MOB JUSTICE: A CRITICAL ANALYSIS OF MOB LYNCHING IN INDIA

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This article starts out by going over the background of mob lynching in India's past and how it has recently become more common due to mob violence and the spread of misleading information on social media. Better laws, policies, and regulating statutes and regulations are required in order to lessen and stop the "catastrophic act of tyranny." This article makes an effort to understand, compile, and summarize the nature, statistical significance, and other pertinent facts and points of view surrounding the evil of mob lynching.

Human rights, social cohesion, and the maintenance of law and order were all seriously threatened by this heinous act. The causes and effects of mob lynching in India, as well as the legal frameworks established by the states and the Supreme Court, will all be covered in this article along with pertinent case law, current issues, and potential solutions.


Keywords: Lynching, mob mentality, mobocracy, mob justice, BNS, BNSS.


INTRODUCTION

Mob lynching is a type of violent crime where a mob executes a person who is thought to be the offender under the guise of enforcing justice without a trial, frequently after subjecting the victim to torture and physical mutilation. A self-constituted court that sentences someone without providing them with due process is referred to as a "lynch law." Both names are derived from the name of Charles Lynch (1736–96), a planter and justice of the peace from Virginia who presided over an atypical court established to punish loyalists during the American Revolution.

The rising number of lynchings poses a threat to the integrity and growth of India's economy, which is the fifth largest in the world. It's one of those hate crimes that, thanks to organized hate campaigns, has evolved into a vocabulary for brainwashing awareness. India's religious and political-legal lynching epidemic is a serious problem for democracy that needs immediate attention.

In simple terminology, we could understand the term "mob lynching" to refer to acts of targeted violence committed by a sizable gathering of people. The acts of violence are equivalent to crimes against the human body or property, whether they be private or public. The mob takes it upon themselves to punish the alleged accused without adhering to the law because they think they are punishing the victim for a transgression (which need not be criminal).


ETYMOLOGY AND MEANING OF THE TERM 

"Lynch law" describes a standalone court that sentences someone without following the proper legal procedures. They are derived from the name of Charles Lynch (1736–96), a planter and justice of the peace from Virginia who presided over an atypical court established to punish loyalists during the American Revolution.
Historically, the Halifax gibbet law (execution of those guilty of theft valued over a specific amount) and Cowper justice (trial after execution) in the border districts of England were two examples of punishments that involved lynching. The Santa Hermandad constabulary in medieval Spain and the anti-Jewish pogroms in Russia and Poland bear similarities to these incidents, albeit with official backing in these instances.

A simple definition of the mob lynching is:


“A group of people who take the law into their own hands to punish a suspected perpetrator commit the horrific act of mob lynching.”

The National Association for the Advancement of Coloured People, or NAACP, defines lynching in the US as follows: 



(i) proof that a person was killed; 

(ii) that the person died unlawfully; 

(iii) that at least three people were involved in the killings; and 

(iv) that the killings took place in public 


TIMELINE BACKGROUND OF MOB LYNCHING IN INDIA

Lynchings in India may be an indication of interethnic conflict within communities. People who are suspected or accused of committing crimes are occasionally lynched by their communities. Social scientists and sociologists disagree that the caste system is to blame for racial discrimination, instead attributing these incidents to intra-racial ethno-cultural conflicts.

There are numerous cases of lynching reported and executed in India.

A very few illustrations are mentioned briefly.

Members of the Kunbi caste massacred four Dalit family members in 2006 in the village of Khairlanji, which is located in the Bhandara district of Maharashtra. This highlights the long-rooted problem of the Indian Society, i.e. Caste Discrimination.

 

On March 5, 2015, a mob in Dimapur, Nagaland, broke into a jail and lynched an accused rapist who was awaiting trial. This incident is known as the 2015 Dimapur mob lynching. An eye for an eye could not serve as a justification for establishing social justice. This is a prime illustration of the same.


Following the dissemination of false information on the WhatsApp messaging service, mostly concerning child abduction and organ harvesting, India has seen another wave of mob-related violence and killings known as the Indian WhatsApp lynchings since May 2017, when seven people were lynched in Jharkhand.

In 2018, the Indian junior minister for civil aviation bestowed honors and decorations upon eight men found guilty of lynching trader Alimuddin Ansari in Ramgarh in June 2017 amid accusations of cow vigilantism

Since 2014, India has seen a large number of lynchings related to cow vigilante violence, primarily involving Hindu mobs lynching Indian Muslims and Dalits. A few noteworthy instances of these types of attacks are the lynchings that occurred in Dadri in 2015, Jharkhand in 2016, Alwar in 2017, and Jharkhand in 2019.

These are only the highlights from a very constrained perspective. We were unable to cover the mob lynching statistics. They truly cannot be counted.


CAUSES OF LYNCHING IN INDIA

The following factors, among others, influence the incidence of mob lynching in India:

Rumours or False Information: Information about delicate subjects such as kidnapping, cattle thievery, religion, and caste hatred, which is typically disseminated via phony accounts on social media, encouraged the mob to take the law into their own hands against the offender who had been falsely accused of crimes. 


Social division and differences: India is a multicultural nation home to people from many castes, religions, and cultural backgrounds. These divisions resulted in the practice of various cultures, and a small amount of disinformation even encouraged the use of violence against marginalized groups.

 A lack of trust in the legal system is exacerbated by the well-known adage, "justice delayed, justice denied," which refers to drawn-out investigations and court cases.


Mistrust of the Legal System: People who believe that justice is being withheld or delayed may decide to enforce their own laws. Mob activities are frequently fuelled by this lack of faith in the police and legal system1. Political Influence: Some political organizations may take advantage of social divisions to further their own agendas by inciting violence through provocative speeches and actions.

Bias and Prejudice: Racial, religious, and caste prejudices that have existed for a long-time fuel mob violence. Hate crimes frequently target particular communities, which exacerbates social tensions.


Lack of Awareness and Education: When people lack awareness and education, rumours and fake news are more likely to spread, which increases the likelihood of mob violence. 


Cow Vigilantism: As cow protection organizations have grown in number, there has been a rise in violence against those accused of harming cows, often targeting minority communities.


Economic Disparities: Disadvantaged groups may become frustrated and resentful as a result of economic inequality. This can occasionally take the form of violence directed at people who are thought to be oppressors or unfairly benefiting from the system.

 
Weak Law Enforcement: When law enforcement doesn't act quickly to stop mobs, they can become more confident. Mob violence is more likely when people think they can act in any way they want without consequence.


Cultural Factors: Mob justice is accepted as a means of resolving disputes in some areas. This may have its origins in earlier eras when community-based justice predominated. 


Media Sensationalism: Sensationalist reporting by media outlets has the potential to escalate tensions and ignite violence. Biased or inflamed reporting of incidents has the potential to incite more unrest. 


IMPACT AND EFFECTS OF LYNCHING IN INDIA

In India, mob lynching has serious and pervasive effects on society. Here are a few of the main outcomes:


Loss of Innocent Lives: The loss of innocent lives is the most tragic and immediate outcome. It is common for victims to be singled out due to gossip, false information, or social identities like caste or religion.
Erosion of the Rule of Law: Mob lynchings threaten the state's authority and the rule of law. The legitimacy of the legal system and legal institutions is called into question when mobs decide to administer justice on their own.

Social Fragmentation: By intensifying social tensions and divisions, these incidents rip apart the fabric of communal harmony. They frequently target marginalized communities, which makes various social groups more fearful and distrustful of one another. 


Psychological Trauma: Those who have survived or witnessed a mob lynching experience significant psychological trauma. A persistent sense of insecurity and long-term mental health problems can result from the fear of being targeted.

Economic Impact: Mob lynchings can have an adverse effect on the economy, particularly for the victims' families who may lose their main source of income. Local economies may also be impacted if companies are singled out or if conflicts within the community interfere with regular business operations. 


Political Instability: Because these incidents frequently turn very politicized, they can cause political instability. Unrest and polarization may rise as a result of political parties using these events to further their own agendas.

LEGISLATIONS FRAMED AGAINST MOB LYNCHING

In India, there isn't a specific mechanism in place to deal with those who carry out mob lynchings; instead, those responsible will be dealt with in accordance with the various laws and regulations:


Bhartiya Nyaya Sanhita, 2023 – Several sections of the BNS can be assailed against the perpetrators in cases of mob lynching:

Bhartiya Nagrik Suraksha Sanhita, 2023- BNSS provides various procedural dimensions to prosecution and adjudication of the cases against lynching.

Since there is no legislation or provision that makes mob lynching illegal, the criminal laws are null and void. The BNS, 2023 includes provisions for rioting, murder, culpable homicide, and unlawful assembly; however, it makes no mention of a group that kills someone jointly. Two or more accused of the same offense during the "same transaction" may be punished under BNSS, 2023. Nevertheless, the clause does not penalize those who commit mob lynching (refer here). The Lynching Act, 2017 was created by the National Campaign against Mob Lynching to provide protection from violent lynchings.


GUIDELINES BY SUPREME COURT


In response to the rise in mob lynching cases, the Supreme Court released extensive guidelines in 2018 that required all states and territories to implement efficient policies to stop and prevent these kinds of incidents. The following are the guidelines in brief:


Nodal Officers: To prevent mob violence and lynching, each district needs a senior police officer appointed as a nodal officer, supported by a DSP. 

Identification: State governments need to identify areas where there have been recent incidents of mob lynching. Directives: The Home Department needs to issue directives to make sure police officers are vigilant1. 

Meetings: Nodal officers need to meet monthly with local intelligence units and station house officers.

Dispersal Duty: Under Section 129 of CrPC1, police officers are required to disperse unlawful assemblies. 

Patrolling: The Director General of Police is required to ensure patrolling in areas where there have been previous incidents. 

Awareness Campaign: States are required to conduct public awareness campaigns about the impact of lynching. 

Social Media Monitoring: Law enforcement is required to monitor social media and act in accordance with the IT Act, 2000. 

Immediate FIR: Police are required to lodge FIRs for lynching incidents immediately and notify the nodal officer. Compensation Scheme: States are required to prepare a victim compensation scheme in accordance with Section 357A of CrPC. 

Accountability: Failure to comply with these guidelines will be deemed deliberate negligence and misconduct.


CASES OF LYNCHING IN INDIA 


In India, mob lynching has been a troubling problem that has garnered substantial attention due to a number of high-profile cases. Here are a few noteworthy examples:


G.Krishnaiah (IAS Officer) lynching case(1994): The Gopalganj District Magistrate G. Krishaniah was lynched on December 5, 1994, when a mob of 5,000 people charged towards his car and pulled him out. Krishaniah is an IAS officer. The crowd struck him, wounding him several times before firing a bullet into his head.

Dadri Lynching (2015): Mohammed Akhlaq was suspected of storing and eating beef, so he was lynched in Bisara village, Uttar Pradesh. 


Pehlu Khan lynching case (2017): Pehlu Khan passed away in a hospital from his wounds sustained during the beating they suffered at the hands of cow vigilantes while they were driving cows. 


Alwar Lynching (2017): While transporting cattle in Alwar, Rajasthan, dairy farmer Pehlu Khan was ambushed and slain by cow vigilantes. 


Guwahati Lynching (2018): Two men were suspected of stealing cattle and were lynched in the Nagaon district of Assam.


Jharkhand Lynching case (2019): Tabrez Ansari was thrashed by a crowd in Jharkhand in 2019 after being accused of stealing. After being made to recite religious phrases, he passed away from his wounds


Palghar Lynching Case 2020: On April 16, 2020, a WhatsApp rumor claimed that robbers were out on the loose in Maharashtra, India's Gadchinchale Village, Palghar District. Under such a pretext, the three individuals—two sadhus and a driver—were apprehended by the mob groups and executed.



Maharashtra Lynching (2023): While transporting meat in Nashik, Maharashtra, Afan Abdul Ansari was lynched by cow vigilantes.


POTENTIAL SOLUNTIONS

India needs to tackle mob lynching from multiple angles. The following are some important fixes: 


Tough Law Enforcement: Enact and uphold laws that are especially designed to prevent mob lynchings. This entails holding law enforcement organizations accountable and taking prompt action against offenders. 


Campaigns for Public Awareness: Organize public awareness campaigns to inform people about the necessity of upholding law and order and the legal ramifications of mob lynching. 


Social Media Monitoring: Keep a close eye on social media sites to stop the spread of hate speech, fake news, and offensive material that could spark violent riots.


Community Engagement: To foster peace and resolve underlying social tensions that might spark mob violence, get involved with local organizations and leaders. 


Support for Victims: Put in place a strong victim compensation program and offer assistance to the families of those lynched by mobs.
Police Training: Give police officers specific training so they can respond tactfully and efficiently to situations involving mob violence. 


Judicial Oversight: Make sure mob lynching cases are expedited through the legal system in order to provide prompt justice and prevent similar incidents in the future. 




Legislative Actions: Push for the enactment of particular anti-lynching legislation in Congress to establish a precise legal framework for dealing with such offenses.


CONCLUSION


India's mob lynching problem is a grave human rights issue that needs immediate attention. This research paper has examined the issue of mob lynching from a human rights perspective in light of India's constitutional framework. The Indian Constitution's Article 21 protection of a person's right to life, liberty, and security is broken by mob lynching. The report also emphasizes that the state has an obligation to safeguard every citizen's right to life and that, in the event that it fails to do so, the rights of those who are lynched by a mob may be violated. 


In India, mob lynching is a serious problem that jeopardizes social cohesion, the rule of law, the democratic values of Indian society, and the goals outlined in the Preamble to the Indian Constitution. Fear is sparked by these kinds of incidents, especially among minorities. Although there are legal defences against these threats, the length of legal proceedings is a result of the lack of specific legislation.


REFERENCES 


  1. Abbott, Geoffrey. “Lynching | Mob Violence.” Encyclopædia Britannica, 5 Dec. 2016, www.britannica.com/topic/lynching.


  1. Aparna Vaidik. “Lynching Reveals India’s Long History of Violence, Belying the Idea of a Non-Violent Country.” Scroll.in, Scroll.in, 3 Feb. 2020, scroll.in/article/951925/lynching-reveals-indias-long-history-of-violence-belying-the-idea-of-a-non-violent-country. Accessed 7 Sept. 2024.



  1. “Mob Lynching.” Drishti IAS, www.drishtiias.com/daily-updates/daily-news-analysis/mob-lynching-4.


  1. Mustafa, Mohd. MOB LYNCHING and the RIGHT to LIFE: A HUMAN RIGHTS PERSPECTIVE in LIGHT of the CONSTITUTIONAL FRAMEWORK of INDIA. Vol. 11, 2023, pp. 2320–2882, ijcrt.org/papers/IJCRT2303239.pdf.



  1. Nagarajan, Sandipan Baksi and Aravindhan. “Mob Lynchings in India: A Look at Data and the Story behind the Numbers.” Newslaundry, 4 July 2017, www.newslaundry.com/2017/07/04/mob-lynchings-in-india-a-look-at-data-and-the-story-behind-the-numbers.


  1. Pathak, Ashish. “MOB LYNCHING in INDIA: A CRITICAL ANALYSIS of LAW and POLICY.”



  1. Sneha Mahawar. “All You Need to Know about Mob Lynching in India - IPleaders.” IPleaders, 4 Dec. 2023, blog.ipleaders.in/all-you-need-to-know-about-mob-lynching-in-india/. Accessed 7 Sept. 2024.


  1. Team LawFoyer. “Mob Lynching: Provisions under BNS | LawFoyer.” LawFoyer | a Daily Doze for Inquisitors, 31 Aug. 2024, lawfoyer.in/mob-lynching-provisions-under-bns/. Accessed 7 Sept. 2024.



  1. theIAShub. “Mob Lynching & Mobocracy: Causes & Implications.” Theiashub.com, theIAShub, 6 Sept. 2024, theiashub.com/free-resources/mains-marks-booster/mob-lynching-mobocracy-causes-implications. Accessed 7 Sept. 2024.


  1. Wikipedia Contributors. “Lynching.” Wikipedia, Wikimedia Foundation, 4 Mar. 2019, en.wikipedia.org/wiki/Lynching.


OLQ is a Pan-India basis law firm connecting legal expertise nationwide.

WRITTEN BY: YASH BHARDWAJ

GUIDED BY: ADVOCATE ANIK



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