Mob Lynching

This article talks about the issue of mob lynching. It discusses the guidelines issued by Honorable Supreme Court in India. It also enumerate few incidents of mob lynching in India. The article also talks what measures can be taken to contain the issue of mob lynching.

What is mob lynching?

Why in news?

Guidelines issued by Supreme Court

Incidents of Mob Lynching in India 

What steps can be taken?

What is mob lynching?

"Mob lynching" is an act of killing of a person by a violent crowd without any legal trial if the crowd believes that the person is guilty of a crime. Lynching is not defined in IPC  (Indian Penal Code), CrPC  (Code of criminal procedure) and constitution of India. There is only one relevant section which is section 223 (a) of CrPC which says that it is possible to prosecute two or more people accused of same offence committed in course of same transaction. But same section can not be applied if a mob commits an act of killing some one.

Why in news?

On 16th April 2020, a painful incident of mob lynching was witnessed in a village called Gadchinchle near Palghar. Two saints were going to attend a funeral. They had to travel from Kandivali of Mumbai to Gujarat. The driver of their car started driving though interiors. On tbe way, there was a tribal area where a rumor was spread about child kidnappers. The car of saints was stopped by personnel of forest department for enquiry. But at the same time, a mob of 400 people equipped with axes, stones etc. attacked the car. Forest department called police. Both the saints and their driver were killed by the mob and police could not save them. This incident raises question on police. The matter is under investigation. Two policemen were suspended. Police arrested 110 people including 9 juveniles. FIR were filed against 101 people out of 110.

Guidelines issued by Supreme Court

In 2018, Honorable Supreme Court of India has issued guidelines against issue of mob lynching. These guidelines are still not being followed except in three states of Manipur,  Rajasthan and West Bengal. The guidelines for mob lynching were issued by a bench of Supreme Court comprised of three judges namely Justice D Y Chandrachud, Justice Dipak Misra and Justice A M Khanwilkar. The guidelines include preventive measures and remedial measures.

Preventive Measures

• One senior police officer with rank not less than Police Superintendent and one nodal officer is  assigned in each district.
• Nodal officer has to set up a task force which is to be assisted by one DSP rank officer for taking measures to prevent mob violence and lynching. The functions of task force are following:

1. To provide intelligence inputs to identify the people giving provocative statements, hate speeches, fake news etc.
2. To mark sensitive areas where already such incidents of mob lynching have taken place 
3. and to regularly do patrolling on those sensitive areas.

• Nodal officer has to do at least one meeting with local intelligence units in districts and station house officers in order to identify tendencies of vigilantism and mob violence.
• State and central government should collaborate and use TV, radio, other media to broadcast warning to people to face serious consequences if found involved in mob violence.
• Prevention of forwarding of explosive and provocative messages.

Remedial Measures

• If any incidence of mob lynching or mob violence takes place even after application of preventive measures, such incident should immediately come in to notice of local police and jurisdictional police should lodge FIR.
• Duty of house officer is to immediately intimate the nodal officer in district who shall in turn ensure that there is no further harassment of victim and his family.

Incidents of Mob Lynching in India 

Following are some examples of mob lynching in India:

1. In 2015, in Dimapur of Nagaland, a person in jail suspected of rape was killed by an angry crowd of 7000 - 8000 people.
2. In 2018, two thousand people killed an engineer due to suspicion of children kidnapping.
3. Palghar case of 2020 as described above.

What steps can be taken?

1. An act of mob lynching is psychologically destructive if the victim survives. Thus, there is need to tackle this traumatic situation. Government should bear all medical expanses and compensation should be provided.
2. Trial should be conducted immediately.
3. Special fast track courts should be set up for speedy justice.
4. Harsh punishment should be given.
5. State governments should take this issue on serious note and must enact law against mob lynching.

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