CHANAKYA NATIONAL LAW UNIVERSITY

LEGAL ENGLISH & COMMUNICATION SKILL

“MOB LYNCHING”

Submitted to
Dr. Pratyush Kaushik
Faculty of legal English
This final draft is submitted in fulfilment of project in “Legal Language and
Communication Skill” for the completion of B.A.LL.B.(Hons.)

Submitted by
Sundram Gaurav
Roll.no-2369
1st semester B.A.LL.B(2020-2025)

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 TABLE OF CONTENT
Sr.NO. Topic Page no.
ACKNOWLEDGEMENT………………………………………....3

DECLARATION ………………………………………………….4

1. INTRODUCTION ……………………………………………….7

2. MOB LYNCHING IN INDIA AND ITS CASES………………...8

3. CASES RELATING TO MOB LYNCHING IN INDIA………...10

4. NATURE OF MOBLYNCHING……………………………….13

5. WHO IS TO BE BLAMED?........................................................15

6. INDIAN LAW AGAINST MOB LYNCHING………………...17

7. THE NEED FOR NEW LAW………………………………….20

8. VICTIM REDRESSAL………………………………………...23

9. COUNTARY CRITICISM……………………………………...25

10. CONCLUSION……………………………………………....26

11. BIBLIOGRAPHY…………………………………………….27

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 ACKNOWLEDGEMENT

I would like to show my gratitude towards my guide, Dr. Pratyush Kaushik,

Faculty of legal English, under whose guidance I structured my project.
I owe the present accomplishment of my project to our CNLU librarians, who
helped me immensely by providing access and credential to E-Library without
which I couldn’t have completed it in the present way.
I would also like to extend my gratitude to my parents and my friends and all
those unseen hands that helped me out at every stage of my project.

THANK YOU.
SUNDRAM GAURAV
Roll No. – 2369
SEMESTER – 1st

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 DECLARATION BY THE CANDIDATE

I, hereby, declare that the work reported in the B.A. L.L.B (Hons.) Project
Report titled “MOB LYNCHING” submitted at CHANAKYA NATIONAL LAW
UNIVERSITY, PATNA is an authentic record of my work carried out under the
supervision of Dr. Pratyush Kaushik. I have not submitted this work elsewhere
for any other degree or diploma. I am fully responsible for the contents of my
Project Report.

(Signature of the Candidate)

Sundram Gaurav
Roll no: -2369
B.A. L.L.B.(Hons.), 1st Year
Semester – 1st 

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AIMS AND OBJECTIVES
The researcher wants to know about:
1. Causes of mob lynching.
2. Whom should we blame for mob lynching?
3. Does recent law are sufficient for stooping mob lynching?
4. Solutions to solve the problem of mob lynching.

HYPOTHESES
1. Rise of right-wing populism has risen the number of mob lynching incidents.
2. Technological advancement of social media platforms facilitates mob lynching.

RESEARCH QUESTION
1. What leads to mob lynching?
2. Are mob lynching cases depended on politics?
3. How can the cases of mob lynching be reduced?

LIMITATIONS
Although the completion of this work has been a very pleasurable experience for the
researcher, yet he faced some problems. Firstly, the National Crime Records Bureau (NCRB)
does not maintain specific data concerning lynching incidents in the country. Therefore,
media reports and data collection by private entities are the only sources of information.
Secondly, there was a paucity of time as the researcher was also involved in making some
other projects.

RESEARCH METHODOLOGY
The researcher has chosen to follow the Doctrinal type of research. While doing this project,
the researcher consulted various journals, newspapers and other online articles. The doctrinal
type of research allows the researcher to read, analyse and compare all that is written or
present on the aforementioned topic. The researcher tries to amalgamate all such views and
come up with a conclusion.

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MODE OF CITATION
The researcher has decided to follow the 20th edition of the Bluebook citation to do this
project.

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 1.INTRODUCTION
“No one is born hating another person because of the colour of his skin, or his background,
or his religion. People must learn to hate, and if they can learn to hate, they can be taught to
love, for love comes more naturally to the human heart than its opposite.”

– Nelson Mandela (1994)

The substantial rise in incidents of vigilantism in India over the past few years, shakes the
very conscience of the nation like India, which has a well-established criminal justice system,
and which bases its existence on secular, socialist and democratic principles Under the veil of
vigilantism some enthusiasts identify themselves with a cause and take the law in their own
hands by ensuring a parallel justice delivery mechanism 1. This vigilantism, manifesting in the
form of lynching seems to have become a new trend in India. Many innocents have been
brutally tortured and some even lost their lives. The irony of this barbarous behaviour stands
strong in the face of the modern civilizations of the 21st century.

The growing number of incidents of mob violence makes it the need of the hour to look into
legal justice system in India and its failure to adequately address, redress and curb such
actions. This allows us to question the lacuna if any in the laws pertaining to mob lynching in
India. Before looking at the various provisions related to mob lynching and the manner in
which existing law deals with this issue, we must understand the meaning, nature and
development of this crowd behaviour. So as to be able to place the law in a context to render
it most meaningful and efficient.

At the outset we must seek to primarily understand mob lynching can be referred to as
premeditated extrajudicial violence or killing by a group. It is most often used to characterize
informal public executions by a mob in order to punish an alleged transgressor, or to
intimidate a group2. Any such action undertaken, does not take place in isolation but has a
context to it, which is determined by the societal aspects. Throughout history, dominant

1
Vigilantism, Culpability and Moral Dilemmas, Nandini Sundar, Critique of Anthropology, Vol. 30(1), 113-
121, 2010.

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groups have used lynching as means to control minorities. Lynching has been an unfortunate
outcome of people taking the law into their own hands and deciding to punish a suspected
criminal or merely a person who is challenging the status quo.

ORIGIN AND DEFINITION OF LYNCHING

The origin of the word ‘lynch’ is said to have originated during the American Revolution
phrased as ‘Lynch Law' which is a punishment without trial. The word ‘lynch’ or ‘lynch law’
has been derived from two Americans known as Charles Lynch and William Lynch who were
from Virginia. During 1782, Charles Lynch had written that ‘the Loyalist’ or ‘Tories’ who
were supporters of British side were provided Lynch Laws to deal with the 'Negroes’.
According to English dictionary, lynch means to put to death, especially by hanging, by mob
action and without legal authority.

In other words, lynching is an unlawful murder by an angry mob of people.

2. MOB LYNCHING IN INDIA

India is observing a high rise in cases relating to lynching. When the people take law into
their own hands it can be dangerous for the victim who is in threat of their lives. We cannot
particularly state the reason for a mob lynching, but we do know that the victim has
committed a certain crime towards that community hurting their sentiments where there
maybe lack of legal action taken by the government leading the people to take law into their
own hands. Mostly the victims of Lynch in India are minorities of that particular area such as
Dalits and Muslims. There are many cases where we observe a Muslim being lynched in
India. Some of the uprising reasons for mob lynching are the simplest reasons which could
have been solved in a manner without violence. We should remember that India is a diverse
nation, even though Hindu is the majority the citizens of India does not restrict only to those
who are Hindus. Muslims and Hindus as well have contributed equally and fought for the
nations Independence. In a historical view we would also observe that as a whole amongst the
population Hindu is a majority but if we calculate the majority within the states, we would
observe that Hindus are also minors in some states. And in those lands Hindus cannot claim
2
Wood, A L. (2009). Rough Justice: Lynching and American Society, 1874-1947 North Carolina University
Press.

8
the territory stating that it falls in India and it will belong to Hindus. Muslims. Hindus, Jains,
Sikhs. Parsis, Buddhists and Christians together as a whole combined create an Incredible
India. Hence, all Indians should be considered as our brothers and sisters and we should not
cause any hate crimes such as lynching against any minorities but instead protect each other.
Hindus consider the Cow as a Holy animal while Muslims and Christian consume cow as part
of their meal. Some of the Muslims have been lynched the name of cow slaughter.

Mob frenzy is not of recent origin. History is replete with incidents of mob violence and in
order to truly understand the nature of mob lynching in India we need to look at its
development over the history.

1. The immediate cause of the 1857 revolt is said to be the Enfield rifles. The cartridges
were wrapped in paper, which had been coated with grease which made it easier to
load in riffle barrels. As rumours began to float that the grease was derived from cows
and pigs, which was offensive as cows are sacred to Hindus and pigs are a taboo to
Muslims. The Sepoys refused to use the new rifle cartridges. On May 10, 1857 things
became chaotic as mobs attacked British civilians, including women and children.3

2. In 1947, at the time of partition, human bodies became sites of lynching and collective
violence, women and children being the worst victims. Nisid Hajari in "Midnight
Furies" (Houghton Mifflin Harcourt) his fast paced new narrative of Partition and its
aftermath, writes, "Gangs of killers set whole villages aflame, hacking to death men
and children and the aged while carrying off young women to be raped”.4

3. The survival of the 1984 anti-Sikh riots that took place in the wake of the Prime
Minister Indira Gandhi’s assassination tell horrific tales of violence, robbery, rape and
murder.5

These historical incidents of mob frenzy differ from recent incidents of mob violence on
many accounts, as the sociological context happens to be different. However, the element of
3
Saul, David (2003). The Indian Mutiny. Penguin Books

4
Hajari, Nisid. (2016). Midnight Furies: The deadly legacy of India's partition. Penguin Books

5
Operation Blue Star: India's first tryst with militant extremism - Latest News & Updates at Daily News &
Analysis. (2016, November 5) Dnaindia.com. Last Visited on :28.01. 2021.

9
commonality which fundamentally explains mob violence remains, which is the belief among
masses that the victims' action falls outside the purview of what is deemed to be correct and
that the action needs to be corrected by whatever means at the disposal, regardless of it being
extra judicial, as this belief is found alongside a lack of faith in the existing system. In order
to legally examine the current scenario, we need to understand the dynamics between the
perpetrator and the victim as prevalent today, which can be understood by analysing some
recent cases.

3. CASE RELATING TO MOB LYNCHING IN INDIA:

1. Kherlanji Massacre 2006: On 29th September 2006, the first case reported in India
relating to lynching. It occurred Bhandara district in the state of Maharashtra. The
lynching was due to a land dispute where a mob of at least 50 villagers barged into the
house of the victim beating four members of the family and parading naked the wife
and their daughter before they murdered them.6
2. Dimapur Lynching 2015: On 5th March 2015, in Dimapur a district of Nagaland, a
person named Syed Farid Khan was accused of rape. A group of angry mobs broke
into the Dimapur Central jail and lynched the accused.7
3. Dadri Lynching 2015: On 28th September 2015, an incident of lynching occurred at
Bisara village, Uttar Pradesh. A group of Hindu Mob had lynched Mohammad
Akhlaq and his son Danish accusing them of stealing and slaughtering a cow calf and
storing the meat for consuming. This was the first case of a Hindu Mob lynching a
Muslim in
the name of cow or beef.
4. Chatra District Lynching 2016: On 18th March 2016, Mazlum Ansari (32 years old)
and Imteyaz Khan (15 years old) were brutally lynched by a mob known as “Gau
Rakshak” who is cow vigilantes at Chatra a district of Jharkhand. They were accused
6
Khairlanji Massacre: On 10yr anniversary of brutal attack on Dalits, Maratha agitation gains momentum
(2016). First Post. Retrieved from http://www.firstpost.com/politics/khairlanji-massacre -on-10-yr-anniversary-
of-brutal-attack-on-dalits-maratha-agitation-gains-momentum- 3023870.html. Last Visited on :28.01. 2021.

7
Roy, S. (2015). Don't touch ‘our’ women; Dimapur lynching was never about justice. First Post Retrieved
from: http://www.firstpost.com/india/dont-touch-our-women-the-dimupur-lynching-was-never-about justice-
214330.html. Last Visited on: 28.01. 2021.

10
 of cattle smuggling but in reality, they had a cattle market and were on their way to
sell eight oxens.
5. Alwar, Rajasthan Lynching 2017: On 5th April 2017, Similar to the previous case,
Pehlu Khan and 14 others were accused of cattle smuggling and were lynched by cow
vigilantes. The disturbing part of the case was that the police had filed a case against
Khan who had a government permit to transport cows.8
6. Jharkhand Lynching 2017: On 18th May 2017, in the districts of Jharkhand had
observed seven men being accused of child lifting and was lynched by the people.
The violence occurred due to circulation of warning messages in WhatsApp regarding
child lifters around the district. Four of the accused were Muslims while the other
three were Hindus.9
7. Delhi Lynching 2017: On 25th May 2017, an e-rickshaw driver was lynched by a mob
of students from Delhi University. The incident occurred after the driver had stopped
two drunken students from urinating in public which later, they had returned with a
group of students to lynch the driver10.
8. Pratapgarh, Rajasthan Lynching 2017: On 17th June 2017, at the district of
Pratapgarh, Zafar Khan, an activist found a Government civil official taking pictures
of woman defecating in public and stopped him from taking such photos. An
argument arose where people say the activist was lynched but police state that his
death was due to heart attack and post mortem shows no sign of murder.11
9. Haryana Lynching 2017: On 22nd June 2017, three Muslim brothers were travelling
in an EMU train from Tughlakabad to Ballabhgarh. At times Public transport in India
becomes over crowded making it difficult for people to travel and at times
experiences bumps against co-passengers. While the brothers were travelling an
argument arose over train seats. The brothers were also accused of being Muslims,
anti-nationals or terrorist or Pakistanis and also that they were the ones consuming
8
Saini, S., & Mukherjee, D. (2017) Alwar lynching Pehlu Khan, killed by cow vigilantes. Retrieved on :
30.01.2021. From: http://www stantimes.com/Indianola -war-lynching pehlu-khan-killed-by-cow-vigilantes-
was-no-cattic-smuggler/story-colFwJT3e8R8kJn396KEGOO.html/.
9
The Wire Staff, (2016). Two Arrests, Protests Follow After WhatsApp Rumours Lead to Lynching of Seven in
Jharkhand. The Wire. Retrieved on :30.01.2021. From: https://the-wire in 138667/WhatsApp-message-turnss-
tribal-violent- leaves-seven-dead/.
10
Rebbapragada, P. (2017). Delhi e-rickshaw driver killed: Rising mob rage incidents at 191U's North campus
are a worrying trend. First Post. Retrieved on :30.01. 2021.From: http://www.first post.com/India/Delhi-e-
rickshaw-driver/ killed-rising-mob-rage-incidents-at-dus-reth-campus-are-a-worrying-trend-3514707.html/.
11
PTI (2017). Activist Zafar Khan lynched to death in Rajasthan’s Pratapgarh for objecting photography of
women defecating in open The Indian Express. Retrieved on :30.01. 2021.From:
http://indianexpress.com/article/dia/activist. zafar-khan-lynched-to-death-in-rajasthan pratapgarh-for-objecting-
photography-of-women-defecating-in-open/.

11
 beef and they might be carrying it right now, by the argument where they were
lynched by a mob of Hindus, Juniad was stabbed to death while his brother survived
even after multiple stabs.12

10. Jalwe Jharkhand Lynching 2017: On 29th June 2017, Mithun Hansda who was an
accused of rape and murder of an eight year old girl was allegedly trashed to death by
an angry mob of villagers.13

11. Uttar Pradesh 2018: On 19 June, a man was lynched in Hapur district of Uttar Pradesh
following rumours of cow slaughter. Police initially denied the cow slaughter angle.
But later videos surfaced purportedly showing a mob beating up a man and forcing
him to confess to having slaughtered a cow. Police admitted that there were rumours
that the incident was an outcome of cow slaughter. The lynching also went on social
media.14

12. Tarbez Ansari Lynching: On 17 June 2019, 24-year-old Tabrez Ansari was attacked
by a Hindu lynch mob in Jharkhand, India. Tabrez Ansari, a 24 years old youth in
Jharkhand, accused of a bike theft pleaded for his life even as he chanted "Jai Shri
Ram" demanded by the mob that brutally lynched him. 25 years old Mohammad
Barkat Aalam while returning home from namaz was assaulted and forced to chant
“Jai Shri Ram" because he was wearing a skull cap. This very much sums up the story
of mob lynching in India in 2019.

13. Palghar Mob Lynching: On 16 April 2020, a vigilante group lynched two Hindu
Sadhus and their driver in Gadchinchale Village, Palghar District, Maharashtra, India.
The incident was fueled by WhatsApp rumours of thieves operating in the area during
the countrywide coronavirus lockdown. The vigilante group of villagers had mistaken
the three passengers as thieves and killed them. Policemen who intervened were also
attacked; four policemen and a senior police officer were injured.

12
Vohra, B. (2017). Muslim teen lynched in Haryana. The barbarians are not at the gates, they're in your
kitchens. First Post. Retrieved on:31.01.2021. From: http://www.firstpost com/india/muslim-teen-lynched-in-
karyana-the-barbarians-are-not-at-the-gates-theyre-in-your-kitchens-3743609 html/.
13
Goswami, D. (2017). Man accused of raping, killing 8-year-old lynched by mob. Indiatoday.in Retrieved on :
31.01.2021. From: http://indiatoday.intoday.in/story/jharkhand-man-accused-of-raping-girl-lynched 1/990795
html/.
14
Dutta, P. K. (2018, July 2). India Today. Retrieved on :31.01.2021. From:
https://www.indiatoday.in/indin’story/16-lynchitis-in-2-months-is-social-media-the-new-serial-killer 1275182-
2018-07-01.

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 4. NATURE OF MOB LYNCHING

Applying a pure sociological analysis to mob lynching, excluding subjective or

psychological factors such as the perceptions, meanings, feelings, and intentions of
the participants, social life is predicted and explained with its geometry-its location
and direction in a multidimensional social space. Social action for instance between
different levels of social status spans a distance in vertical space, the greater the
difference in social status, the greater the vertical distance. The horizontal dimension
social space pertains to such matters as relational distance (the degree of intimacy
between those involved) and radial distance (their degree of social integration) The
cultural dimension includes its own distances as well (such as differences in language,
religion, and art). Social space similarly has corporate and normative dimensions
pertaining to group life and social control. Moreover, pure sociology regards what is
normally viewed as the behaviour of persons or groups as the behaviour of social life
itself. Each conflict too has its own social structure, measured by the
multidimensional social location in which it occurs. Whether a conflict arises between
adversaries who are equal or unequal in social status, for example, culturally similar
or different, and intimates or strangers partly determines how it is handled. Collective
violence varies directly with relational distance. This means that the chances of
collective violence are great, more likely and severe- the parties are strangers rather
than when they are known or acquainted. Also, it is relevant whether they are
culturally detached, unequal, and functionally independent. Conflicts across greater
distances along these dimensions attract more collective violence.15

This leads us to two major scenarios of lynching appear across societies and history:
The classic lynching and the communal lynching. All the listed scenarios of mob
violence in India can be categorised as one or the other. The first being when the
members of an established group or community punish an outsider or a newcomer.
In the second, on the other hand, an insider is punished by the members of the
community or group. A single instance of wrong doing instigates the former, whereas
15
Senechal de la Roche. (1996). Collective Violence as Social Control. Sociological Forum. 11, 97-128.

13
the latter typically occurs after a sequence of offenses by the same individual over a
period time. Despite their different origins, however, both classic and communal
lynching ultimately arise in the same location and direction in social space Classic
lynching. The classic lynching commonly succeeds indictment against a lower-status
individual who is relationally distant (and possibly culturally distant) from a higher-
status victim and various third parties with knowledge of the alleged victimization.
Communal Lynching unlike the classic lynching of an outsider, a communal lynching
punishes an insider-someone well known in a community. Communal lynching
typically occurs in settings both intimate and egalitarian, such as bands of hunter
gatherers or small villages of sedentary tribes. Both, however are a result of an innate
bigotry or partisanship. And this strong partisanship is more likely to occur when the
alleged offender is socially distant and inferior, it might seem sociologically
impossible in a small group of intimate equals. However, people may directly or
indirectly distance themselves relationally, vertically, and otherwise, thereby creating
the conditions for their lynching.

This combined with analysis of the occurring cases, gives us an understanding of the
prevalent power dynamics, where mob lynching is usually a manifestation of
physically violent assertion of a supposed superior over him whom he considers as
inferior. The evidence on mob lynching strongly suggests that most cases of violence
are far from being mere spontaneous public reactions. In almost all cases covered by
human rights organisations and the media, the alleged perpetrators belong to well-
organised groups. Victims have often reported being extorted and threatened by cow
vigilantes. Many instances of mob lynching are initiated and instigated by the
circulation of misleading messages and rumours, in all probability, orchestrated at the
local level. In this regard, any claim as to the incidents being completely unplanned is
untenable. Furthermore, there is an element of hate which is at the heart of these
crimes. Crimes with specific hate element are generally applied to criminal acts done
against people on the basis of their real or perceived association to or membership in a
particular group, such as caste, religion, race, ethnicity, sexual orientation or gender
identity, among others, usually defined by having protection grounds under
international law. Hate crimes are suggestively different from ordinary crimes

14
 because of the driven by discrimination. That is, the crime is committed against
someone because of their identity or the group they belong to.16

5. WHO IS TO BE BLAMED?
“A society with lynch culture needs a big zoo, not for the animals definitely, but for
the very people themselves!”
― Mehmet Murat ildan
Mob lynching is a very complex phenomena which involves many factors. Blaming
one or two of them would be incorrect. A single incident of lynching involves many
aspects, two of them i.e., politics and technology has been mentioned in the earlier
chapters, some others include the administrative machinery, the vigilante groups or
the lynchers, media and even law.
1. Local vigilante groups or lynchers: Religiously charged mobs have become
active in dispensing vigilante justice. They are running throughout the country. They
see themselves as moral vigilantes protecting the sacred order and the state should
take steps to remove their idiosyncrasies. They assert their muscle power through
intimidation and throw caution to the wind. They perpetrate mob violence on
vulnerable individuals with implied exemption from punishment. They can barge into
the homes and check the meat in the refrigerator, attack places of worship of the
minorities, protest outside educational campuses and brand people as ‘anti national’.
These groups get support from the political class and work with a sense of impunity.
They take law in their own hand to deliver justice according to their understanding of
right and wrong.
2. Administrative machinery: When human beings are dehumanized in the process
of lynching and justice (or injustice) is done in the wildest manner, the administrative
machinery remains a dumb spectator to the new pattern of violence so lynching takes
place with an easy absence of guilt. There have been instances where nine men were
mercilessly beaten to death by rampaging mobs in Jharkhand even in the presence of
police forces. In most of the cases of mob lynching, minorities are the victims and it
has been noted that police refuse to register a complaint in such cases. Even after
registration of complaint, the investigation is done in a haphazard manner.

16
Halt the Hate. Retrieved on :31.01. 2021.From: http://halthehate.amnesty.org.in/.

15
3. Media: Lynching is an unfortunate malady. There are news channels that have
become kangaroo courts with half a dozen panelist and the news anchor becomes
judge and executioner. These anchors present different conspiracy theories related to
mob violence, without any substantive evidence, they broadcast hearsay.
Consequently, some channels blame the victim while some blame the vigilantes
leaving the viewers perplexed. There are some channels that feel such incidents are
not newsworthy enough to be aired during prime-time slots. On the other hand, some
leaders blame the media for being selectively outrageous- You reported X why you
chose to be silent when Y happened. A murder is a murder and cannot be justified.
Attempts are made to give communal colour to such incidents. Almost all the six
panelists in six boxes have
differing opinions but no unanimous solution to remedy the hopeless situation.
Perhaps, we are getting accustomed to the new language and pattern of violence.
4. Law: Martin Luther King jr. famously said, “It may be true that the law cannot
make a man love me, but it can keep him from lynching me, and I think that's pretty
important.” Lynching has been a frequent occurrence. There is silence too from the
courts. Law has taken a backseat.
In India, there is no proper legal definition of mob lynching, let alone a law against
the same mobs are taking law in their hands functioning both as judges and
executioners, deciding who, when, where and how to kill. Religious sentiments have
replaced the rule of law. The nation’s sleep is sacrificed in the name of protecting the
cow at the altar of Lady Justice. Framing special laws on mob lynching, constituting
fast-track courts and taking strict actions against the culprits will not only help solve
cases of mob violence but also send a message that lynching is a crime so that no
person could commit this crime.
5. Social Media: As mentioned in the earlier chapter, incidents of lynching can be
linked to technology and the rise of social media. Cell phones are used to spread
rumours about cow slaughter and child-lifting. A new form of propaganda is
manufactured to inculcate a collective majoritarian identity. The gruesome scenes of
violence are captured through cameras and made viral.
Such techniques provoke and inflame the passions of the mass audience. The public
exhibition of retribution and punishment is the primary message of such violence.
6. Politicians: Selfish politicians tacitly, and in some cases overtly, support vigilante
groups. By doing this, they gather support of the handlers or leaders of such group.

16
These leaders have a huge fan following and are admins of many WhatsApp groups
which help the politicians to promote their political interests and political career. The
politicians try to create an environment of polarisation and then use it for their own
benefit.

These hate crimes flourish most of all because of the enabling climate for hate speech
and violence which is fostered and legitimised from above, which frees people to act
out their prejudices; and the impunity assured by state administrations to the
perpetrators. Senior politicians and elected representatives frequently come out in
open defence of the attackers, charging the victims with provoking the attacks. The
messaging is unambiguous: Not the lynch mob, but the victim, and the community to
which he belongs, are guilty. The current phenomenon of lynching to be what
intellectuals describe as “command hate crime”. By this underline, first, that these are
hate crimes, not ordinary mob violence, as these mostly target identified minority
communities and disadvantaged castes. And second, that these crimes are tacitly or
openly encouraged by senior leaders of the political establishment. The members of
the lynch mob in most incidents of lynching video-tape the act, and upload the
videotapes. To record one’s crimes and display these on the social media reflects a
brazen confidence that you will not be punished for your crime, and even if you are
nabbed, you will be a hero for the ruling establishment.

6. INDIAN LAWS AGAINST MOB LYNCHING

The Indian legal system processes in a systematic manner. A person accused of a
crime cannot be punished immediately. The accused must first go through a trial at
court where the judge will give a judgement whether the person is innocent or guilty
of his crime. After he is found guilty. Offences and Punishments under the Indian
Penal Code will be applied according to his crime. The people fail to understand the
process of the judicial system in India as there are many who lack education on law.
The citizens should be taught of their rights and duties given by the nation which is a
big failure today. Schools does not reach towards the subjects of law in depth while
for higher education many parents send their children to study engineering, doctor,
architecture where these courses do not reach towards subjects of law. Many people
today are not aware of what rights and duties they are provided by the constitution.

17
 The people should also be aware that the Indian judicial system follows a systematic
way to process its orders. Punishing of a criminal is one of their main functions which
can take a long time to prove a criminal guilty as a criminal is also given his right to
appeal against an order given by a lower court. A criminal can be punished under
offences relating to rape, murder, illegal activities of cattle smuggling, animal cruelty,
and those which affects the rights of another living being. The kinds of punishments
given to these criminals may be given towards the crime they have committed starting
from fine, imprisonment, fine with imprisonment and if a serious crime is committed
the person will be given life imprisonment. A criminal should be punished but the
practice of mob lynching is not the way to punish a criminal. Lynching is a serious
crime as it deals with a murder of a person by a group of angry mobs without any
legal authority. Any person acting against the legal authority is an illegal act and can
be punishable by the court.

While there is no one specific substantial law or specific punishment pertaining to

mob lynching in India, it falls within the purview of a number of criminal provisions
seen in totality. The punishment therefore is also dependent on the facts of the case.

Section 302 of Indian Penal Code17: Section 302 of IPC which defines punishment for
murder, states that the one who commits murder shall be punished with death, or
imprisonment for life and shall also be liable to fine Death as a result of actions of
mob can also result in invocation of this section.

Section 304 of Indian Penal Code18: Culpable Homicide not amounting to murder.
Whoever commits culpable homicide not amounting to murder shall be punished with
imprisonment for life, or imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

Section 307 of Indian Penal Code19: The section referring to attempt to Murder states
that whosoever does any act with such intention or knowledge, and under such
circumstances that, if he by that act caused death, he would be guilty of murder, shall

17
The Indian Penal Code 1860. Section:302.
18
The Indian Penal Code 1860. Section:304.
19
The Indian Penal Code 1860. Section:307.

18
 be punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine and if hurt is caused to any person by such
act, the offender shall be liable either to imprisonment for life, or to such punishment
as is hereinbefore mentioned When any person offending under this section is under
sentence of imprisonment for life, he may, if hurt is caused, be punished with death.

Section 323 of IPC20: This section deals with punishment for voluntarily causing hurt
Whoever voluntarily causes hurt, shall be punished with imprisonment of either
description for a term which may extend to one year, or with fine which may extend
to one thousand rupees, or with both.

Section 325 of IPC21: This section dealing with punishment for voluntarily causing
grievous hurt states that whoever, except in the case provided for by section 335,
voluntarily causes grievous hurt, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be liable to
fine.

These punishments which are provided above will only be applicable for a group of
people engaging in mob lynching. Therefore, these punishments have to be read with
the sections provided below.

Section 34 of IPC22 :This section defining common intention states that when a
criminal act is done by several persons in furtherance of the common intention of all,
each of such persons is liable for that act in the same manner as if it were done by him
alone If a mob committed murder, then this section renders all those parts guilty of
committing murder with this section and the section of murder.

Section 141 of IPC23: This section dealing with unlawful assembly states that an
assembly of five or more persons is designated an unlawful assembly". If an assembly
commits any wrong to anyone, they all will come under this unlawful assembly and
will be prosecuted with the punishment.
20
The Indian Penal Code 1860. Section:323.
21
The Indian Penal Code 1860. Section:325.
22
The Indian Penal Code 1860. Section:34.
23
The Indian Penal Code 1860. Section:141.

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 Section 149 of IPC24: According to this section, every member of an unlawful
assembly is guilty of offence committed in prosecution of common object. Thus, if an
offence is committed by any member of an unlawful assembly in prosecution of the
common object of that assembly, or such as the members of that assembly knew to be
likely to be committed in prosecution of that object, every person who, at the time of
the committing of that offence, is a member of the same assembly, is guilty of that
offence. For instance, a mob with common object of punishing the beefeaters (the
common objective) will fall within this section.
Section 14725 and 148 of IPC26: In this section, rioting and its punishment is defined.
Whoever is guilty of rioting, being armed with a deadly weapon or with anything
which used as a weapon of offence, is likely to cause death, shall be punished with
imprisonment of either description for a term which may extend to three years, or
with fine. with both.
Section 120B of IPC27: This section on criminal conspiracy states that if a group of
people conspire to commit an offence punishable with death or imprisonment, they
will be liable under this section.

7. THE NEED FOR NEW LAWS

While in theory, the existing sections adequately deal with the persons indulging in
mob activities, the same is not seen in practice, which is evident from the ever
growing mob lynching incidents. It is widely held that the current substantive laws are
adequate and that the failure lies in implementation of law. While it is true that the
order needs to be improved, the failure of the substantive part lies in accounting for
the relevant element of ‘hate' which is found common to these incidents. The law
should be broad enough to include all different offences that can be committed with a
discriminatory motive. It also fails to take into account the power dynamics which
allows for the victimisation. Those belonging to marginalised groups are targeted
because of their identity. Whereas those responsible for the killings subverted the rule
of law, take justice into their own hands and appoint themselves as judge, jury and
executioner. Anecdotally, what is apparent is that this crime disproportionately affects
24
The Indian Penal Code 1860. Section:149.
25
The Indian Penal Code 1860. Section: 147.
26
The Indian Penal Code, 1860, Section :148.
27
The Indian Penal Code,1860, Section:120B.

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 marginalised groups that have historically faced discrimination. Element of
commonality between mob lynching crimes, differentiates it from other crimes. The
address of these crimes however in line with other crimes points towards the existing
legal lacuna.

The National Crime Records Bureau of India does not record hate crimes as a separate
offence While crimes perpetrated against Dalits and Adivasi identity are recorded
under progressive legislation like The Scheduled Castes and Scheduled Tribes Act,
198928, a vast majority of hate crimes are neither recognised nor recorded. Recently,
the National Crime Records Bureau reported that it will publish data on mob lynching
in its "Crime in India 2017” report. However, no provision has been made to record
underlying discriminatory motives in cases of mob lynching. A metameric to
adequately measure crimes targeting a person's identity or their real or perceived
membership of a particular group is currently non existents29 .While many individual
incidents of hate crimes may receive substantial media attention, may cause public
outrage, most incidents of hate crimes, spread over multiple states and time periods,
are simply forgotten or routinely ignored. The news of a Dalit being beaten for
breaking u caste norm or mob lynching of a Muslim based on rumours of cow-
slaughter, more often than not, fails to capture the attention of both the public and the
government.These are treated as isolated incidents, and deemed unconnected to the
systemic marginalization that prevails society . It is therefore important that we
recognise that all such crimes are a cause and consequence of systemic oppression,
marginalization and inequality. However, since incidents of hate crimes in India are
not systematically recorded by the government, there is an obvious data void on the
prevalence of such crimes.

The first step to preventing the occurrence of hate crimes is recognising and recording
them as a separate offence. Recording hate crimes separately is essential for effective
investigation, obtaining redress, and devising better policies to prevent hate crimes.
The next step is ensuring justice and accountability of all in cases of hate crimes.
However, at present there exists a serious lack of accountability for hate crimes
perpetrated against marginalized communities. Therefore, until the state records hate
28
The Scheduled Castes and Scheduled Tribes Act (Prevention of Atrocities) Act, 1989.
29
Amnesty International India (2018, August 26) Why hate crimes remain a grave problem in India. Retrieved
on :01.01. 2021. From: https://amnesty org in/why-hate-crimes-remain-a-grave-problem-in-India/.

21
 crimes as a separate offence and makes the protection of marginalized communities a
priority, hate crimes will remain a grave problem in India. Due consideration should
be given to how hate crimes would be incorporated in criminal codes. If the essential
element of identifying a discriminatory motive behind the crime is neglected, then the
lynching is treated like any other crime under existing criminal provisions in India.
The importance of recognising and subsequently documenting hate crimes is for
identifying and recording the discriminatory motive behind the crimes. Further, the
discriminatory motivation ought to be considered as an aggravating factor to existing
crimes in order to render just punishment. Moving beyond ideology, another point of
legal lacuna is the spread of misinformation, which needs to be addressed as often the
focal and immediate cause of mob lynching is the spread of misinformation.
Perpetrators of the same need to be identified and punished.

The Supreme Court of India's response30 on July 17, 2018, to a cluster of petitions that
had demanded a systematic state response to mob violence, which has increasingly
been inflicted in the name cow protection, love jihad and child abduction marked a
much needed institutional response to the proliferation and ferocity of mob lynching
in India. The Court last year passed interim orders, directing the states to nominate
senior police officers as officers who were to ensure that "vigilantes" do not take law
into their hands. In its latest judgment, the Court went far beyond these measures to
lay down a set of guidelines, binding on the central and state governments, to prevent,
remedy and punish these crimes. The Court, instead of laying down any new
substantive provisions, recommended that the Parliament should take up the job of
enacting a new anti-lynching law. The court however, has formulated procedures that
are meant to provide greater accountability and responsiveness within the existing
criminal law framework.

These court-framed regulations have made it obligatory to be precise in defining what

constitutes "mob violence" and "lynching" in order for them to operate meaningfully.
The court adopted a rather broad definition of lynching as "targeted violence and
commission of offences affecting the human body and against public and public
property by mobs under the garb of self-assumed and self-appointed protectors of

30
Tehseen S. Poonawalla v.Union of India, 9 SCC 501 (SC 2018).

22
 law." This generality notwithstanding. the harm of mob lynching cannot be
understood devoid of the context of social power and vulnerability. The history of
mob lynching cannot be isolated from the struggle of civil rights movements to
address hate crimes against racial minorities.

In one of the most significant moments in the judgment, the court used this category
and observed that "hate crimes as a product of intolerance, ideological dominance and
prejudice ought not to be tolerated.” The petitioners’ arguments that mob violence had
targeted minority castes and communities was the undertone of the decision. The
court held that the police must eradicate hostile environment against any community
or caste which is targeted in such incidents." This was necessary to preserve the
"secular ethos and pluralistic social fabric". It recognised that lynching and mob
violence are hate crimes, linked to the environment of violence and intimidation
against vulnerable castes and communities.

8. VICTIM REDRESSAL

The experience of mob violence till now shows that victims and witnesses have been
further victimised after the incident. It is extremely rare for the police to take
appropriate steps, including lodging FIRs and conducting credible investigations in
cases of lynching. Victims’ families are rarely aware of the status of their cases. They
have found it next to impossible to procure copies of FIRs and post-mortem reports.
In most cases, the victims and families have not even been paid the standard
compensation due under the state schemes. This makes the Court's guidelines 31
pertaining to victims and witnesses crucial. The Court has clearly laid down that the
police must immediately file FIRs and file the charge sheets as required under law. It
ruled that the families of victims must be kept abreast and involved in the cases. They
must also get free legal aid. The Court also directed the state governments to lay down
a compensation scheme within a month of the judgment.It also significantly laid down
important guidelines to protect victims and witnesses from harassment including
concealing the identity of witnesses if needed.

31
Tehseen S. Poonawalla v.Union of India, 9 SCC 501 (SC 2018).

23
One of the ways in which victims, their families and witnesses have been intimidated
is by threatening them with cross-cases, often under the rigid bovine and anti-cattle
slaughter laws. In some states, these laws seem to legitimise a close nexus between
the police and cow vigilante groups, in the form of state-backed cow protection cells.
Unfortunately, despite being asked to review these laws on the grounds of their abuse,
the Court did not address this issue.

Years of experience have shown that one of the biggest hurdles to addressing violence
against vulnerable sections is the complicity or indifference of law enforcement
agents. Incidents of mob lynching have not been very different, with victim accounts
holding police responsible for inaction and sometimes active participation. The
formula of holding individual police officers accountable is therefore necessary. The
Court has directed the nodal officers to “personally monitor” the investigation of these
crimes. It has also held that wherever there is evidence that a government officer,
including a police officer has failed to prevent or investigate violence, action will be
taken against him, Action will include a departmental inquiry to be concluded within
six months.

Another consequential guideline in aid of victim redressal was made by the court that
the cases of lynching and mob violence, including the ones that have occurred before
the judgment, are to be heard by fast-track courts on a day-to-day basis and decided
within six months. This is crucial because the available experience suggests that
almost no mob lynching cases have seen any final adjudication.

9. COUNTERING CRITICISM

Any substantive legislation in this regard is not free from criticism. Codification on
grounds of the "hate" element is criticised on the grounds that the attribution of
prejudice is very difficult to determine because of the problems with defining
prejudice and establishing motivation. Even when motivation is established, it leads to
a ranking of the seriousness, and subsequent punishment of motivations. Another
problem could be that it could have unintended consequences. For instance, the laws

24
 were meant to provide greater protection for historically oppressed can be used to
punish some of the same people it was meant to protect.32
However, punishing such crimes not only signals the border between that which is
permitted and that which is proscribed, but also denounces that which is rejected and
33
announces that which is embraced .Furthermore, deterrence is one the key
consequences of such legislation. Deterrence can here be attributed at two-folds
austere penalties may deter criminals and legislation increases the reporting and
vigilance of law enforcement officials. Although arrests and convictions as a means of
deterrence can be debated, the extensive media coverage of hate crimes and the often
swift and sure justice following some of the most highly publicized hate crimes
reinforces the deterrence argument.
Finally, although the crimes are often committed against a single person, they are
meant to send a message of intimidation and bigotry to the entire community to which
the victim belongs. The crimes can resonate throughout the victim's community
leaving a heightened sense of vulnerability and anger. An Indian legal manifestation
in this regard to which a parallel can be drawn is the acid attack legislation. While the
pre-existing laws punished such an action, the different nature called for these
criminal acts to be addressed differently. For these reasons, hate crimes such as mob
lynching are different from other crimes, and they are therefore need of unique
remedies, such as hate crime policies.

10. CONCLUSION

Keeping in mind the nature of mob lynching, present laws do not adequately address
the situational crisis. The growing number of incidents and the failure to punish
criminals owing to legal lacuna has been addressed by procedural changes as
suggested by the Supreme Court in 2017. The punishment for cops in case of failure
to arrest perpetrators, the fast-track courts, victim's family compensation and stricter
law enforcement are positive steps towards improvement in the existing situation.

32
Jacob.J.B. (1993). Should Hate Be a Crime? Public Interest 113, 1-34.
33
McPhail, B. (2000) Hating Hate: Policy Implications of Hate Crime Legislation. Social Service Review, 74),
635-653. Doi: 10.1086/516428.

25
However, all of this will be meaningless without adequate substantive law that
properly addresses mob lynching, without any ambiguity Mob lynching differs from
other crimes various regards like the power dynamics, the 'hate’ element and the
historic marginalisation. The distinguished nature of these crimes therefore demands
for distinguished laws for an accurate understanding and proper administration of
Justice.
It is high time that the Indian legal system includes lynching as a serious crime and
those involved in it to be punished severely. The people have to be made aware and
educated that lynching is a serious crime. Awareness drive or campaigns such as the
“Not In My Name” should be encouraged by the civilians. Infrastructures have to be
improved in police stations and jails and it would be great to have separate
professionalized squad with all the proper equipment needed in cases of lynching all
over the states of India.

26
 11. BIBLIOGRAPHY
Websites:
1. Operation Blue Star: India's first tryst with militant extremism - Latest News &
Updates at Daily News & Analysis. (2016, November 5) Dnaindia.com. Last Visited
on :28.01. 2021.
2. Amnesty International India (2018, August 26) Why hate crimes remain a grave
problem in India. Retrieved on :01.01. 2021. From: https://amnesty org in/why-hate-
crimes-remain-a-grave-problem-in-India/.
3. Halt the Hate. Retrieved on :31.01. 2021.From: http://halthehate.amnesty.org.in/.
4. https://www.google.com/amp/s/indianexpress.com/article/explained/palghar-mob-
lynching-mahant-kalpavruksha-giri-6370528/lite/. Retrieved on :01.01. 2021.

5. Goswami, D. (2017). Man accused of raping, killing 8-year-old lynched by mob.

Indiatoday.in. Retrieved on :31.01.2021. From:
http://indiatoday.intoday.in/story/jharkhand-man-accused-of-raping-girl-lynched
1/990795 html/.
6. Dutta, P. K. (2018, July 2). India Today. Retrieved on :31.01.2021. From:
https://www.indiatoday.in/indin’story/16-lynchitis-in-2-months-is-social-media-the-
new-serial-killer 1275182-2018-07-01.

7. Khairlanji Massacre: On 10yr anniversary of brutal attack on Dalits, Maratha agitation

gains momentum (2016). First Post. Retrieved from
http://www.firstpost.com/politics/khairlanji-massacre -on-10-yr-anniversary- of-
brutal-attack-on-dalits-maratha-agitation-gains-momentum- 3023870.html. Last
Visited on :28.01. 2021.
8. PTI (2017). Activist Zafar Khan lynched to death in Rajasthan’s Pratapgarh for
objecting photography of women defecating in open The Indian Express. Retrieved on
:30.01. 2021.From: http://indianexpress.com/article/dia/activist. zafar-khan-lynched-
to-death-in-rajasthan pratapgarh-for-objecting-photography-of-women-defecating-in-
open/.

Books
1. Christopher Waldrep, Lynching in America: History in documents, pg. 26 New
York University Press, 2006.

27
2. Swati Chaturvedi; I Am a Troll: Inside the Secret World of the BJP’s Digital Army
(New Delhi: Juggernaut, 2016).
3.The Indian Penal Code ,1860, Bare Act.
4.Lynch Files: The Forgotten Saga of Victims of Hate Crimes by Ziya Us Salam.
5. Battling for India: A Citizen’s Reader by Salim Yusufji.

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