The recent submission of a report by a committee helmed by the Home Secretary brings to light the proposed enactment of a law aimed at curbing lynching incidents in India. This move is perceived as a response to a series of such incidents that have been occurring across the nation.
Background and Committee Formation
Back in July, following a lynching incident in Alwar, the Central government took prompt action and formed a panel constituting a Group of Ministers (GoM). Led by the Union Home Minister, the GoM was accompanied by a Committee of Secretaries under the Home Secretary. Their primary responsibility was to submit a report suggesting ways to enact a law that can effectively curb lynching. Additionally, the committee’s focus also delved into formulating measures to tackle the escalating issues of misinformation, fake news, and child pornography.
The Committee’s Recommendations
The committee suggested a revamp of existing laws by introducing clauses into the Indian Penal Code and the Code of Criminal Procedure. Currently, lynching cases are covered under different sections of the Indian Penal Code, including murder, voluntary hurt, rioting, and unlawful assembly.
In addition to legal revisions, the committee recommended stricter monitoring and accountability for social media platforms like Facebook, WhatsApp, YouTube, and Twitter. These platforms have been advised to time-effectively address malicious posts or videos reported on their platform.
Accountability of Social Media Platforms
The committee envisions stringent penalties for non-compliant social media platforms, provisioned through new legal procedures. For instance, an FIR could potentially be lodged against country heads of such platforms if they fail to comply with government orders and they could face prosecution under the law.
Civil Society Initiatives
In parallel, civil society has been proactive in drafting a bill against mob lynching. The National Campaign Against Mob Lynching proposed the Manav Suraksha Kanoon (MASUKA) as a means to criminalize lynching, making it a non-bailable offense, with life imprisonment proposed as the penalty for those convicted.
Government Measures to Curb Lynching
In response to Supreme Court directives, the Centre has ordered state governments and Union Territories to appoint an officer at the district level – preferably at the rank of Superintendent of Police. The officer will head a special task force responsible for gathering intelligence and closely monitoring social media content that may incite mob violence.
The Way Forward
Legal experts opine that existing laws suffice in combating mob violence and the crucial need is for better enforcement rather than new legislation. They argue that implicating social media as the sole cause of fake news and lynchings oversimplifies the issue. The problem primarily lies with the perception and conduct of the users rather than the messaging service itself. For instance, the same messaging service which led to organizing lynchings in one part of the country, was instrumental in saving lives in Kerala. However, the committee’s recommendations indicate a broader and more complex reality of these platforms’ roles and responsibilities that needs to be acknowledged.
