Recent reports have highlighted the disturbing acts of mob lynching happening in the states of Amritsar and Kapurthala in Punjab, India. The former Chief Minister of Punjab has expressed his alarm over these incidents. The term mob lynching is used to denote targeted acts of violence perpetrated by large groups, with the offenders assuming a prosecutorial role without adhering to any legal procedures.
Root Causes of Mob Lynching
A range of factors contributes to the growing prevalence of mob lynching in India:
1. Intolerance: A failure to respect the rule of law often prompts people to take justice into their hands, especially when they perceive certain actions to be immoral.
2. Biases: Prejudices based on caste, class, religion, etc., have led to an increase in hate crimes, including mob lynching.
3. The Emergence of Cow Vigilante Groups: The proliferation of such groups has been instrumental in spurring mob lynching activities.
4. Lack of Prompt Justice: The less-than-efficient working of justice dispensing authorities has prompted people to take the law into their hands without fearing repercussions.
5. Inefficient Police Administration: Given their critical role in protecting lives and maintaining societal harmony, the ineffective investigation procedures followed by the police have contributed to the rise of this particular type of hate crime.
Different Types of Mob Lynching
Mob Lynching can be categorized into five types based on the underlying reasons: These are communal-based actions, witchcraft-related offences, honor killings, bovine-related mob lynchings, suspicions of child lifting, and theft cases.
Legal and Human Rights Implications
Mob lynching breaches human dignity, Article 21 of the Indian Constitution, and majorly infringes on the Universal Declaration of Human Rights. It also violates the Right to Equality and the Prohibition of Discrimination as stated in Articles 14 and 15 of the Indian Constitution. However, it is yet to be recognized as a distinct criminal act under the Indian Penal Code.
Preventive Measures and Legal Recourses
In response to the rising incidents of mob lynching, various preventive measures and legal recourses have been introduced:
– The Supreme Court, in the case of Tahseen s. Poonawala v. UOI, proposed several preventative, remedial, and punitive measures to combat lynching and mob violence.
– States were mandated to establish fast track courts in each district to deal exclusively with cases involving mob lynchings.
– The idea of forming a special task force aimed at gathering intelligence about individuals spreading hate speeches, provocative statements, and fake news, which could instigate mob lynchings, was discussed.
– Victim compensation schemes were initiated for the relief and rehabilitation of victims.
Despite these measures, only three states – Manipur, West Bengal, and Rajasthan – have enacted laws against mob lynching. More recently, the Jharkhand Assembly passed the Prevention of Mob Violence and Mob Lynching Bill, 2021.
Moving Towards Eradicating Mob Violence
The endemic issue of mob lynching not only tarnishes the country’s image, but it also indicates a systemic failure in law enforcement and governance. It is imperative that strict interventions are implemented by the police force. Furthermore, political leadership should take responsibility and challenge the prevailing societal acceptance of mob violence.