MOB JUSTICE

Submitted By

SANA KHAN
 
Division- A

PRN- 18010224042

Batch- (2018-2023)

Of

Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), PUNE

 
In
SEPTEMBER, 2018
 
 
Under the guidance of

DR.GARIMA YADAV
ACKNOWLEDMENT

I would like to thank my professor DR.GARIMA YADAV who helped me all

through my research work by giving valuable suggestions and guidance for the
completion of the project. She helped to understand the topic `MOB JUSTICE .
‘I am also thankful to Symbiosis Law School, Noida for giving me the
opportunity to prepare the project by giving suitable guidelines for the same.
Last but not the least I would also like to thank my family and friends for
supporting me and our almighty for keeping us in his prayers .Thank you one
and all.
 DECLARATION

I hereby declare that the Case entitled “MOB JUSTICE’’ is submitted for the
Symbiosis Law School, NOIDA for Foundation of Ethics is my original work
and the project has not formed the basis for the award of any degree, fellowship
or any other similar titles.

Signature of the Student:

Place:

Date:

CERTIFICATE
The case of ‘MOB JUSTICE’ submitted to the Symbiosis Law School, NOIDA
for foundation of ethics as part of internal assessment is based on my original
work carried out under the guidance of DR. GARIMA YADAV. The research
work has not been submitted elsewhere for award of any degree. The material
borrowed from other sources and incorporated in the research work has been
duly acknowledged. I understand that I myself could be held responsible and
accountable for plagiarism, if any, detected later on.

Signature of the candidate

Date:

MOB JUSTICE
Introduction
A group of people, or mob who want to kill the person without a fair trial
in the court because they believe that person had committed the crime.
Generally mob decides the fatal consequences and in most of cases it
proves to be detrimental to the society. The people tend to take law in
their own hand to punish the wrongdoer or suspected. The person
accused of a crime has no chance to defend him/her or claim innocence.
This procedure often ends up with the victim being beaten to death or
seriously injured. The victim of a mob is denied a fair trial and the right to
life. In last few decades the mob justice has become rampant, suspected
criminals are beaten and often killed .Protestor becomes a vigilant mob
with ready justifications. Our Indian criminal justice system states that
‘An accused or offender is presumed innocent until proven guilty by the
court of competent jurisdiction’. Due to the act or practices people are
denied of their fundamental right of fair trial. On the other hand it also
questions the article 21 of the constitution the right to live.

The word ‘Mob Justice’ is just ironic to what it appears to be. Justice
which should be availed first; is the last to be prevailed by the injured
party. It is rightly said that ‘mob’ does not have mind of its own as they
are instigated and majority of its participants is unaware of reason behind
the cause. It is moreover a chance and opportunity to vent up their piled
anger and they don’t even mind venting their frustration when such
situation arises. Despite knowing the fact that the act itself is unethical in
nature but still it prevails in the society. It is indeed very necessary to
analysis the psychology of mob in order to avert such mishaps in the
society.

REVIEW OF LITERATURE:
DAMUDOR ARAMBAM; 2015 The Times Of India: This paper talks about
Mob violence, which is alluded to as "Mob Justice" – it favours the
agreement of equity by individuals, who usurp the experts of unavoidably
assigned bodies and apply a procedure they characterize as rapid. It can
take different structures; extending from fire related crime, beating,
pursuing without end speculated lawbreakers, lynching, devastating
properties and notwithstanding assaulting relatives of suspected
criminals. When individuals act as a vigilante to lynch miscreants, they
render the offenses, anyway paltry, a capital offense, for which they
choose themselves informer, prosecutor, judge and killer all at the same
time. In the most recent decade, crowd equity has turned out to be
widespread in our Manipuri society. Suspected offenders are beaten and
numerous a periods murdered and properties pulverized which don't
relate with the wrongdoing submitted. For example: Harming doctor's
facility properties and upsetting wellbeing administrations by swarm
comprising of relatives after the passing of a patient are present patterns
in Manipur. Indeed, even charged are beaten outside court by crowd
when they are created for trial. Protestors more often than not transform
into vigilante hordes with prepared avocations for consuming of vehicles
and open structures amid political agitation. But at whatever point such
acts are visited on people, it elevates a perilous marvel that smothers the
sacred necessity of due process and further debilitates the sacredness of
laws that direct human lead.

DADRI: The Indian Express (2018): The article highlights the serious issue of mob
lynching under which mob acted against the innocent person without
having the concrete knowledge. The mob of villagers attacked the home
of Muslim man under the impression that `he and his family slaughtered
and consumed ‘BEEF’ (meat of COW).The due course of action which
resulted into the death of a person and serious injuries to his son. The
mob dragged the entire family outside and bashed them by using sticks
and bricks. Even the police authority was both inactive and ignorant
towards the accident as they arrived 72 hours after the complaint was
filed. It is vital that there too the minister had just as of late gone to the
town," said the report. "With a specific end goal to utilize the confidence
of religious individuals in sanctuaries and clerics, for extending mutual
interests, has the Sangh Parivar, as a feature of another methodology,
began guaranteeing It is vital that there too the minister had just as of
late gone to the town," said the report. "With a specific end goal to utilize
the confidence of religious individuals in sanctuaries and clerics, for
extending mutual interests, has the Sangh Parivar, as a feature of
another methodology, began guaranteeing that they in front of the rest of
their preferred competition a minister in the sanctuaries in the focused on
places," the report inquired. The gathering has requested activity against
Union Culture Minister Mahesh Sharma, who is likewise the MP for
Gautam Budh Nagar, for inducing savagery against writers who went to
the town. that they in front of the rest of their preferred competition a
minister in the sanctuaries in the focused on places," the report inquired.
The gathering has requested activity against Union Culture Minister
Mahesh Sharma, who is likewise the MP for Gautam Budh Nagar, for
inducing savagery against writers who went to the town.

DISCUSSION:
A group of people, or mob who want to kill the person without a fair trial
in the court because they believe that person had committed the crime.
Generally mob decides the fatal consequences and in most of cases it
proves to be detrimental to the society. The question arises here with the
violation of fundamental rights of the injured parties. Most of the times it
happens that injured party is innocent. These practices hold deep roots in
the society that can be seen in the Dadri case where a false rumour took
such a violent shape resulting in the death of man and serious injuries to
his son. The question arises here, whether a mere consumption of beef is
a crime? Then the answer is NO, his crime was not that he may have had
hamburger in the house, which is no crime by any means. His wrongdoing
was that a political gathering needed a body and he was vulnerable. This
crowd was not simply killing the person. But rather assaulting the most
essential estimations of India — comprehensiveness, resilience and
flexibility.

State
 It is against the values upheld in constitution of India.
 Every individual have certain fundamental rights any violence would
be curtailment of this right.
 No regard to law and order in society.
 This may lead to growth of feeling of sub-nationalism.
 Radical and extremists organisations such as ISIS etc could take
leverage of atmosphere created by such incidents


Society

 This impact solidarity of society and idea of Unity in diversity

 This create an atmosphere of majority v/s minority
 It could aggravate caste, class and communal hatred.
 This may increase the extent of domestic conflict and subsequent
militarization.
 Such acts shows loss of tolerance in the society and people are
being swayed by emotions, prejudices etc.

Economy
  This impacts both foreign and domestic investment thereby
adversely affecting sovereign ratings. Many International agencies
warned India against mob lynching incidents.
 It directly hampers internal migration which in turn affects
economy.
 Large resources deployed to tackle such menaces induces extra
burden on state-exchequer.
 These incidents would lead to selective distribution of investment
which may impact regional balance.

Steps taken so far:

 Government Launched Ek bharat shreshta bharat for sustained and

structured cultural connect between citizens of different regions
 Civil society Launched ‘NOT IN MY NAME’ campaign: to protest
against the cow vigilantism.
 Civil society also lunched National Campaign against Mob Lynching
(NCAML). It also known as ‘Masuka’, short for Manav
SurakshaKanoon (law to protect humans).
 A draft of the proposed legislation is currently up on the Internet,
awaiting suggestions from the public.

MEASURES TO BE TAKEN:

Government ought to criminalize the demonstration of crowd brutality.

The Foundation of Special Courts for the preliminary of crowd savagery.
The Awarding of penalties on public servants in failing to investigate
properly due to malafide intentions or wilful neglect of their duties-
emptive move. There should be proceeded with responsiveness on part of
the neighbourhood organization in managing tension and doubt in nearby
networks. Make a component to protect examinations of shared savagery
from political obstruction. Network Sensitisation and mindfulness through
multi-media campaigns. Counter-data battle to check fear-mongering and
counterfeit news. Reinforce common society Organization. This sustains
solidarity. Re-arrange values and customary standards towards improving
sympathy, compassion and society among individuals. Find profitable
commitment roads for expansive jobless or under-utilized young people.
A focused on locale particular approach is need of great importance as
explanations behind such acts differ broadly crosswise over space. Police
changes are essential alongside refinement drive to roll out
transformational improvements in their conduct and attitudinal approach
towards handling of wrongdoing.

CONCLUSION:
With modernity, there is growth of individualism and an erosion of
associational life .Associations encourage us to appreciate others
culture and moderate our aggressive instincts. On the other hand it
contradicts when it comes to Mob lynching or commonly known as
MOB JUSTICE which segregates community from another community.
Mob has no face. This impunity leads mob to take extreme steps
resulting in Weakening of civil society organizations and other organic
institutional links. It is also important to note that culture of political
mobilization that uses violence as a tool of politics. Now a day issues of
religious intolerance is very prominent where people cannot tolerate
each other’s views which can be seen by the Indifferent attitude
towards other cultures and religions. Rise in penetration of Social
media and its usage to spread rumours and hatred (Bangalore Exodus
of North east people).Growing Prevalence of Fake news and Hate News
(Dadri Lynching). There are instances of organized hate campaigns as
well. According to ‘India spends’ 52% of attacks in last 8 years is
based on rumours. They are ineffective to create deterrence through
strong law. Ineffectiveness and delayed justice (Assam Lynching of
rape accused). High Unemployment rates leave millions of youth
unengaged and active participation in this type of act. The situation is
at very crucial stage where it is mandatory to understand the
psychological behaviour of the instigators of mob. There is n no. of
cases occurring and recurring in the society which violates the
fundamental rights of the citizens ARTICLE 21 mentioned in the Indian
constitution which says NO PERSON SHALL BE DENIED OF LIFE AND
PERSONAL LIBERTIES ESTABLISHED BY THE LAW.