Cecily Zamora
Mob lynching in India has seen a rapid increase in cases since 2014, with the BJP government under PM Modi taking control. These incidents are often religiously motivated, with members of one community attacking another, and are a violation of the right to life, right to a fair trial, and other fundamental rights granted to citizens. In 2018, the Supreme Court asked Parliament to make lynching a separate offence and draft a new law to deal with cases related to mob violence. This has led to the introduction of anti-lynching laws in some states, such as Manipur, Rajasthan, and West Bengal, with varying degrees of implementation. The demand for an anti-lynching law at the national level has been accompanied by calls for police reforms and the protection of vulnerable populations.
| Characteristics | Values |
|---|---|
| Definition of mob lynching | Any act or series of acts of violence or aiding, abetting such act/acts thereof, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, community, language, sex, place of birth, personal belief or any other similar ground. |
| Existing laws that can be used to deal with mob lynching | Section 223 of the Criminal Procedure Code, 1973, Sections 300 and 302 of the Indian Penal Code (IPC), Section 147 of the IPC, Section 153A of the IPC |
| State-level laws against mob lynching | The Manipur Protection from Mob Violence Bill, The Rajasthan Protection from Lynching Bill, 2019, The West Bengal (Prevention of Lynching) Bill, 2019 |
| Proposed federal laws against mob lynching | The Anti-Communal Violence Bill, The Protection from Lynching Bill, Manav Suraksha Kanoon (MASUKA) |
| Key features of proposed laws | Make lynching a separate offence, criminalise dereliction of duty by police officers, provide for compensation to victims, guarantee speedy trial and witness protection, remove protection for public officials charged with offences committed while on duty |
| Political parties that have been in power during the rise in mob lynching cases | Bharatiya Janata Party (BJP), Indian National Congress (INC) |
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What You'll Learn
The absence of codified law against mob lynching in India
Mob lynching in India has seen a recent surge, with a Reuters report stating that between 2010 and mid-2017, there were 63 cow vigilante attacks, resulting in 28 deaths and 124 injuries. The absence of codified law against mob lynching in India has been a significant concern, with the Supreme Court condemning these incidents as "horrendous acts of mobocracy". While there have been calls for anti-lynching laws, India currently lacks a comprehensive legal framework to address this issue specifically.
While there is no dedicated anti-lynching law, some existing provisions can be applied to address mob lynching. For instance, Sub-Section (a) of Section 223 of the Criminal Procedure Code, 1973, allows for the joint charging of individuals accused of the same offence committed in the same transaction. However, these provisions fall short of adequately addressing the complexities of mob lynching.
The Indian Penal Code (IPC) also lacks a specific section on mob lynching. While Section 302 of the IPC deals with punishments for murder, it does not capture the unique characteristics of mob lynching. The absence of a clear definition of "mob lynching" in the IPC further complicates the legal process, making it challenging to prosecute perpetrators effectively.
To address this gap, the Supreme Court has provided guidelines for the Centre and State governments to frame laws specifically targeting mob lynching. The Court has also laid down preventive, remedial, and punitive measures. These include directives for immediate registration of FIRs, effective investigations, and the provision of compensation for victims. Additionally, the Court has emphasised the need for police accountability, stating that dereliction of duty by police officers in preventing or investigating lynching cases should be penalised.
While the absence of codified law against mob lynching in India presents a challenge, there are ongoing efforts to address this issue. The draft anti-lynching law, the Anti-Communal Violence Bill, and the Protection from Lynching Bill are all attempts to create a legal framework to combat mob lynching. However, these drafts require further revisions to effectively address the complexities of mob lynching and protect the vulnerable communities affected by this form of violence.
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The need for a separate definition of 'mob lynching'
Mob lynching in India has become a serious issue, causing the loss of innocent lives. It is a significant challenge, with factors like cow vigilantism, caste-based discrimination, and the desire for instant justice contributing to this disturbing trend. The lack of a separate definition for mob lynching under the Indian Penal Code (IPC) has hindered effective prosecution and deterrence of such crimes. While there have been efforts to address mob lynching through remedial and punitive measures, the absence of a clear and unified definition has impacted the consistency and effectiveness of these measures.
The need for a separate definition of mob lynching in India is evident due to the increasing number of cases and the severity of the issue. By defining mob lynching separately from other offences, India can establish a specific legal framework to address and deter these crimes. A separate definition will provide clarity on the elements that constitute mob lynching, ensuring that perpetrators are appropriately prosecuted and punished. This definition should encompass the various factors that motivate mob lynching, including race, caste, community, language, and personal beliefs, as outlined in Section 103(2) of the Bhartiya Nyaya Sahita, 2023 (BNS).
Additionally, a separate definition will help in identifying and addressing the underlying causes of mob lynching, such as political exploitation, institutional weaknesses, social issues, communal hatred, economic disputes, and misinformation spread through social media. It will enable the development of comprehensive strategies to tackle these root causes effectively. The absence of a clear definition has led to challenges in interpreting and enforcing existing laws, resulting in a perception of impunity for perpetrators.
Furthermore, a separate definition of mob lynching can strengthen India's commitment to protecting the rights of its citizens, particularly those from marginalised communities. Mob lynching violates fundamental human rights, including the right to life and a fair trial. By explicitly recognising and defining mob lynching, India can send a strong message of zero tolerance for such heinous acts and reinforce its commitment to upholding the rule of law and protecting the rights of all its citizens, especially minorities.
The absence of a separate definition has also impacted the effectiveness of legislative and judicial responses to mob lynching. While some states have passed anti-lynching laws, the lack of a uniform definition has resulted in variations in the scope and implementation of these laws. A separate definition will enable the creation of consistent legislation and guidelines, ensuring a standardised approach to addressing mob lynching across India.
In conclusion, the need for a separate definition of mob lynching in India is crucial to effectively address and deter these crimes. A clear and comprehensive definition will provide legal clarity, facilitate the development of targeted strategies, strengthen India's commitment to protecting human rights, and enhance the consistency of legislative and judicial responses. By establishing a separate definition, India can take a significant step towards combating mob lynching and upholding the rule of law.
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Police reforms as a parallel campaign
The Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011, or the Anti-Communal Violence Bill, and police reforms are two solutions offered by India to combat the impunity enjoyed by anti-minority lynch mobs. Despite the Supreme Court's orders, police reforms have been put on hold. The Anti-Communal Violence Bill was abandoned because it was thought to jeopardize the autonomy of States by proposing a parallel structure that undermines federalism. This is a misrepresentation, and the Bill must be revived for three reasons: it fixes command responsibility for communal incidents, it recognizes that targeted communal violence disproportionately victimizes minorities, and it creates a mechanism to insulate investigations of communal violence from political interference.
The last point also explains why police reforms are essential, and a purely legislative approach to combating anti-minority violence may not be successful. The demand for an anti-lynching law must be supported by a parallel campaign for police reforms. Even the most excellent laws can accomplish little in the face of a law enforcement system primed to do the bidding of its political masters. The police reforms question—where police officers do not rely on political masters for lodging cases but are immune to the threats of transfer or worse—is even more critical in the context of another important provision that defines mob lynching under Clause 101(2) of the Bharatiya Nyaya Sanhita (BNS) Bill.
The National Campaign Against Mob Lynching (NCAML) has initiated a campaign for a law against mob lynching, and its draft Protection from Lynching Act, 2017 defines the terms "lynching," "mob," and "victim" of mob lynching for the first time in Indian legal history. It makes lynching a non-bailable offense, criminalizes dereliction of duty by a policeman, criminalizes incitement on social media, and stipulates that victims and survivors receive adequate compensation within a specified time frame. It also guarantees a speedy trial and witness protection.
The Indian Supreme Court laid down a series of guidelines in its July 2018 Tehseen Poonawalla order to address mob violence and lynching. The order mandated a police supervisory structure and stronger official accountability, more stringent penal provisions, victim and witness protection, and more comprehensive compensation and rehabilitation programs. It also suggested enacting anti-lynching legislation. The Supreme Court has also directed some measures to deal with the issue, including appointing a senior police officer in each district to form special task forces and identify high-risk areas.
The police reforms should include streamlining archaic rules, such as waiting for court orders for the disposal of seized property. The parliamentary committee should include a senior police officer, prosecutor, lawyer, investigator, prison official, and a reputed civil society member. The focus on technology will strengthen police investigations by making forensics a crucial component in solving serious crimes. Mandatory information to the family of the arrested person by a designated officer is another positive step.
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The role of the Supreme Court and Parliament in addressing mob lynching
Mob lynching is a serious issue in India, with a discernible pattern of targeted attacks on minorities and marginalised groups. In response to this, the Indian Supreme Court and Parliament have taken steps to address and prevent mob lynching.
The Role of the Supreme Court
The Supreme Court of India has played a crucial role in addressing mob lynching. In 2018, the Court passed a judgment in the Tehseen S. Poonawalla case, condemning mob violence and issuing a series of guidelines to prevent it. The Court directed state governments to appoint senior police officers as Nodal Officers, identify high-risk areas, curb inflammatory content on social media, and ensure immediate filing of FIRs and thorough investigations. The Court also emphasised the need for victim compensation schemes and disciplinary action for officials who fail to address mob violence.
The Supreme Court has recognised the rise in mob lynching incidents and has urged the government to pass a new anti-lynching law. The Court warned against “mobocracy” and the spread of internet rumours, specifically addressing the role of social media platforms like WhatsApp in inciting violence. The Court's panel recommended that Parliament pass a "special law" to deter potential attackers.
The Role of Parliament
The Indian Parliament has also taken steps to address mob lynching. In 2018, the Union Home Minister informed Parliament of the government's decision to examine mob lynching during the overhaul of the Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC). The Ministry of Home Affairs (MHA) stated that while there is no separate definition for lynching under the IPC, lynching incidents can be dealt with under Sections 300 and 302 pertaining to murder.
At the state level, several anti-mob lynching bills have been passed. For example, the Rajasthan Assembly passed the Rajasthan Protection from Lynching Bill in 2019, providing for life imprisonment and fines for those convicted of mob lynching leading to death. The West Bengal Assembly also passed the West Bengal (Prevention of Lynching) Bill in 2019, proposing jail terms and defining terms related to mob lynching. However, the implementation of these bills varies, and some states have yet to receive approval from the central government.
In conclusion, both the Supreme Court and Parliament in India have recognised the severity of mob lynching and have taken steps to address and prevent it. While the Supreme Court has provided guidelines and urged for a new anti-lynching law, Parliament is in the process of examining and implementing legislative changes to tackle this issue.
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Existing legal provisions and their limitations in tackling mob lynching
In India, there is no codified law against mob lynching. However, Sub Section (a) of Section 223 of the Criminal Procedure Code, 1973, contains provisions for charging multiple people for the same offence committed in the same transaction, which can be applied to mob lynching. The Indian Penal Code (IPC) also has sections pertaining to murder (Sections 300 and 302) that can be used to prosecute those involved in mob lynching resulting in death.
Despite these existing provisions, there are limitations in tackling mob lynching effectively. Firstly, lynching is not defined as a separate crime under the IPC, which was highlighted by the Supreme Court in 2018 when it asked Parliament to make lynching a distinct offence. The lack of a clear definition of "mob lynching" in the current statutes hinders the effective prosecution of such cases.
Secondly, the increase in mob lynching cases, often targeting religious and caste minorities, has led to concerns about the rule of law and the protection of fundamental rights. The victims of lynching are subjected to brutal treatment, including beating, chaining, and hanging, resulting in severe injuries or death. This surge in mob violence has created a sense of insecurity among marginalised communities.
Furthermore, the requirement for prior permission from the State government to register hate crimes under Section 153A of the IPC has been criticised for shielding perpetrators with political and ideological connections to the ruling establishment. This procedural hurdle has impeded the timely prosecution of hate crimes, including those related to mob lynching.
To address these limitations, several states in India have passed anti-mob lynching bills. Manipur was the first state to pass a comprehensive anti-lynching law in 2018, closely following the Supreme Court's guidelines. The Manipur Protection from Mob Violence Bill defines lynching, establishes nodal officers and special courts, and prescribes enhanced punishments. It also removes the requirement for prior permission to register crimes against public officials who fail to prevent hate crimes. Similarly, the Rajasthan Assembly passed the Rajasthan Protection from Lynching Bill in 2019, providing for life imprisonment and substantial fines for those convicted of mob lynching leading to death. These state-level efforts demonstrate a proactive approach to combating mob lynching in the absence of a centralised law.
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Frequently asked questions
In 2018, the Supreme Court asked Parliament to make lynching a separate offence. In 2019, the Ministry of Home Affairs (MHA) informed Parliament that there was "no separate" definition for incidents of lynching under the Indian Penal Code (IPC). However, at least three States ruled by BJP rivals and one governed by the party itself have passed anti-lynching bills. These bills have not been implemented as lynching is not defined as a crime under the IPC.
The Rajasthan Protection from Lynching Bill, 2019, provides for life imprisonment and a fine ranging from ₹1 lakh to ₹5 lakh for those convicted in cases of mob lynching leading to the victim's death. The West Bengal (Prevention of Lynching) Bill, 2019, proposes a jail term ranging from three years to life imprisonment for those involved in assaulting and injuring a person. It also defines terms such as "lynching" and "mob". The Manipur Protection from Mob Violence Bill, 2018, recommends life imprisonment for those involved in mob violence leading to death. It also includes enhanced punishments and special courts.
One challenge is that there has been limited compliance with the directions of India's highest court, with Manipur being the first state to pass a comprehensive anti-lynching law. There is also a need for police reforms and witness protection, as well as concerns about the autonomy of states and federalism. Additionally, some bills do not explicitly mention "religion" as a motive for lynching, which is a significant factor in many cases.
