MOB LYNCHING

Mukhtar Ahmad

ABSTRACT: There is high rise in mob lynching in India in a span of time. Lynching means the death of a person by a group of people in an illegitimate manner in a brutal way by torture or brutal attack, in some cases aggrieved dies and in some other sustains fatal injuries. There are so many reasons in mob lynching namely, extremism, robbery, extortion, rape, witch hunting (in remote areas), and caste or class conflict, or political reasons. There are many instances where a person was subject to mob lynching and was murdered by mindless people. Since mob lynching has not been mentioned in the Indian legal system thereof no specific law or punishment is available. Although, the Supreme Court has ordered Parliament as well as State Legislature to
enact laws in this regard.

INTRODUCTION
Mob lynching is premeditated extrajudicial killing by a group of people in order to impose what they believe is justice. Many innocents have been persecuted even some of them died with no reason and crime. Such crimes take place due to intolerance and hatred towards a particular community, religion, or caste. People, due to hatred, intolerance, and anger, were incited in such a manner that they do not hesitate to take laws in their hands. The word ‘lynch’ or ‘lynch law’ can be traced by two Americans named William Lynch and Charles Lynch during American Revolution war. 1 They used Lynch’s Law to suppress suspected loyalist to British crown, and particularly to deal with Negros. The derivation of lynching means punishment without trial. Their lynching subjects centered white and black as that were the main reason for mob violence against each other.
In India, political objectives play a significant role in mob lynching cases to achieve their political goals. Perception is different in India people consider that a particular community is injurious and harmful for them, and their religion. Therefore, a group of people so-called GAU- RAKHSHAK targets a person from a minority community then torture him consequently sometimes, results in death, else the person accused sustains fatal injuries.

Mob lynching incidents are carried out on a large scale in the form of mass killing of cow killer by cow-guards, popularly known as GAU-RAKHSHAK. These people take laws in their hands by executing a person who, in their assumption, is a cow killer, this creates social anarchy and social disorder. Such crimes hamper law and order of the State which is also a violation of social interest, social harmony, public peace and tranquility and even violation of interest of the Nation.

INSTANCES
Mob lynching cases have been increased in recent years as a result of enmity and intolerance against a particular community. In 2015, a group of Hindus lynched Mohammad Akhlaq and his son Danish accusing that there was beef stored in their home. The incident became famous as Dadri Lynching 2 and brought shame to the country. In 2016, Mazlum Ansari and Imteyaz Khan was brutally lynched by a mob known as ‘Gau Rakshak’ accusing them as cattle smugglers. 3 In 2018, Akbar alias Rakbar was transporting cows on foot along with an associate. He was attacked by the VHP’s Gau Raksha on the suspicion of being a cow smuggler. 4 Along
with the Muslim community, other minority communities such as Christians and Dalit communities also threatened by group of lynching.

LEGAL FRAMEWORK
Mob Lynching is a heinous crime and gross violence of human rights but there is no national law on mob lynching even though India has a long history of lynching. However, National legislation such as the Constitution of India, the Indian Penal Code and The Protection of Human Rights Act, 1993 can be linked with the lynching offenses. However, Manipur, West Bengal, and Rajasthan are such states which enacted laws related to mob lynching. The Supreme Court’s guidelines to prevent lynching are at the heart of the laws passed by these three states.
The Court formulated a three-pronged approach to putting an end to mob lynching. The first step requires states to take preventive steps to ensure that lynching does not occur. The court’s guidelines mandate the states to identify regions where lynching could occur. The guidelines also prescribe that in every district a senior police officer should be designated as the nodal officer to take measures to prevent lynching. They specify that the nodal officer should take steps to prevent the creation of a hostile environment against any community or caste. The officer is also required to prevent the spread of messages or videos that could incite mobs. Also, regular situational review and coordination meetings between police and state administration are part of
the preventive approach prescribed by the court. The guidelines categorically state that every police officer shall be duty-bound to disperse a mob which may cause lynching.

JUDICIAL APPROACH
In the recent past, it became a very crucial point that necessary measures should be taken and appropriate legal framework should be enacted by the Parliament and State Legislature. In this context, the Supreme Court issued an immediate stringent guideline against the persons or groups of people involved in the mob lynching, and directed to investigate the matter after filing an FIR under section 153B and other appropriate sections of the Indian Penal Code. 5 The Supreme Court recommended that the enactment of a special law on mob lynching by the parliament may take place as “fear of law and veneration for the command of law constitute the
foundation of a civilized society”. The present writ petition was preferred under Article 32 of the Constitution to take immediate and necessary action against the cow protection groups indulging in violence. 6 In 2015, the Supreme Court stated that “the law is the mightiest sovereign in a civilized society. The majesty of law cannot be sullied simply because an individual or a group generate the attitude that they have been empowered by the principles set out in law to take its enforcement into their own hands and gradually become law unto themselves and punish the violator on their own assumption and in the manner in which they deem fit.” 7

CONCLUSION

Incidents itself show that people before killing anyone do not consider anything about law and order. It happens because of lack of education, unawareness and blind faith in religion. There is need of special laws dealing to provide laws and punishments on such heinous crimes, including Human Rights and Fundamental Rights. People of such mindset must get educated about peace, humanity, social harmony, public peace and tranquility. While professing their own religion must recognize others right to enjoy their own life as well as right to practice their own religion.

REFERENCES

1. https://www.indiatoday.in/india/story/lynching-india-1287911-2018-07-17
2. https://www.thehindu.com/specials/in-depth/the-dadri-lynching-how-events-
   unfolded/article7719414.ece
3. https://www.reuters.com/article/us-india-killings/five-held-after-two-muslim-cowherds-
   hanged-to-death-in-india-idUSKCN0WL0FU
4. https://indianexpress.com/article/india/lynching-in-alwar-union-minister-sees-a-conspiracy-
   given-the-pms-popularity-5268739/
   5.Tehseen S. Poonawalla Vs. Union of India and others, WRIT PETITION (CIVIL) NO. 754 OF
   2016
5. Tehseen S. Poonawalla Vs. Union of India and others, WRIT PETITION (CIVIL) NO. 754
   OF 2016
6. Krishnamoorthy v. Sivakumar and others (2015) 3 SCC 467