The Rajasthan Assembly recently passed two separate bills addressing the rise of incidents of mob lynching and honour killings. The bills suggest stringent punishments for these offences, making them non-bailable, with heavy penalties, including the possibility of the death penalty or life imprisonment in case of honour killings.
The Rajasthan Protection from Lynching Bill, 2019
Mob lynching now recognised as a cognizable, non-bailable and non-compoundable offence punishable by life imprisonment and a fine up to Rs 5 lakh as per the Rajasthan Protection from Lynching Bill, 2019.
This bill defines a mob as a group of two or more individuals. Lynching is described as an act or series of violence acts or aiding, abetting or attempting an act of violence that’s spontaneous or premeditated, performed by a mob based on certain triggers such as religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation or ethnicity.
Punishments Proposed
For committing assault that leads to grievous injuries, the bill proposes a jail term of up to 10 years and a fine ranging from ₹25,000 to ₹3 lakh. In cases where the victims suffer simple injuries, imprisonment can be up to seven years and include fines up to ₹1 lakh.
The conspiracy of lynching, abetting or attempting such an offence, will attract similar punishments as if the offender has actually committed the offense of lynching.
A state coordinator of the rank of Inspector General of Police would be assigned by the state police chief under the prevention of lynching provision. This bill also lists various other offenses related to lynching, like spreading offensive materials, propagating hostile environment and obstructing legal processes, which can lead to imprisonment from three to five years.
Compensation and Rehabilitation
This bill also outlines provisions for victim compensation based on the Rajasthan Victim Compensation Scheme. Furthermore, it mandates the state government to take necessary steps for rehabilitating the victims of mob lynching who have been displaced from their native places.
The Impetus behind the Lynching Bill
Post 2014, Rajasthan has reported 86% of total number of mob lynching cases in India, necessitating stringent laws to keep a check on such incidents.
The Anti-Honour Killing Bill, 2019
As per this bill’s provisions, anyone found guilty of causing the death of a couple or either of them on the basis of these marriages dishonouring or bringing disrepute to the caste, community or family, shall face the death penalty, or lifetime imprisonment.
In case the couple or either of them is grievously hurt, the attackers will face a punishment ranging from 10 years rigorous imprisonment to life imprisonment, along with a maximum fine of ₹3 lakh. In the event of simple injuries, the punishment will be three to five years of imprisonment and a fine up to ₹2 lakh.
Protection against Unlawful Assembly
The Anti-Honour Killing Bill also makes provisions for any person seeking protection from unlawful assembly or from those objecting to lawful marriages. It strictly states that no person or group can assemble with the intention of deliberating or condemning any lawful marriage, based on notions of caste or community traditions.
The Need for the Anti-Honour Killing Bill
In the past five years in Rajasthan, there have been 71 recorded cases of illegal mandates given by ‘Khap Panchayats’ (caste councils functioning like kangaroo courts), and 10 cases of honour killings, taking the lives of four men and eight women. The rise in honour killing cases poses a serious blockade in societal development.
