.
Mob Lynching: About
Mob lynching is a violent crime where a mob executes a suspected criminal often after torturing them under the guise of enforcing justice without a trial. It is an unofficial group’s sanctioned, illegal method of disciplining someone. Most frequently, it is also referred to as “informal public executions” carried out by a mob to scare a group or punish an accused transgressor.
Mob Lynching: Constitution of India
- Mob lynching is an egregious infraction of the Universal Declaration of Human Rights, Article 21 of the Constitution of India, and human dignity.
- Article 14 and Article 15 of the Constitution of India provide the right to equality and the prohibition of discrimination, both of which are violated in such circumstances.
- However, as it is not yet included in the Indian Penal Code (IPC), it is simply referred to as murder because it has no mention in any local legislation.
Laws Pertaining to Mob Lynching
- Section 223(a) of CRPC allows for joint prosecution of individuals accused of the same offense committed during the same transaction. This provision applies in cases of two or more persons.
- Section 153A (encouraging enmity between various groups and doing acts harmful to maintenance of peace) and Section 153B (imputation, affirmations detrimental to national integration) of the IPC, have certain proximate sections pertaining to hate speech and hate crimes.
- According to Section 34 of the IPC, actions carried out by multiple people with one objective are punishable by law, with each individual bearing equal responsibility for the conduct.
- Lynching may be punished under Section 307 (attempt to murder), Section 304 (culpable homicide not equal to murder), and Section 302 (murder), among other provisions of the IPC.
Mob Lynching: Negative Effects to Mankind
- Negative Effects on Society: It has both beneficial and harmful effects on society. Positively, it demonstrates how society may unite for unity in diversity and justice. Likewise, discussing the bad aspects gives rise to a minority versus majority mentality. It incites hostility between various religious groups, social classes, and castes.
- Negative Effects on the Economy: Both domestic and foreign investment have an effect, which boosts the economy. When mob lynching hinders internal migration, the economy is impacted.
- Negative Effects on Individuals: It causes psychological and bodily harm to people. Both individuals who participate in the mob lynching and those who incite the mob lynching suffer great harm. It is against the laws of humanity when lives and property are lost.
Mob Lynching: Role of the Judiciary
The two major landmark judgments on Mob Lynching discussed in various RJS Coaching institutes are as follows:
- In Tahseen s. Poonawala v UOI case, the Supreme Court appropriately described mob lynching as a “horrendous act of mobocracy.” The Supreme Court suggested that the government create a particular statute against mob lynching since a civilized society is built on respect for the rule of law and a fear of it.
- In Krishnamoorthy v Sivakumar and ors case, the Court noted that no one has the right to impose laws on others based just on their preferences or a narrow sense of judgment. The other person has the right to be presumed innocent until proven guilty through a fair trial, just as the first person has the right to defend their legal rights.
Mob Lynching: Current News
- A lot of attention has been on mob lynching, so introducing the Bharatiya Nyaya Sanhita (BNS) Bill, of 2023, which aims to replace the Indian Penal Code (IPC) from the colonial era. It has taken great effort to guarantee that mob lynching carries a seven-year prison sentence, a life sentence in prison, or even death.
- As per the experts at RJS Coaching institutes, the Supreme Court has directed the central and state governments on the necessary measures to be taken to prevent mob lynching. It required states to send year-by-year data on the number of complaints and first information reports (FIRs) filed, along with a status report to be filed with the home ministry.
Mob Lynching: How to Curb It?
- States have been directed to establish special fast-track courts in each district to handle cases pertaining only to lynchings by mobs.
- The National Camp against Mob Lynching (NCAML) was established by society, rendering mob lynching an offense for which there is no bail.
- All forms of media should work to prevent the dissemination of incorrect information and alarms.
- The court had also suggested creating a specialized task force whose goal would be to gather intelligence on those disseminating hate speech, provocative remarks, and false information that could incite mob lynchings.
Conclusion
According to some experts from the RJS Coaching Institute, Mob Lynching poses a threat to law and order, and the IPC contains sufficient provisions pertaining to murder, attempted murder, acts committed by multiple people with a single goal, and other crimes to deal with them if they are enforced strictly and successfully.
Therefore, the laws that are currently present in the case of mob lynching should be utilized in a proper manner and effectively.
