The Rise of Mob Lynching in India (GS Paper 1, Society)
Context
- Mob lynching, a grievous violation of human dignity and the rule of law, has been increasingly prevalent in India.
- This phenomenon involves targeted violence by large groups who, driven by biases and intolerance, take the law into their own hands.
- The violence is typically justified by the perpetrators as punishment for perceived wrongs, which are not always legally defined offenses.
Recent Incidents Highlighting the Crisis
- Recent reports from various states underscore the urgency of addressing this crisis. On August 23, 2024, Aryan Mishra, a class-12 student from Faridabad, Haryana, was chased and shot dead by members of a cow vigilante group.
- The incident occurred along the Delhi-Agra highway after the vigilantes, who were on the lookout for cattle smugglers, mistook Mishra and his friends for such smugglers.
- The vigilantes pursued the victim's car for 30 km before the fatal attack.
- The weapon used was reportedly illegal, and all accused are now in police custody with further investigations underway.
- Similarly, on August 27, 2024, in Charkhi Dadri, Haryana, Sabir Malik, a West Bengal laborer, was lynched by a group of individuals suspecting him of consuming beef.
- The group initially lured Malik to a shop under false pretenses before brutally assaulting him.
- Malik’s death was a result of this severe violence.
- Two minors have also been apprehended in connection with this case.
Legal Framework and Challenges
Currently, mob lynching is not recognized as a distinct offense under Indian law. Perpetrators of such violence are typically charged under existing sections of the Indian Penal Code (IPC) for offenses such as:
- Murder under Section 302 of the IPC
- Culpable homicide not amounting to murder under Section 304
- Hurt, wrongful restraint, and wrongful confinement based on the specifics of the case
- Additionally, other sections such as Section 34 (Common Intention), Section 141 (Unlawful Assembly), Section 144 (Joining Unlawful Assembly with Deadly Weapon), Section 146 (Rioting), Section 148 (Rioting with Deadly Weapon), and Section 149 (Offense Committed in Furtherance of a Common Aim) may be applied depending on the circumstances.
- Notably, while hate crimes are acknowledged under the IPC—such as Section 153A (Promoting Enmity Between Groups), Section 153B (Acts Prejudicial to National Integration), Section 295A (Outraging Religious Feelings), and Section 295B (Hurting Religious Feelings)—these sections are rarely utilized in mob lynching cases.
- The lack of specific recognition for mob lynching as a distinct offense fails to capture the gravity of such crimes, particularly those motivated by religion, caste, or class.
- The existing legal framework does not adequately address the element of hate that drives these crimes, nor does it hold perpetrators accountable for the extrajudicial violence they commit.
Challenges in the Legal Process
- One significant challenge is the absence of provisions for a speedy trial in mob lynching cases.
- The complexity and number of perpetrators involved, along with socio-economic influences, often lead to delays and prolongation of trials.
- This jeopardizes the right to a fair trial and can result in severe miscarriages of justice.
- Further complicating matters is the limited application of specific protective laws.
- For instance, Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, provides protection for individuals from Scheduled Castes or Scheduled Tribes, prescribing life imprisonment and fines for offenses committed by non-members knowing the victim’s status.
- However, this Act does not extend protection to other classes of individuals who might be targeted in mob lynching incidents.
The Path Forward
Addressing mob lynching requires a multi-faceted approach:
- Strengthening Law Enforcement: Police must act decisively and promptly against mob violence to prevent its escalation.
- Political and Social Accountability: Political leaders and social influencers need to challenge and change the societal norms that permit or condone mob violence.
- Public Awareness: Educating the public about the legal and ethical ramifications of mob violence is crucial to reducing its occurrence.
- Legal Reforms: The criminalization of mob lynching as a distinct offense would serve as a strong deterrent and uphold the rule of law. The introduction of specific provisions for speedy trials and broader protections could help address the unique challenges posed by such crimes.
Conclusion
- Mob lynching is an abomination that undermines the principles of justice and democracy.
- The rise in such incidents indicates a profound failure in law enforcement and societal values.
- It is imperative for India to implement stringent measures and foster a culture of tolerance and legal adherence to combat this dangerous trend.
