Indian Journal of Law and Legal Research Volume IV Issue VI | ISSN: 2582-8878

MOB LYNCHING IN INDIA: IS THE GOVERNMENT DOING

ENOUGH?

Ishita Kohli, OP Jindal Global University, Sonipat

ABSTRACT

Mob lynching is when common people take the law into their own hands and
in an attempt to achieve their distorted version of justice, violate the basic
human rights of others by killing them and neglecting due process. It
constitutes a grand failure on part of the State which as a signatory of various
international conventions and treaties must prevent the violation thereof and
must further protect the fundamental rights guaranteed to its citizens under
its Constitution. Taking India as an example to succinctly explain this idea,
this paper will delve into various Indian cases of mob lynching that are
tainted with motives centred around religion, caste and gender. International
Humanitarian Laws and the violations thereof shall also be highlighted.
Further, pre-existing Indian legislation shall be analysed in an attempt to
answer the moot question of whether India is abiding by its international
obligations and if so, why have instances of mob lynching consistently
increased.

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Indian Journal of Law and Legal Research Volume IV Issue VI | ISSN: 2582-8878

1. INTRODUCTION
Human Rights can be referred to as inalienable rights that are vital for all human beings
irrespective of their race, religion, gender, nationality, caste etc.1 These are internationally
recognised amenities available to all human beings and find mention in various treaties,
covenants, conventions, and resolutions. The foundational stone of Indian legislation is the
Constitution. In an attempt to align itself with the international standard of Human Rights, the
Constitution incorporates principles of ethics, fairness, reasonableness and natural justice.2 It
aims at providing all individuals with certain basic rights without which survival would be
difficult. These include the right to life, freedom, religious, non-discrimination and equality
etc.3 However, these rights have been subjected to violation since the very inception of the
Indian state. This can be ascertained based on the consistent increase in communal tensions,
caste conflicts and gendered violence.4 These instances not only reveal to the world the
crumbling justice system of the Indian polity, but also breaks the trust of its residents. One such
example is Mob lynching which although existing since time immemorial on a global scale,
has increased substantially in India over the last 20 years.5

This paper shall go on to describe the origins mob lynching and highlight its prevalence in
India. It shall also identify international treaties, conventions and obligations in addition to the
Indian penal and constitutional provisions that this act violates. Finally, the paper will conclude
by elucidating how India is not doing enough to prevent mob lynching. It will also be
emphasized how the state must take steps to positively affect both constitutional morality and
popular sovereignty so that it meets its obligations both towards the world and its residents.

2. WHAT IS MOB LYNCHING?

“Lynch Laws” is a phrase coined by Charles and William Lynch during the American
Revolution while the term “linch” is recognized as its etymological source.6 ArFrench
sociologist, Rene’ Girard described mob lynching as a scapegoat violence act that consists of
three stages.7 Namely, stereotyping of a crisis, the nature of the accusation and finally, the

1
DR. SK KAPOOR, INTERNATIONAL LAW AND HUMAN RIGHTS 806 (19th ed. 2014).
2
Mr. Upendra Grewal & Dr. Shilpi Gupta, Lynching And Human Rights: An Analytical Study In Indian
Perspective, IV IJLLR 1, 1-9 https://www.ijllr.com/post/lynching-and-human-rights-an-analytical-study-in-
indian-perspective.
3
INDIA CONST. art. 14, 15, 16, 21, 25 & 26.
4
NATIONAL CRIME RECORDS BUREAU, CRIME IN INDIA (2022) https://ncrb.gov.in/en/node/3721.
5
Mohanty, Aryan Mohanty, All About Mob Lynching In India. LAW INSIDER, April 30, 2022,
https://www.lawinsider.in/columns/all-about-mob-lynching-in-india.
6
GUPTA, supra note 2.
7
RENE’ GIRARD, THE SCAPEGOAT (1986).

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Indian Journal of Law and Legal Research Volume IV Issue VI | ISSN: 2582-8878

choice of victim.8 Essentially, mob lynching is when a group of people, without any formal
power, act like a self-constituted court to pass judgement on the actions of an individual. It is
irrational, disproportionate, barbaric and unpredictable. Ranging from racist undertones to
gender biases, mob lynching is often driven by extremist sentiments that are left unaddressed
and subsequently implode upon innocent people who happen to face its brunt. Not only does it
undermine the principles of natural justice and rule of law, it questions the very existence of a
justice system and therefore, if not nipped in the bud, can very well lead to anarchy.

Described by the ex-CJI as “a horrendous act of mobocracy that is impermissible”, mob

lynching is internationally condemned and violates several conventions, treaties and general
principles of international humanitarian law.9 Violations include the violation of right to life,
to freedom, to religion, to non-discrimination and against torture amongst others. It also
contravenes the internationally recognised principle of ‘Ei incumbit probation qui dicit, non
qui negat’.10

3. MOB LYNCHING IN INDIA

Despite earnest efforts by the government as shall be discussed at a later stage, mob lynching
has subsisted in India. This section of the paper shall highlight different instances of mob
lynching in India motivated by various factors ranging from religion to sex.

3.1.RELIGION BEING THE DRIVING FORCE

a) Cow Vigilantism:
The Dadri lynching of 201511 is labelled as the first instance of cow vigilantism turning violent.
This incident caused a domino effect of mob lynching under the pretext of “gauraksha” or
protection of the cow. In Dadri, an unarmed Muslim named Mohammad Akhlaq was pulled
out of his home and beaten to death by a violent Hindu mob.

This was because news had been spread by a nearby Hindu temple that Akhlaq’s neighbour
had seen him slaughter a calf. Post this several poster reading “we will murder anyone who
slaughters a cow” were pasted across the city. Subsequently, in Jharkhand in 201612, two

8
Id.
9
Tahseen S. Poonawalla v. Union of India, (2018) 9 SCC 501.
10
Id.
11
Tanvi Yadav & Nagendra Ambedkar Sole, Mob Lynching In India: Sine Qua Non Of Legal Intervention, 4
ALPR (2019).
12
NL Team, Police weakened case against gau rakshaks: Report on Latehar lynching, NEWS LAUNDRY,
April 3, 2018, https://www.newslaundry.com/2018/04/03/police-weakened-case-gau-rakshaks-sahi-report-

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Indian Journal of Law and Legal Research Volume IV Issue VI | ISSN: 2582-8878

Muslim cattle traders, including one 12-year-old boy, were brutally beaten and hung from a
tree by a Hindu mob.

The following year in Haryana’s Nuh District13, a dairy farmer along with his six colleagues,
including his father was tortured by a mob of 200 gaurakshaks. Not only were the documents
shown by the farmer which proved his innocence neglected, but his father was beaten so
viciously that he succumbed to his injuries.

b) Palghar 202014
Probably one of the worst cases of lynching during the pandemic. Herein, two sadhus were
mistaken of having kidnapped and harvested organs of children due to a rumour spread via
WhatsApp. During their journey back home via the district of Palghar in Maharashtra, they
were stopped by a patrol. While the car was halted, a gang of Muslims and Christian
commissionaires began chasing and beating the sadhus. Once this came to the knowledge of
the police, the priests were allowed to sit inside the police van but no attempt was made to
prevent them from being lynched after being dragged out of it.

c) Bhiwandi 200615
In Maharashtra’s Thane district, two Hindu cops were killed by an angry mob of Muslims who
blamed them for the death of two Muslim inmates.

d) CAA and attack on Muslims16

Post the implementation of the CAA, regarded as a discriminatory legislation that grants
expedited citizenship to all major south Asian religions barring Islam, violent lynching
incidents were reported across the country. One example is in Delhi, angry Hindu mobs chanted
slogans of “Jai Sri Ram” and “maro sale mulle ko” whilst going on a lynching spree after the
Home Minister gave an inciting speech.

3.2. HONOUR KILLINGS, GENDER HEIRARCHY AND CASTE BASED VIOLENCE

latehar-lynching
ramgarh#:~:text=Twelve%2Dyear%2Dold%20Imtiaz%20Khan,in%20the%20state's%20Latehar%20district.
13
Suhasini Raj, Hindu Cow Vigilantes in Rajasthan, India, Beat Muslim to Death, THE NEW YORK TIMES,
April 5, 2017, https://www.nytimes.com/2017/04/05/world/asia/india-cow-mob-hindu-vigilantes.html.
14
Palghar Lynching: Maha govt warns against floating 'communal angle', says attackers and victims were of
'same religion, DNA INDIA, April 20, 2020, https://www.dnaindia.com/india/report-palghar-lynching-maha-
govt-warns-against-floating-communal-angle-says-attackers-and-victims-were-of-same-religion-2821742.
15
US DEPARTMENT OF STATE, INTERNATIONAL RELIGIOUS FREEDOM REPORT (2008)
https://2009-2017.state.gov/j/drl/rls/irf/2008/108500.html.
16
https://www.theguardian.com/world/2020/mar/01/india-delhi-after-hindu-mob-riot-religious-hatred-
nationalists

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Indian Journal of Law and Legal Research Volume IV Issue VI | ISSN: 2582-8878

Honour killing is the act of murdering individuals whom the perpetrators believe to have
maligned their families honour and dignity. Guided by religious, casteist and other social
stratifications, these killings are often gruesome in nature. More often than not, they involve
the murder of women at the hand of men who believe that they have been shamed by the actions
of the women.

Popular cases of honour killing guided by casteist and misogynistic motives include the Manoj
Babli17 case. Herein, Manoj and Babli belonged to different castes and decided to elope. Post
being found by their family members and presented before the khap panchayat – a caste-based
council among Jats, the couple was sentenced to death for disobeying societal norms. They
were subsequently abducted by a group of relatives and brutally murdered.

Whilst the court convicted the perpetrators with the harshest penalty, the road to justice was
long. Indeed, no lawyer was willing to take the victims case and several key witnesses turned
hostile during the trial. This was the first case wherein death sentence was given for honour
killing and brings to light to true power of caste-based discrimination and the negligence of the
state in preventing it. Additionally, in the Udumalai Sankar case18, Sankar a third-year
engineering student and husband of Kausalya, was brutally attacked by a mob using sickles
and machetes and passed away. The motive behind this killing was the fact that Sankar was a
Dalit and Kausalya was an upper caste girl.

Popular cases of feminicide include, a prominent incident that took place in a rural area 30 kms
from Ranchi in 2015.19 In this case 5 women were dragged out of their huts by a mob and
beaten to death over a ridiculous claim that the women had practiced witchcraft to kill a young
boy.

4. ATTEMPTS MADE BY INDIA TO PREVENT MOB LYNCHING

4.1.LEGISLATIVE ACTION
Based on the principles on natural justice (hereon ‘PNJ’) such as Audi Alteram Partum, Self-
Incrimination Doctrine, Ex-post facto laws and Double Jeopardy, the Indian Constitution

17
Manoj-Babli Honour killing case: This mother challenged dreaded khap; here are chilling details, DAINIK
BHASKAR, November 25, 2014, https://www.bhaskar.com/national/.
18
Sankar caste killing case: Gowsalya's father Chinnasamy acquitted by Madras HC, THE NEWS MINUTE,
June 22, 2020 https://www.thenewsminute.com/article/sankar-caste-killing-case-gowsalya-kowsalya-father-
chinnasamy-acquitted-madras-hc-127064.
19
Five women accused of witchcraft lynched by India mob, AL JAZEERA, August 8, 2015
https://www.aljazeera.com/news/2015/8/8/five-women-accused-of-witchcraft-lynched-by-india-mob.

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guarantees the right to equality, to life, to freedom of expression and religion and places a
negative obligation on the Central government to ensure that these rights are upheld.20 Further,
it also mandates that there shall be no discrimination on the groups of religion, race, caste, sex
or place of birth against any citizen.21 Lynching not only violates PNJ, but also disregards basic
fundamental rights of individuals as bestowed upon them by the Constitution. In response to
the Grundnorm as prescribed in the Constitution, the Indian Penal Code (hereon ‘IPC’), as well
as, certain specific statutes have tried to address the issue of mob-lynching, although primary
in a broad and generalised manner.

a) IPC
There are various hate crime laws in India, these include murder defined under section 30222
of the IPC, inflicting harm under section 32423, attempted murder under 30724, rioting as per
14725. Common intention and liability arising thereof is elucidated under Section 3426 and
Section 14127 qualifies unlawful assemblies. While Section 14628 defines what constitutes a
“riot”, Section 147 enlists the penalty.29 Section 299 and 301 further refer to the crime of killing
individuals to bring honour to the family. Additionally, penal provisions exist against acts that
are prejudicial to the maintenance of national integration30 and to the maintenance of
harmony31, acts that promote enmity between groups32, outrage or hurt religious feelings33.
Furthermore, Section 223 of the procedural code mentions the process to be followed while
charging individuals jointly for the same offence.34

b) NEED FOR SPECIFIC STATUTES

General provisions of the IPC are inadequate to deal with the complex issue of mob lynching.
Indeed, there is a distinct difference between a murder carried out based on personal grudge or

20
INDIA CONST. art. 14, 21, 25 & 26.
21
Id. at art. 16.
22
The Indian Penal Code, 1860, § 302, No. 45, Acts of Parliament, 1860 (India).
23
Id. at S.324.
24
Id. at S.307.
25
Id. at S.147.
26
Id. at S.34.
27
Id. at S.141.
28
Id. at S.146.
29
Id. at S.147.
30
Id. at S. 153B.
31
Id. at S.153A.
32
Id.
33
Id. at S.295A & 295B.
34
The Code Of Criminal Procedure, 1973, § 233, No. 2, Acts of Parliament, 1974 (India).

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vendetta vis-a-vis a murder carried out in furtherance of a common objective or goal that has
casteist, religious or gendered colour.

The Law Commission whilst recognising this fact has tried in its Criminal Law Bill
Amendment Bill 201735, to introduce new provisions such as Section 135C of the IPC36 which
proposed to ban even the incitement of hatred.

The Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act, 2015 which places
strict punishment on the perpetrators of violence against these communities is perhaps the sole
hate crime statute in the Indian legal system37.

Indeed, no such legislation exists to safeguard the rights of other minorities based on religion,
sex, gender and so on. Hence, hate crimes against these individuals do not get adequately
recorded and one is forced to place reliance on newspaper articles and individual scholarly
works to accumulate data that represents the true picture of basic human rights violations taking
place.38

c) STATES TAKE INITIATIVE

Various states including Manipur, Rajasthan and West Bengal have, of late, enacted anti-
lynching laws wherein the Nodal officer is held in charge of controlling such hate crimes.39
The legislations also lay down relief and rehabilitation in cases of displacement or demise of
victim and mention Section 153 A of the IPC (discussed above) as the punish for these crimes.40

One can infer that while the state is trying its best to improve its laws, they are still inadequate.
Additionally, it is common parlance that governments are better at making laws than
implementing them. The same can be said about meagre anti-mob lynching legislation and its
corresponding implementation.

4.2. JUDICIAL INTERVENTION

The Indian judiciary has also attempted to address mob-lynching. In Tehseen Poonawala v

35
The Criminal Law Bill Amendment Bill, 2017, No. 233, Acts of Parliament, 2017 (India).
36
The Indian Penal Code, 1860, § 153, No. 45, Acts of Parliament, 1860 (India).
37
The Scheduled Caste and Scheduled Tribe Prevention of Atrocities Act, 2015, No. 1, Acts of Parliament,
2015 (India).
38
Id.
39
Pankaj Mishra, The Gujarat massacre: New India's blood rite, THE GUARDIAN (2012),
https://www.theguardian.com/.
40
Ashish Pathak, Mob Lynching In India: A Critical Analysis Of Law And Policy, 7 APLPR (2021).

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UOI41, the hon’ble Supreme Court laid down conditions that both the centre and state
governments would have to abide by while making laws about mob lynching.
In Stephen v DU42, the Court stressed the importance of preserving cohesiveness and unity by
being accommodative towards pluralistic points of view. The context was an urgent need to
stop lynching on grounds of cow vigilantism and urge the Parliament to make laws in this
regard.

In Krishnamoorthy v Sivakumar and Others43, it was opined that taking law in one’s hand
based on the “fancy of shallow spirit” is unacceptable and that law, being the mightiest
sovereign in a civilized society cannot be superseded.

In Nandini Sundar and Ors. v State of Chhattisgarh44, states were urged to encourage fraternity
amongst all so that the self-respect of all was safeguarded. In Arumugan Servai v State of TN45,
states were directed to take stringent steps against those officials who despite prior knowledge
of a lynching, failed to or chose to ignore it.

5. INTERNATIONAL LAW VIOLATIONS

The International Bill of Human Rights as coined by the UNGA Resolution 217 (III) consists
of three prominent documents.46 These are the Universal Declaration of Human Rights (hereon
‘UDHR’), the International Covenant on Civil and Political Rights (hereon ‘ICCPR’) and
finally the International Covenant on Economic, Social and Cultural Rights (hereon
‘ICESCR’). India has ratified all of the above and therefore must keep in mind its international
obligations while disseminating justice.47

This section of the paper will highlight the various international humanitarian law violations
that mob-lynching incurs.

5.1. UDHR
Under the UDHR, Article 148 guarantees the right to dignity and brotherhood, Article 249

41
(2018) 9 SCC 501.
42
AIR 1992 SC 1630.
43
AIR 2015 SC 1921.
44
WRIT PETITION (CIVIL) NO. 250 OF 2007.
45
2011 (6) SCC 405.
46
G.A. Res. at 217 (III) (Dec.10, 1948).
47
Id.
48
Art. 1 G.A. Res. 217 (III) A, Universal Declaration of Human Rights (Dec.
10, 1948).
49
Id. at Art. 2.

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accounts for freedom without discrimination, Article 550 states that no individual shall be
subjected to inhumane treatment or torture, Article 351 enshrines the right to life, Article 752
provides for the right to equality before the law, non-discrimination and protection from
incitement of this type of discrimination.
Since India has signed and ratified the UDHR, it is bound by the human rights standards
enlisted therein. The same was held in Chandrima Das53. Herein, it was opined that Part III of
the Constitution imbibed the basic rights mentioned in the UDHR and that ought to be upheld.
Despite this, mob lynching such the Palghar case54 is on a continuing rise in India, with each
instance having a more story than the other.55

5.2. ICCPR and CEWAD

Under the ICCPR, Article 20(2)56 stipulates that “the advocacy of national, racial or religious
hatred constitutes incitement to discrimination or violence and is prohibited by law.” Article
757 safeguards “all individuals from torture and inhumanity”; and Article 1858 upholds “the
right to freedom of religion”. Article 259 provides for the freedom of conscience and religious
belief, and Article 1460 mentions equality before the law, while Article 2661 guarantees equal
protection from the law. Further, Article 2762 upholds the right to culture, religious practice
and language.

Taking the lynching conducted by self-proclaimed cow vigilantes as an example, one can trace
the blame back to the State owed to the fact that 24 out of 29 states have cow legislation.63
These statutes banning the slaughter and export of cows stand in stark contrast with the
“secular” nature the Constitution claims to have. These legislations stand in direct violation of

50
Id. at Art. 5.
51
Id. at Art. 3.
52
Id. at Art. 7.
53
The Chairman Railway Board v Mrs Chandrima Das and Ors, (2000) 2 SCC 465.
54
supra note 14.
55
Srishti Patwali, Mob Lynching: A Rising Threat to the society, IJLMH (2022).
56
United Nations (General Assembly). 1966. “International Covenant on Civil and Political Rights.” Treaty
Series 999 (December): 171 , Art.20(2).
57
Id. at Art. 7.
58
Id. at Art. 18.
59
Id. at Art. 2.
60
Id. at Art. 14.
61
Id. at Art. 26.
62
Id. at Art. 27.
63
Mayank Jain, Ban on cow slaughter in 24 Indian states is leading to dead humans on the border, SCROLL,
November 11, 2014 https://scroll.in/article/689155/ban-on-cow-slaughter-in-24-indian-states-is-leading-to-dead-
humans-on-the-border.

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Articles 2 and 27 of the ICCPR. Further, laws such as the love jihad legislation in U.P.64 that
have led to incidents of lynching also violate Article 265 of the ICCPR. Such legislations have
a discriminatory undertone towards women wherein they give off the impression of assuming
that women cannot make choices for themselves and need safeguarding.

Herein, MacKinnon’s argument that the law is inherently paternalistic and cannot be relied
upon to achieve gender equality also finds justification.66 This sort of romantic paternalism
undermines the basic human right of women to be treated equally. Additionally, Honour
killings, qualify as discrimination against women as per Article 167 of the Convention on the
Elimination of All Forms of Discrimination against Women (hereon ‘CEWAD’) and violate
Article 268. They are also in contravention of Articles 6, 14 and 26 of the ICCPR69.

5.3.ICESCR and UNGA

Article 270 of ICESCR prohibits religious incitement or discrimination and violence. Article
671 recognizes the right to work, “which includes the right of everyone to the opportunity to
gain his living by work which he freely chooses or accepts and that governments are obligated
to take steps to safeguard this right”.

The UN Committee on Economic, Social and Cultural Rights elaborates on this expressing that
the State must avoid making legislation or taking steps that would lead to discrimination and
unequal treatment of minority groups as part of its core obligation.72 The Declaration on
Elimination of All forms of Intolerance and Discrimination Based on Religion or Belief,
proclaimed by the UNGA in the 1980s enlists guidelines for all member states to follow as a
means to prevent religious intolerance.73 The case of the Haryana dairy farmer, in addition to
most cases of cow vigilantism-driven mob lynching directly violates this international
standard.74

64
Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020, Nov 27, 2020
65
supra note 56, at Art 2.
66
CATHORINE MACKINNON, ARE WOMEN HUMAN? 41-43, (2007).
67
United Nations Convention on the Elimination of All Forms of Discrimination against Women, Dec. 18, 1979
Art 1.
68
Id. at Art 2.
69
supra note 56, at Art. 6, 14 & 26.
70
United Nations International Covenant on Economic, Social and Cultural Rights, Dec.16, 1966 Art. 2.
71
Id. at Art. 6.
72
UN Committee on Economic, Social and Cultural Rights It is General Comment No. 18 on the Right to Work,
73
UN General Assembly, Elimination of all forms of religious intolerance : resolution adopted by the General
Assembly, 7 Dec. 7, 1987,
74
supra note 13.

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The CAA and the home ministers' instigator speech containing slogans such as “desh ke
gaddaron ko, goli maaro saalon ko” which led to lynchings in Delhi is another prime example
of this.75 In another instance, the United States Commission on International Religious
Freedom (hereon the ‘UNCIRF’) issued a statement against the lynching of Ansari, a Muslim
man.76 The statement urged the Indian Government to take steps to prevent such violence in
the future and also stressed the need to increase accountability of the perpetrators of such
violent acts.

Further, India was also mentioned as a Tier 2 country owed to the rising cases of religious hate
crimes that made it qualify for the ‘countries of particular concern’ standard as per the
International Freedom Act.77

5.4.UNCAT
Mob Lynching is also violative of the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment78 and in most instances such as the famous Palghar
case constitutes “torture” as defined under Article 1. This provision stipulates that torture is
the act of inflicting severe pain or suffering for a motivating purpose in the acquiescence of a
public official.79 Further, Article 1680 directs states to prevent even activities that do not
constitute torture as per Article 181 but were successful due to the acquiescence of public
officials.82 However, while India is a signatory to this convention, it has not ratified it.
Therefore, victims cannot approach the international justice system on groups of violation
under this convention.

6. RECOMMENDATIONS
a) The introduction of new sections in the IPC that deal specifically with mob lynching
such as Attempt to commit Mob lynching, Causing death by Mob lynching and
Punishment for Mob lynching.83
b) Stricter regulations for social media and the dispensation of fake news on the platform.

75
supra note 16.
76
USCIRF Statement on Mob Lynching of Muslim Man in India June 26, 2019
77
The International Freedom Act, 1998.
78
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Art. 1
79
S. Chesterman, Why Not Torture? December 17, 2014.
80
United Nations Convention Against Torture, Dec 10, 1984 Art. 16.
81
Id. at Art 1.
82
United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Dec. 10, 1984, Art. 16.
83
Tamanna Chandan, Mob Lynching in India, 15 SUPREMO AMICUS 374 (2020).

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c) Comprehensive legislation concerning all hate crimes.84

d) Educating and sensitizing individuals from grassroot level both through the formal
education system as well as informal campaigns such as “Not in my Name”85 and
government run initiatives such as ‘Ek Bharat Shresht Bharat’86.

7. CONCLUSION
This paper delved into various cases of mob lynching in India that are tainted with motives
centred around religion, caste and gender. Further, pre-existing Indian legislations and
jurisprudence were analysed in an attempt to understand whether India is abiding by its laws.
International Humanitarian Laws and the violations thereof were also expounded in an attempt
to highlight the shortcoming of India in fulfilling the same. To answer the moot question of
whether India is abiding by its international obligations, it can be concluded that formally
speaking yes to a certain extent. However, it is not nearly enough, and India has a long way to
go to put a permanent stop to mob lynching.

“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.”

- Martin Luther King, Jr.

84
Id.
85
AP, What is ‘Not in My Name’ all about? July 1, 2017, https://www.thehindu.com/news/national/what-is-not-
in-my-name-all-about/article19194499.ece.
86
Ek Bharat Shresht Bharat, (2016) https://ekbharat.gov.in/.

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