Author : Vaishwi Shankar Singh, Student at Amity University, Noida
ABSTRACT
There is nothing more valuable than a human life, for everything in the world is related to him. Every person has a right to protect himself from any harm but there is no law to take away another human’s life just due to a suspicion, without proof how can one be sure of the guilty or the innocent, such is the question of mob lynching. These massacres which have been happening for decades, and some countries have learned that annihilation done in and after such a situation. Lynching does not just put one life to an end but the other whom thereafter live in the fear of being lynched anytime or any day, how are they supposed to get any surety of their lives, the answer to that is a law. A law needs to be passed to prevent this atrocity out of the country. India being a democratic country should not let its minority or majority is treating any other in such a horrific manner. Every human has the right to be heard, this is applied to criminals who are guilty, then why not the person who is being thrashed just because he is “suspected” to have committed a wrong. The people have become so tech-savvy that they have forgotten what rumour could do an innocent’s life. There should be some probable punishment for spreading rumour. Until any laws are enforced, the only solution the country holds is strict policing, which be nullified when a horde of thousands is upon them, but that should not mean no security at all. This research paper has talked of the cases of the horrendous killings, and what measures could be used to shun this misdemeanour, and let people live freely in their own country, but not meaning to leave criminals out in the open.
INTRODUCTION
Each and every crime distorts the functioning of the society, but still with time we have witnessed that people usually resort to criminal activities to get their goals fulfilled. For those who for their selfish needs undermine the happiness and in worst cases dignity and life of others form the most a horrible strata of civilization. Among various offences committed against human body, mob lynching can be labelled to be the most recent addition. Mob lynching implies that conscious extrajudicial slaughtering meaning, the executing of an individual by authoritative specialists or people without the authorization of any legal continuing or lawful procedure. Extrajudicial killings are normally focusing on any unmistakable political, worker’s guild, protester, strict, and social figures. This crime is in the purview of a lot more than just one person being lynched, for supposedly having committed something. It is not one human that is lynched but his/ her entire family; such a traumatic death cannot be a cause for happiness to any family. Lynching is not just one crime that takes one person’s life and is done with, but it sucks the life out of the family of the deceased, leading some to poverty if in case the bread-winner is killed, children are left as orphans, uneducated. The human life needs to be of a higher value than anything else in the world. Every human has a right to life and it needs to be protected and heard carefully. These other related crimes might still be committed with or without lynching but at least there is one end, which is good for a start.
LITERATURE REVIEW.
The topic mob lynching is not uncommon, and is a questionable one too. Mob lynching cases have been for reasons of pure hatred which were given just another name. There have been very less or no cases with any proof of the allegation charged. This topic is a an unending one in the purview of the country India, the country despite so many lynching has not been able to declare this malaise a crime. I was interested in the topic because it is controversial, giving rise to an opportunity to explore more and find a plausible solution for this deplorability in India. My basic focus was on the article 21st of the Indian constitution, that is the ‘right to life’ which is a fundamental right and in the country is being annihilated in public and there have been settlement to that.
RESEARCH METHODOLOGY
I took the help of the secondary sources in order to reach out to the primary data. I took help of some other research papers, books on Google play store – on lynching by Ida B. Wells Barnett. I also sort to the help of newspaper editorials. The bare acts for laws helped me understand the severity in the crime involved. I have read articles online and also referred to the legal aspects of the topic. Read the reviews of college newsletters, magazines around the globe.
HISTORY OF LYNCHING
America was the first country to bring about lynching. Ireland found this an extreme abuse of the legal system by 1493 when the mayor of Galway, exasperated at the “law’s delay”, hung his own son – a slayer- from the window of his house, declaring that” justice must be done”. He came to such a decision when he saw protesters standing outside wanting justice, and there is no way that a horde in such rage would not harm the offender, so Galway James lynch put his son to execution as the best-served justice. This act got in some sense to the United States, but still runs in civilizations and does not regard the law.
This approach of terrorism to social and racial discrimination against black Americans[1] with the purpose of making them inferior to the whites. These massacres were performed widely in the US south from around 1877, soon after the reconstruction from the civil war, through 1950. A conventional lynching usually involved unlawful indictments causing indistinctness in the country, against a black American, an arrest, and the assembly of a “lynch mob” determined to sabotage the statutory judicial course of action. The injured party would be detained and imperilled to every possible imagining in a mind to the thought of physical affliction, with the torture normally executing the death by hanging from a tree and setting on fire. Every so often, victims would be mutilated and the horde would take shards of their flesh and bones as relics. In numerous cases, the mobs were supported and abetted by law enforcement. Field Marshalls would more often than not leave a black inmate’s prison lockup undefended after rumour of a lynching began to disseminate allowing a mob to exterminate them before any type of legalities could be executed and thus being left unheard in the eyes of the law. Lynching in America was usually triggered by the imagination of any kind of intimacy between the black men and white women, as their chastity is considered supreme in the nation[2]. Lynching was used to portray fear in the minds of blacks trying to indulge with any white women or men. It was thought that black was trying to engage in some intimate activity with the white women, which is the greatest threat for most white men. These crimes were committed openly in front of the public. Slaughters were often printed in the newspaper, drawing the attention of white families and probably encouraging them to make their race a feared one. All this anxiousness of whites was probably because they feared some, dark complexion people could be better than them and therefore were given demeaning jobs, as are known as, toilet cleaners, maids, assistants, sweepers, were not given promotion even if they deserved it better than any white man working. No person with dignity and self-respect would want to be treated as inferior in their own country which has no rules for the discrimination of the kind, but the government did not take a strong stand. Therefore, the blacks had to fight for their right and so they formed an organization National Association for the Advancement of Coloured People (NAACP)[3], which took care of the rights and violations towards the differently coloured and gathered the support of the legislation. These massacres were just a drawback in the lives of the black Americans, as they could not be sought to any law or recourse; it was total repression for them. This subjugation was rather an assurance of the black to be destitute and deprived of any rights protecting them. Even if there ever was some kind of investigation, it was led by white citizens officially ranked, who in the end wanted to protect their own race and their welfare, because of this injustice only a few criminals were ever identified. Hostile to lynching endeavours transcendently drove by ladies’ associations had a quantifiable impact, assisting with creating overpowering white help for an enemy of lynching bill by 1937 (however such enactment never made it past the delays of southern Dixiecrats in the Senate). The mass migration of approximately 6 million dark Americans somewhere in the range of 1910 and 1970 was pushed by racial dread and a fading farming economy and pulled by a surfeit of modern openings for work. The finish of lynching can’t be said to be absolutely scholastic, however. While focused on viciousness against dark individuals didn’t end with the lynching period, the component of open scene and open, even celebratory investment was a remarkable social marvel that would not be renewed similarly as racial savagery developed.
Lynching bill was initially introduced in America around 1918 by representative Leonidas C. Dyer, a republican in the United states House of Representative[4] but before this around 100 bills were passed and even after this about 80 more bills were considered but none of them were passed, when finally, it all stopped with the passing of the Dyer anti-lynch law, declaring it a hate crime. Although even that did not phase out as planned, not till 2018 that the senate passed the bill unanimously even then the House of Representatives did not take any action. It is expected by the senate to pass the act by 2020. The bill as a federal felony, punishment for the offenders will be 5 years imprisonment, $5000 or the two; every state has a power to execute the responsible. $10000 to be paid by the country in which such an activity was taken place.
LYNCHING IN INDIA
India is a country known to be full of different cultures, religions, viewpoints and a lot more things, but it is also known for its crime rates, one of which is known is the mob lynching of the suspicion. Till now there have been no cases of fore sure wrongdoers but they were just supposed to be one, this seems very irresponsible of the government on its part, as they have not been able to come through with any amendment striking this very crime. This appears to have been conceived by the individuals for their wrath is over any law. This is appearing to be typical for individuals to argue this wrongdoing generally to be collective and as India is a common nation its viewpoints to side any one religion can’t be conceivable. Yet, this is no real way to offer equity to the blameless or regardless of whether they perpetrated a wrongdoing they don’t have the right beyond words such an awful episode. They were no warriors executed in war, regular citizens butchered by dangerous dread gatherings, or radicals squashed by state power. They were ‘we’, the individuals of the world’s biggest majority rules system, which were pursued, pounded the life out of and tormented by vindictive, murderous groups. Lynching is not death of one person or family, but the citizens of the very country are feared to be in their hometown. It is not a safe country with people filled with rage so high that they don’t spare them any doubt. Not even one case in India has been brought justice to or gotten to any conclusion to bring this horrendous activity to an end. All this is asked for the bodies that have been befouled, they pass on in outrageous dread and torment, arguing without any guilty and asking for benevolence. Just for a word the Indian Penal Code (IPC) doesn’t perceive: ‘lynching’.
REASONS FOR LYNCHING.
Lynching in India has been divided into categories as in they have been over these reasons mainly:
- Religious Biases majorly pertaining to Cow Vigilantism
- Political Parties Silence
Fig. 6.1
April 2017 saw the most noteworthy number of dairy animals’ vigilantism occurrences in a month (eight) since 2012. The quantity of occurrences spiked again in August 2018. Here’s a glance at the quantity of episodes and passing’s month-wise. Reports of bovine vigilantism originated from 19 States, with Uttar Pradesh recording the most noteworthy number of occurrences just as passing because of brutality.
The data given below is purely of the cases of cow vigilantism, people have been killed for eating beef, as it is a sacred animal of the Hindu religion. The statistics given below are of the religious targets, as per the most deaths, which are Muslims, they have been lynched most because of being ‘cow-eaters’ and are supposedly offending the Hindus.[5]
Fig. 6.2
- Kheerlanji Massacre 2006.
The first recorded instance of lynching officially noted is that one of Kherlanji massacre in 2006. On September 29, 2016, a horde of 50 residents raged into Bhaiyyalal Bhotmange’s home, and lynched four individuals from his family over a debate over family dispute. Bhotmange’s better half Surekha and their little girl Priyanka were strutted in the town and explicitly mishandled before severely killing them. The assault was after these ladies recorded a police protest against 15 towns who whipped a family member. Eight out of 11 denounced were indicted this January. There were endeavours to standardize the lynching later saying it was a casteist outrage against Dalits by the politically predominant Kumbi rank. It was identified by the high courts of Bombay and Nagpur bench that this had been a case of four Dalits of one family. This is in striking complexity to their unconcealed fulfillment over the death penalty granted by the extraordinarily delegated Fast Track preliminary Court in 2008 to six of the eight blamed, who were accused of mercilessly clearing out everything except one of a Dalit family. The High Court, on offer, drove capital punishment in light of the fact that it was “not the rarest of the uncommon cases,” justifying capital punishment. The intrigue court changed the sentence on these six people and the two others, who were given life terms by the lower court, to a 25-year detainment.
- Dadri mob lynching 2015.
This case is one of the first and most horrendous cases of cow- vigilantism against an innocent Muslim man, Mohammad Akhlaq. The sad part being that 18 men who committed the felony are bailed. This man was dragged out of his house in village bishara, Dadri[6].After a nearby Hindu temple declared that a cow, thought about consecrated by numerous Hindus, had been butchered. The man was pounded the life out of and his child was seriously injured. There were life-size posters featuring ved nagar and his organization of Gau Raksha Hindu Dal with a warning that said “we will slaughter anyone who slaughters a cow”[7] According to the FIR, Mohammad’s neighbour, Prem Singh has seen him along with his brother, cutting a calf with other members of the family, whereas according to his brother Jan, Singh was not in town that day. Either the lynching happened merely due to the doubt of a Muslim having fed on the cow that was of the holy temple of the Hindu, or just hatred of the opposite religion. The fear of the victim’s family was their safety after the accused had been released from the jail; it would be nothing but a fearful life ahead of them. Hence, goes the right to life in vain. The victim’s family will be in fear of losing their lives. Jan has been provided with an armed gunman for 24/7 safety of himself and his family, but one gunman can do no good to a horde of 100s. It is also believable that the yogi government, which is quiet Hindu-nationalist, might take away his security from him.
Later, it was found by the physical examination that the meat was of mutton, in another examination it was said to be “of cow or its progeny”[8]. Even after a year later there was no evidence found on, the cow that had been slaughtered was the meat that was eaten by Mohammad’s family. Mohammad’s mother, wife, children and brothers were compensated with 4,500,000 rupees, along with three apartments at reasonable rate but no one dares to live there, for these are located on a remote highway, outskirts of the city.
This is the case of both the reasons, cow vigilantism and silence of the political parties, being a pro-Hindu state government does not give immunity to devastate the citizens of any other religion, if the cow eating is banned then there should be some relief or warning to someone who does not abide by the law, but there is no right to anyone to annihilate any man’s life, for any reason whatsoever.[9]
- Nowhatta lynching 2017
This is another embarrassing and obnoxious lynch horde murder which defaced an on-duty officer Muhammad Ayub Pandith, a secret officer of the Indian police security in Jammu and Kashmir. He was guarding his usual place at night, which was a sacred occasion for the Muslims on the night of the slaughtering. On 22nd June 2017 he was assassinated in front of the mosque and was not given any chance to be heard. He was mistaken to be an offender as his name suggested “Pandith “Hindu name meaning there by he was a “non-Muslim” standing outside a mosque. Yes, it is questionable but not enough to have been punished with the horrific death. He was unknown to many and that’s what brought in more ambiguity and oneness in doing the wrong. He could not show his id card for he was a secret agent, and this in our country was mistook to be a RAW agent and Indian IB, even the usual visitors of the mosque did not speak up although they were familiar with the officer[10]. The crowd yelled slogans of Pakistan terrorist group Al- Qaida and jihadist Zakir Musa. It was accounted for that the slogan yelling was recorded by Pandith. He also resorted to using his gun, injuring three of the hecklers but there was nothing stopping the men from coming at him. He was assaulted, stripped bare and pelted with stones, batons, iron rods and sharp weapons, his body was recouped in a ravaged state. It was expressed by an onlooker that a portion of the aggressors were seen gnawing the arms and legs of Ayub’s fallen bare body “like dogs”. Some of the guilty men were found and charged with section 302 i.e. murder. After, such a sickening death any officer, or non-Muslim would have been scared the bejesus out of him and would fear coming out of his local area or even house, such is an expected behaviour, for the constitution does not save its people from such a ghastly crime then the at least the people will worry for themselves.
This massacre lead to an anti – terrorism hunts down. There is a little ambiguity here that only after this heinous crime in which one official was killed the search or hunt down began not before that. Does that imply that the state was happy with terrorists as residents, even when the same terrorist was in a grenade attack and not only that, why was he not shot down or held in custody then, such mistakes cost a human life like that of the police officer.
4. Jharkhand lynching 2019
A man was assaulted by a lynch horde and was done so just because he was in doubt of having stolen a bicycle[11]Tabrez Ansari is a 24-year -old. The man had come to visit another town but was rather stuck at dhatkidih, where without any question or talk he was beaten brutally as he was of an outside town and that was their only basis for having stolen the vehicle. While the crowd was beating him, a video was made by an unidentified individual in the horde. He had to state strict mottos, for example, ‘jai shri ram’ and ‘jai hanuman’, (‘hail lord ram’ and ‘triumph to lord ram’.) Before, assaults and lynching’s powered by gossipy titbits on WhatsApp happened in India, where the quick proliferation of phony news have prompted victims’ results. Tabrez was later found to be dead. By the family of the deceased it was asked that they punished the culprit under article 302 i.e. punishment for homicide of the Indian penal code.[12] A special team was relegated to explore the case further, but did not seem to do the deserved justice for the man, for all of the slayers have not been caught. This event is showing the gruesome way the Hindu mythology was used to torture a man of a totally different religion; this might be pleasurable for the one’s slaughterers but not something which at any cost the Hindu religion would preach.
The lynching brought out open anger for using the Hindu lord slogans as an assault slogan and other different riffs. Modi remarked that he was shocked to catch such a disturbing event in his country and it would be requiring “the strictest conceivable discipline to the accused”
Our country is known for its diversity, its secularism, but the misuse of it is the worst part of such a country, people are at each other’s neck for any petty comment on their religion or caste or any difference whatsoever. Such makes India a uniquely discriminative nation. The citizens of this nation are not afraid of laws, however strict and binding they might be, people will do anything to favour and support only their thinking or religious beliefs. This very case a police officer was treated brutally and still there seem to be no specific law for detaining such activity from happening, even now lynching’s are happening and however hard the security forces try, the number of the people against the forces is usually way more and its extremely difficult to control such a large group of angry people. Strict measures should be drawn and also be well executed so that before committing such a crime people worry of the consequences.
5. Palghar lynching 2020
Secularity is an issue for the Indians. They don’t seem to be humane or understanding to the opposite or say another religion, but would fight hand and limbs just for a doubt. This case came as more of a shock because lynching is easy when people are freely moving the country and have no police officials, stopping them from moving about, but this case happened in April 2020, when the world is hit by a pandemic and the country is under exacting lockdown, meaning thereby people are not permitted to come out of their homes, which in this was not followed because lynching cannot be done sitting peacefully at home.
This lynching occurred after the 2 men namely, Kalpavruksha Giri and Sushilgiri Maharaj were allegedly suspected to be child-kidnappers and organ harvesters. The two saints were returning from a funeral and in order to not be obstructed in their travel the men along with their driver took a different route which went through the district of palghar to enter Gujarat instead of using the Mumbai – Gujarat highway. Even after having taken these measures for their smooth journey they were stopped by a patrol. While they were talking to the guard a vigilante group of Christian commissionaires and Muslims hounded them and resorted to assault immediately. Later the police were informed and had taken the two men in their vehicles, even this did no good as they were pulled out of the police vehicle and lynched. The police have arrested 101 people and 9 minors so far.[13] The politicians were just saying one thing that this is “not communal” which does not seem to be the case at all.[14] The incident is very sad and indefensible, and the miserable fact is that propagandists cannot stop themselves from giving this one a communal turn too. For a country in such a social seclusion and lockdown of such a high scale to work, strict policing should be exceptionally productive, also gossip mongering should be stopped from the beginning and those liable for spreading canards should be managed carefully. Effective policing is the only way plausible for controlling such misdemeanour at least until there is a law passed or put a ban to
Some other reasons of lynching have been of rape and child kidnapping:
- Dimapur lynching 2015.
A detainee was legitimately charged of a wrongdoing he had not committed, yet the most exceedingly terrible part is that there were around 7000-8000 individuals who hauled this man out of the jail and was beaten to death just because he was under suspicion of having committed a rape.
This horde gave it the name of “vigilante justice”. The man was thought to be an illegal immigrant from Bangladesh into Nagaland. He was alleged having sexually assaulted a 20-year old girl. The alleged and his accomplice were then arrested and put in the Dimapur central jail. They were charged under the sections 476, 344 and 363 of the Indian penal code.[15] All of allegations if true the lynching might have been justice to not only the girl that was raped, but also other who thought of committing a crime like rape, but as it is known that the man was lynched by around 7000 people and was not declared guilty yet. Thus, it proves the lack of a faster justice system and rather that how the man could be taken out of a prison cell and beaten to death. Out of the thousands only 58 criminals were executed and 32 were served with legal notices.
The Indian constitution very well mentions two fundamental rights, the right to life in article 21 and right against exploitation article 23 and 24. Fundamental rights of the accused have been abused which is a serious concern for every nation and should have had some strict actions by now, but nothing seemed to have done as we had more of these horrific cases, and each more terrifying than the other.
- Akku Yadav case,2006
This case is quite old but it was an unusual kind of lynching. A man named Akku Yadav of New Delhi was a goon, thief, rapist, an accused murderer[16] basically a full-fledged criminal. The man targeted only the members of the “untouchable” caste, as he knew that if they ever complained they would not be heard in any seriousness and rather be mocked because the officers were bribed. Akku always thought of himself to be an untouchable until the day a horde of 200 women lynched him to his senses; all these women were his rape victims. A girl, Narayane was raped many times by this man and went to the commissioner and filed a complaint. Akku was then arrested and his house was destroyed, but then later in a court appearance it was heard that he might get bailed, which infuriated the women and they decided to take the matters into their own hands. Women used their daily applicable weapons, vegetable knives, chilli powder and stones; these were around 200 women who crowded the courthouse. The man never had any shame in him, even when he walked past them in the courthouse, he had the audacity of name calling a woman, a prostitute and frightening her to rape her again. This infuriated the women and they started attacking him with the weapons they had in hand, the police ran seeing such angry women. The man was under attack for over 10 minutes in which he was stabbed many times and a woman cut off his penis[17]. After this ghastly attack akku was found dead, his body was a gory mess and could not be recognised. This might be the only case where all the murders were held in custody. The women had taken full responsibility of the murder,[18] but they were sure of one thing that they had not planned such a death for the man but it was instinct that followed when he teasing the girl. All of the women were later released due to the lack of evidence.
This case might not have gotten peace to the country but at least to the female power if enraged is visible to people who think women are powerless. This is an unusual case but not legally right, as that man even though this was not a suspect but the very criminal was slaughtered and not innocent. This case is different because had all these rape cases been reported, in order to provide justice to all of them it would have taken years and some might have suicide instead of facing the humiliation. Such cases might need lynching but this is just a way of taking away a person’s right to life which is fundamental right and cannot be taken away whatsoever.
AFTERMATH OF LYNCHING ON THE SOCIETY
India is becoming a powerful country at a global level but seemed to be plagued with horde taking the laws into their own hand there is no stopping them from doing it. Lynching around the world has come to a near end but India, a country so wide and diverse, the crime still continues and there seem to be no end around. The right to life, article 2 of the human rights act which means to safeguard the human life, which is so wildly annihilated at no cost in India, which also comes under the purview of the equality and human rights commission.
There has been no compensation from the central government, at least there could have been some restrictions drawn up to put an end to this massacre. Some of the state government even compensated for the cases they thought to be plausible, but that is no justice to the states and families who couldn’t provide that provision either. The national crime record bureau could not define the mob lynching as a definite crime because of the lack of evidence and data, more than half the cases have not been filed but is known to people. The crime is heinous and is a total disaster for the protection of human life, which is the object of electing a government of our own choice in order to not be faced with such a felony and rather be saved and protected.
The most suffered is the victim, people destroy the victim’s houses, and their families are torn apart. If in case the bread earner of the family is dead then what will the mother and children do with their lives, they will be left uneducated illiterate for the rest of their life. There is no law to save the family of the lynched; at least the part that cannot be undone should not be the reason for the suffering of the family. India has many crimes and very less need compensation from the government this is one such case and can be done only when the government affirms mob lynching a crime.
Everyday people are losing their lives because of such hate crimes and they often have no idea of being in such a deplorable situation of life and death. As the news spreads faster on social media, people protest against such hate crimes on social media in order to grab attention to them and be the voice of the country as a whole without any physical violence. Such is the case for lynching too, #lynchistan to the NOT IN MY NAME[19] protest on twitter had begun, but the issue was that there were no laws protecting the protestors, which was a shock to people as lynching is clearly murder.[20]
It is quite shameful to see that the Indian Penal Code has no mention of such a horrendous crime and has the mention of crimes which are all committed in one act i.e. lynching. The crimes that are involved in lynching are namely, culpable homicide(section 299 of Indian Penal Code ) murder(section 300 of IPC), criminalizing unlawful assembly(section 141of IPC) , attempt to murder(section 307 of IPC),attempt to commit culpable homicide(section 308 of IPC) right against exploitation(Article 23 and 24 of the fundamental rights), rioting, hurt(section 319,321,322,324,326 of IPC), wrongful restraint (section 339 of IPC) rioting with deadly weapons(section 146 of IPC), assault(section 351 of IPC) moreover, Section 223(a) of the code of criminal procedure (CrPC) ,1973 states “ persons accused of the same offence committed in the course same transaction can be tried together” Be that as it may, this despite everything doesn’t explain how the culprits will be attempted and the reprisal thereof . These offences are enough to declare mob lynching an atrocious crime.
India is known as the country with the longest constitution, but doesn’t seem to have counted this one terrible crime, but that doesn’t mean people cannot work for their own protection therefore, begun a drive for a new law- Manav Suraksha kanoon (masuka).
PUNITIVE MEASURES TO BE CONSIDERED
(i). Any place it is discovered that a cop or an official of the area organization has neglected to agree to the previously mentioned bearings so as to forestall as well as examine and/or encourage speedy preliminary of any wrongdoing of crowd viciousness and lynching, the equivalent will be considered as a demonstration of conscious carelessness or potentially offense for which fitting move must be made against him/her and not constrained to departmental activity under the administration rules. The departmental move will be made to its obvious end result ideally inside a half year by the authority of the primary example. (i) regarding the decision of this Court in Arumugam Servai V. Province of Tamil Nadu,[21] the States are coordinated to make disciplinary move against the concerned authorities on the off chance that it is discovered that (I) such official (s) didn’t forestall the occurrence, regardless of having earlier information on it, or
(ii) Where the episode has just happened, such official (s) didn’t promptly capture and foundation criminal procedures against the guilty parties. The current requirement of the country is a straightforward and true execution with respect to concerned specialists.[22]
PREVENTIVE MEASURES FOR LYNCHING
(i)The State Governments should have a senior cop, not beneath the position of Superintendent of Police, as Nodal Officer in each area. Such Nodal Officer will be helped by one of the DSP rank officials in the locale for taking measures to forestall occurrences of crowd brutality and lynching. They will establish a unique team in order to obtain knowledge reports about the individuals who are probably going to carry out such wrongdoings or who are engaged with spreading abhor addresses, provocative explanations and phoney news.
(ii) The State Governments will forthwith recognize Districts, Sub-Divisions and additionally towns where occurrences of lynching and crowd brutality have been accounted for in the ongoing past, state, over the most recent five years. The procedure of ID ought to be done inside a time of three weeks from the date of this judgment; as such time span is adequate to complete the undertaking in the present quick universe of information assortment.
(iii) The Secretary, Home Department of the concerned States will give mandates/warnings to the Nodal Officers[23] of the concerned regions for guaranteeing that the Officer accountable for the Police Stations of the recognized regions are additional mindful if any example of crowd viciousness inside their ward goes to their notification.
(iv)It will be the obligation of each cop to make a horde scatter, by practicing his capacity under Section 129 of CrPC, which, as he would see it, tends to cause brutality or unleash the destruction of lynching in the mask of vigilantism or something else.
(v) The Home Department of the Government of India must step up to the plate and work in co-appointment with the State Governments for sharpening the law authorization offices and by including all the partners to distinguish the measures for anticipation of horde viciousness and lynching against any position or network and to actualize the established objective of social equity and the Rule of Law.
(vi)The Central and the State Governments should communicate on radio and TV what’s more, other media stages including the official sites of the Home Department what’s more, Police of the States that lynching and horde brutality of any sort will welcome genuine outcome under the law.
(vii) It will be the obligation of the Central Government just as the State Governments to find a way to check and stop dispersal of reckless and touchy messages, recordings and other material on different web-based social networking stages which tend to actuate horde viciousness and lynching of any sort.
(viii) The police will cause to enrol FIR under Section 153A of IPC or potentially other applicable arrangements of law against people who spread unreliable and touchy messages and recordings having content which is probably going to induce horde viciousness and lynching of any sort.
(ix) The Central Government will likewise give fitting bearings/warnings to the State Governments which would mirror the gravity and reality of the circumstance and the measures to be taken.
(x) The centre should also incorporate sections of law for penalising doctors who stand blamed for neglect of obligation, for the postponement in taking care of survivors of lynching, or submitting bogus reports without doing a legitimate and intensive clinical assessment of the people in question, either under pressure by the police or because of their own partiality against the network or religion of the people in question. Under the pay conspire for the people in question, the sum to be paid to the casualties ought to be recouped from the culprits of the wrongdoing or aggregate fines are forced on the residents where the lynching happens.
(xi) Also confining the laws, the Centre could even accommodate correctional activity against political pioneers seen as blameworthy of instigating hordes. Until a zero-resilience demeanour is embraced in managing horde lynching, this wrongdoing will keep on indicating a rising pattern. Correctional moves to be made against cops blamed for neglect of obligation, as fused in the law sanctioned by the Manipur government, could be repeated in the Central law too as it would stop police authorities acting in a factional way for the lynch horde.[24]
CONCLUSION
This paper tries to thoroughly explain the offence of mob lynching. It went from understanding the offence with the help of definition to encompassing the offences of mob lynching happened in India to providing some preventive measures to handle the same. As already mentioned, this offence not only destroys a man but a family. It fills fear in heart of people forcing them to accept their defeat rather than try to express going against the society because if they do so, they would be taught a lesson by the citizen with a high morale, by the way of ‘lynching’. Is this really the society our forefathers while struggling for independence imagined for? Is this the society our leaders while forming the constitution wanted our motherland to become like? Or is this the society we all as citizens sought to live in. Answer to all these is negative. The power to announce sentences lies in the hands of our honourable courts and in no way the common people can authorise ‘themselves’ by ‘themselves’ to take one’s life and connote their act to be justice served. It is terrible to see that the fabric of our society stands so weakly to control the surge of emotions of few who tend to destroy it. But we can’t lose hopes. We have acts and punishments to tackle the same. We have awareness drives as well. All we need is a common conscience binding each and every citizen, making them a law-abiding individual who knocks on the door of the courts to attain justice and not try to achieve one in a hooligan way.
SUGGESTIONS
Truth should be considered the prime factor before leading an innocent or victim to the path of death, the law should not be taken into own hands and rather be respected. If the people have been wronged they can file a suit or complaint for the same but that feeling of being wronged does not mean to commit a felony. Strict policing is the best current solution, until there is a law nullifying the entire criminal activity. A strict law enforcement is necessary and there should be full – fledged surveillance should be taken into consideration.-
REFERENCES
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FOOTNOTES
[1]http://www.yale.edu/ynhti/curriculum/units/1979/2/79.02.04.x.html Robert A. Gibson updated on 26 July 2010.
[2]https://www.theguardian.com/us-news/2018/apr/26/lynchings-memorial-us-south-montgomery-alabama
[3]history of lynching up https://www.naacp.org/history-of-lynchings/
[4]Journal of the House of Representatives of the United States Volume 65, Issue 2. Washington DC: Government Printing Office. 1918., p. 297)
[5] The cow vigilante menace. updated on December 05-2018 https://www.thehindu.com/data/data-point-the-cow-vigilante-menace/article25666768.ece
[6] https://ksr.hkspublications.org/2019/05/03/cow-vigilantes-and-the-rise-of-hindu-nationalism/
[7]https://www.aljazeera.com/indepth/features/2017/09/lynching-changed-india-170927084018325.html
[8]https://www.aljazeera.com/indepth/features/2017/09/lynching-changed-india-170927084018325.html
[9]https://www.newsclick.in/political-silence-over-lynchings-sanction-another-means
[10] http://indiatoday.intoday.in/story/srinagar-top-cop-lynched-to-death-crowd/1/985418.html
[11] https://m.telegraphindia.com/india/tabrez-assault-clip-showing-chant-not-doctored/cid/1704037
[12] https://www.news18.com/news/india/murder-charge-dropped-in-tabrez-ansari-lynching-case-in-jharkhand-2303797.html
[13]https://indianexpress.com/article/explained/palghar-mob-lynching-mahant-kalpavruksha-giri-6370528/
[14]https://economictimes.indiatimes.com/news/politics-and-nation/palghar-lynching-not-communal-says-cm-uddhav-thackeray/articleshow/75248870.cms
[15] http://e-pao.net/GP.asp?src=24.130315.mar15
[16]Nagpur today dt.2-12-2019 https://www.nagpurtoday.in/nagpurs-akku-yadav-case-turns-rage-after-hyd-rape-murder/12021242
[17]Pushkar news, dt. 3-12-2005 http://www.punekarnews.in/15-yeras-ago-200-women-lynched-rapist-in-court-cut-off-his-private-part/
[18] ‘arrest us all’ september16,2005 https://www.theguardian.com/world/2005/sep/16/india.gender
[19]https://thelogicalindian.com/opinion/india-doesnt-have-a-law-against-lynching/
[20] https://thelogicalindian.com/opinion/india-doesnt-have-a-law-against-lynching
[21] (2011) 6 SCC 405
[22] http://thelawbrigade.com/wp-content/uploads/2019/05/Rakesh.pdf
[23] https://www.civilserviceindia.com/current-affairs/articles/rising-mob-violence-in-india.html
[24] https://www.thehindu.com/opinion/op-ed/preventing-mob-lynching/article30577621.ece