“RIGHT TO BE PUNISHED- AN ANALYSIS OF MOB- LYNCHING”

DISSERTATION SUBMITTED TO AMITY UNIVERSITY

MAHARASHTRA AS A PARTIAL FULFILMENT FOR THE
AWARD OF THE DEGREE OF

MASTER OF LAWS
(LL.M.)

Submitted By

Ms. ROMISHA JAIN

Registration Number: - A70601820041

Under the Supervision and Guidance of

(Designation of the Supervisor)

ISBM UNIVERSITY

I
 COMPLIANCE STATEMENT

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University commencing proceedings against me for potential student misconduct

under Part V of the said regulation;

(3) this dissertation work is substantially my own, and to the extent that any part of

this work is not my own I have indicated that it is not my own by Acknowledging the

Source of that part or those parts of the Work.

Plagiarism content detected:

(Report Enclosed)

Name of the Student: Ms. ROMISHA JAIN

Date: /06/2021 Signature

II
 DECLARATION

I, Ms. ROMISHA JAIN, a student of LL.M. of Amity Law School, Amity

University Maharashtra, with the roll number: A70601820041, do hereby declare that

this dissertation is an original work of mine and is a result of my own intellectual

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This dissertation has not been submitted elsewhere for the award of any other

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Date: /06/2021

Place: Amity University Maharashtra Ms. ROMISHA JAIN

III
 ACKNOWLEDGEMENT

I would like to thank my parents who have constantly supported me in all my endeavors
and without whom pursuing Masters in Law would not have been possible. They are my
constant guide and inspiration at every stage of my life. This work would have never
been possible without them. Also, I would like to give my gratitude towards my friends
who have motivated to complete my study.

I would like to extend my humblest gratitude towards my guide Dr. Khushal Vibhute,
for his patient guidance, encouragement and advice he has provided throughout this
dissertation. He has responded to my queries and has been an incessant support in helping
me complete my dissertation on time and has worked actively to provide me with
academic knowledge.

Lastly, I would like to extend my gratitude towards the entire faculty of Amity School of
Law, Mumbai.

Date: /06/2021
Place: Amity University Maharashtra Ms. ROMISHA JAIN

IV
 CERTIFICATE

This is to certify that this dissertation entitled “RIGHT TO BE PUNISHED – AN

ANALYSIS OF MOB-LYNCHING” submitted by Ms. ROMISHA JAIN as a

partial fulfillment for the award of the degree of Masters of Laws (LL.M.) is the

record of bonafied research carried out by her under my guidance and supervision.

The dissertation is worthy of consideration as a partial fulfillment of the LL.M.

Degree of Amity University Maharashtra.

Ms. ROMISHA JAIN has worked under my supervision and to my knowledge, has

fulfilled all the requirements for the submission of this dissertation.

Date: /06/2021

Place: Amity University Maharashtra

DR. KHUSHAL VIBHUTE

V
 PREFACE

RIGHT TO BE PUNISHED – AN ANALYSIS OF MOB- LYNCHING

Lynching is an extra-judicial killing by a group. The psychology of a mob is interesting.

It is most often used to characterize informal public executions by a mob in order to
punish an alleged transgressor, punish a convicted transgressor or intimidate. It can also
be an extreme form of informal group social control and it is often conducted with the
display of a public spectacle for maximum intimidation. It can be found in almost every
society. People in a mob will act and react much differently than they will at other times.
Law- abiding citizens can quickly turn angry and violent, committing atrocities as they
express their displeasure in not finding answers.
This Research Article Analyses on hate- inspired violence against minorities in India –
these crimes variously called lynching’s, vigilante violence, murders - of which there has
been a spate in recent times. An overwhelming majority of these attacks have been
against Muslims, although Dalits too are targeted often. Together, those people are
capable of doing anything, of committing the most heinous crimes. In this era of the
vocal media and human rights activism, the law enforcement agencies often get criticized
for indulging in human rights violation when dealing with the crowd. Controlling a crowd
is indeed a gigantic task, which becomes even more complex in a country like India,
where the mob may comprise of various groups based on religion, caste, class, region,
profession, etc.

Date: /06/2021
Place: Amity University Maharashtra MR. ROMISHA JAIN

VI
 ABBREVIATIONS

1) Eg- Example

2) Etc.- Et cetara

3) Art.- Article

4) Sec.- Section

5) IPC- Indian Penal Code

6) Cr. P. C.- Code of Criminal Procedure

7) AIR- All India Reporter

8) SCC- Supreme Court Cases

9) Cr. L. J.- Criminal Law Journal

10) SC- Supreme Court

11) HC- High Court

12) i. e.- That is

13) U.O.I.- Union of India

14) Rs. - Rupees

15) Yrs.- Years

16) U.P.- Uttar Pradesh

17) u/s.- Under Section

VII
18) v or v/s- Versus

19) SC/ST – Scheduled Caste and Scheduled Tribe

20) DM – District Magistrate

21) BJP- Bhartiya Janata Party

22) United Nations Human Rights Commission (UNHRC)

23) Center of African Development and Progress (CDAP)

24) ICCPR and the International Economic, Social, and Cultural Rights

VIII
 TABLE OF CASES

Sr. No Case Law

1. Khairlanji Massacre 2006
2. Dimapur Lynching 2015
3. Dadri Lynching 2015
4. Chatra District Lynching 2016
5. Alwar, Rajasthan Lynching 2017
6. Jharkhand Lynching 2017
7. Delhi Lynching 2017
8. Pratapgarh, Rajasthan Lynching 2017
9. Haryana Lynching 2017
10. Srinagar, Jammu and Kashmir Lynching 2017
11 Jalwe, Jharkhand Lynching 2017
12 Thoubal, Manipur Lynching 2017
13 Corporation and Ors. Vs State of Kerala and Ors. 344 (01.09.2016 - Sc)
14 The Wandhama massacre on 25 January 1998
15 Mohammed Akhlaq’s lynching
16 Junaid Khan’s lynching
17 D.S.P. Ayub Pandith’s lynching
18 Ravinder lynching 2017
19 Afrazul lynching, 2017
20 Rajesh lynching, 2017
21 Protection from Lynching Act, 2017
22 Manipur Protection from Mob Violence Act, 2018
23 West Bengal Prevention of Lynching, 2019
24 The Rajasthan Assembly Bill on Mob Lynching
25 Shakti Vahini v. Union of India, 2018

IX
 TABLE OF STATUTES

1) Indian Penal Code, 1860

2) Code of Criminal Procedure, 1973

3) Legal Services Authorities Act, 1987

4) Constitution of India

5) Civil Rights Act

6) Protection of Children from Sexual Offence Act (POCSO Law), 2012

7) (Prevention of Atrocities), 1989

8) Evidence Act

9) Special Marriage Act

X
 TABLE OF CONTENTS

PARTICULARS PAGE
NUMBER
Title Page I

Compliance Statement II

Declaration III

Acknowledgement IV

Certificate V

Preface VI

Abbreviations VII-VIII

Table of Cases IX

Table of Statutes X

Table of Contents XI-XIV

CHAPTER 1- INTRODUCTION 1-20

1.1 Mob Lynching 1-7

1.2 Definitions of Mob Violence, Punishment and other Important Terms 7-13

1.3 Scope of study 13

1.4 Area of Study 14

1.5 Review of existing literature and the Research Methodology use in the 14-19
present work
19
1.6 Objectives of the Research
19-20
1.7 Research Methodology
20
1.8 Research Questions
20
1.9 Chapterization

CHAPTER 2- HISTORICAL BACKGROUND 21-54

2.1 Introduction 21-23

2.2 History of Mob Lynching Around World 23-34

XI
 34-37
2.3 History of Mob Lynching in India
37-44
2.4 Communal Lynchings: A New Form of Hate Crime
44-47
2.5 Mob Justice
47
2.6 Origin & Development of Lynching
47-51
2.7 Rise of Mob Lynching in India
52-54
2.8 Cases Related to Mob Lynching in India

CHAPTER 3- LAWS ON MOB LYNCHING 55-95

3.1 Introduction 55-58

3.2 Incidents of Massacre and Mob Lynching In India 58-59

3.3 Incidents of Mob Lynching 59-65

3.4 Critical Analysis of Masuka Draft 65-70

3.5 Reasons for Mob Lynching 70-74

3.5.1 Cow Vigilante Religious Vendetta 70-71

3.5.2 Suspicion of Child Lifters and Social Media Rumors 71-72

3.5.3 Role of social media 72-73

3.5.4 Lynching of person belonging to a minority group 73-74

3.6 Laws Applicable 74-76

3.6.1 Constitution of India 75

3.6.2 Indian Penal Code (IPC) 75

3.6.3 Criminal Procedure Code (CRPC) 76

3.7 Need for Law on Lynching 76-79

3.8 International Overview 79-82

3.9 State laws 82-88

3.9.1 The Rajasthan Assembly Bill on Mob Lynching 82-85

3.9.2 Manipur Protection from Mob Violence Act, 2018 85-87

XII
3.9.3 West Bengal Prevention of Lynching, 2019 87-88

3.10 Recommendations 88-93

3.11 Preventive Measures 93-94

3.12 Remedial Measures 94-95

CHAPTER 4- MOB PSYCHOLOGY 96-128

4.1 Mob Psychology and Crowd Control 96

4.2 Theories of Mob Psychology 96-100

4.3 Crowd Control – Observation, Communication of Interest and

Intent, Channelization, Diversion, Cooperation, Proclamation of 101-110
Dispersal Orders, Apprehension of Crowd Members, Use of Barriers,
Employment of water, Riot control agents, Photography, Public
Reaction and Mob Reaction, Psychology of Mob
110-111
4.4 Increasing Sense of Impunity

4.5 Mob Lynching: Reflection of State’s Failure 111-112

4.6 Honor Killing 112-118

4.7 The Indian Majority Act, 1875 118

4.8 The Scheduled Castes and Scheduled Tribes (Prevention of 118

Atrocities Act, 1989

4.9 The Protection of Women from Domestic Violence Act, 2005 119

4.10 Indian Evidence Act, 1872 119

4.11 The Special Marriage Act of 1954 119-122

4.12 Landmark Cases and Judgement 123-128

CHAPTER 5- JUDICIAL APPROACH 129-162

5.1 Legislative & Judicial Steps to Curb Hate Speech and Mob Lynching
129-130
5.2 Supreme Court on Mob Lynching
130-132
5.3 Punishments for Lynching
132-133
5.4 Important Judgments
134-136
5.5 Case Studies on Mob Lynching 136-146

XIII
 5.6 Mob Lynching and Role of Politics 146-150

5.7 Mob Lynching: Loopholes in the law 150-155

5.8 Guidelines to Curb Lynching Violence 156-162

CHAPTER 6- CONCLUSION AND SUGGESTIONS

Concluding observation after seeing forth trends offers Generalizations,
163-171
Conclusions and Inferences, arising out of the Study. It also embodies the
findings of the Study and Contains certain Suggestions.

Bibliography 172-177

XIV
 CHAPTER – 1
INTRODUCTION

1.1 MOB - LYNCHING

Lynching is a group's deliberate extrajudicial murder. It is most common for informal

government killings by a mob to punish or threaten a suspected transgressor. It is an
extreme type of informal social control groups such as charivari, skimmington, traveling
along the railways, tarring and feathering, and typically performed for maximum
intimidation with public performances. It is a terrorist act that is punishable by law. Every
society is characterized by lynching instances and related mob violence.

The word "Mob" signifies the unchecked or unchecked crowd. Lynching can be
considered a Latin American word, meaning that the death penalty is awarded without
legal action. That is, if an uncontrolled crowd kills or otherwise killed an accused person,
then Mob Lynching is called. Many such occurrences have occurred in India during
recent years, in particular, in Rajasthan, West Uttar Pradesh, Madhya Pradesh and Bihar,
among others.
Lynchings were mostly conducted in Southern countries and in Western borders before
and after the US Civil War and most often in late 19th century. Lynchings were carried
out both in the U.S. It was carried out as a method of punishment for alleged criminal acts
without the due process of legislation by self-appointed committees, mobs or guards.
During the first known lynching, at St. Louis in 1835, a Black man named Mcintosh was
kidnapped, shackled on a tree and burned to death at the edge of a mob of nearly 1,000 in
the center of town, killed by a deputy Sheriff while being imprisoned.

A number of race disturbances broke out between the white and black sailors in Britain in
numerous towns in 1919. His companions in Liverpool raided the pub for retribution
following a black sailor snapped by two whites at a pub. The police ransacked the
residences of black occupants with a 'enraged lynch mob.' In retaliation, Carlos Wootton
was chased into the Mersey River and drowned after he had been hit by rockets throwing
by the mob and chanting "Let him drown!" (Leave him drown!) The name was given in
his remembrance to Charles Wootton College, Liverpool. 1

1
Oliver, W. 1989. Black Males and Social Problem: Prevention through Afrocentric Socialization.
1
Journal of Black Studies, 15-39.

2
Mob Lynching, despite a new Indian lexicon, has existed across the world for millennia
from time to time. In many of the countries of world, in particular in Mexico, Guatemala,
Europe, South Africa, Israel, Afghanistan, etc., Lynch Law, which was claimed to have
been introduced by Charles Lynch in the American Village in Lynchburg (Virginia), was
the focus of discussions from time to time. However, it was always regarded as a major
opponent of society and tried from time to time to be controlled by society. Mob lynching
can be regarded as based on black white and nationality problems in certain countries.
However, the mob lynching in India was on different problems, viewed from their own
standpoint by the political parties of the country and used by them to gain their own
personal political reasons, whether on the street and in parliament.

Highlight of this unique debate was the large-scale death of so-called livestock killer by
the crowd of so-called cow guards popularly termed ' Gau-Rakshak' by the huge episodes
of Mob Lynching. But in Bihar, Jharkhand, a woman was declared to be a witch who
died by severely beating her, and in several states, she was beating the accused of love
jihad by the crowd. No person or group of people is entitled to take law into their own
hands for whatever cause. The king in the monarchy system and the courts have been
responsible for punishing a criminal, also after the persons have been convicted. Where a
person or group of individuals is permitted to punish a person, who is or seems to be an
accused without giving the accused the opportunity to be heard, it is a social anarchy
which, where permitted, each person will consider himself a judge and not only causes a
social disorder, but also hinders the law and order, which is not in the interests or
interests of the person. That is why, for example, the Tahsin case, after filing a FIR in
accordance with Section 153B, and other relevant Indian Penal Code Sections, the
Supreme Court issued a quick and stern guidance against the people, the group or groups
who participated in mob lynching.

The English sentence of "Mob Lynching" remained a subject of discussion and the
subject of debate from the way to the Parliament, from the Panchayat to the courts,
including the Supreme Court, was such that in the case of Tahseen S. Poonawalla, on one
hand the General Guidelines for the Police Administration of the whole country were
issued interim order/direction. The Indian Government, on the other hand, had to provide
the entire country its advice on the state and union territories. The Supreme Court will
still have the next hearing of the subject, however, and until the Court renders a definitive

3
judgment on

4
this topic it will not be proper to comment or to conclude the subject. Yet Mob
Lynching's gravity is terrible and so cruel to society that what can be done to control it
must be done. This thought is the product of and should be embraced of the recent
guidelines of the Supreme Court. 2

A mob of Rajasthan so-called Gau-Rakshaks kill two dairy entrepreneurs, Rakbar Khan
in July 2018 and Pahlu Khan in April 2017, alleging that they are animal traffickers and
they sell cow flesh through the death of cows. Similar cases took place in Bhopal Madhya
Pradesh in May 2018 and in Uttar Pradesh on 28 September 2015 and in Latehar in
Jharkhand on 18 March 2016. However, on 5 March 2015 the incidence of the mass
lynching took occurred at Dimapur, Nagaland shows a different view of the mob.
Thousands were attacked in this incident by the Dimapur Central Jail, killing Farid Khan
(intruders in Bangladesh), a prisoner on trial. He has been accused of being a rapist and a
threat to society. And in Jharkhand there was a mob attacking a woman and murdering
her in the knowing that she was a woman with this understanding. Mob Lynching's
instances are, without a doubt, fatal and should be handled by the right law at all costs.
However, it should be proclaimed a criminal to see the issue of mob lynching from the
Hindi Muslim point of view by political parties is more deadly and harmful than mob
lynching. All crimes are crimes and they are not Hindu or Islamic crimes. Crimes are not.
With regard to the outstanding matter of the Supreme Court, this is not a case based on
any Mob Lynching episode. However, it's a litigation of public interest. The request was
presented by Judge Deepak Mishra and Dr A.M. Khanvilkar and Dr D.V. Chandrachud
before the plenary bench under Article 32 of the Constitution. This petition is about the
violence committed in Gujarat, Maharashtra, Karnataka and other countries by the so-
called Gau Rakshaks, and the killing of the cow smuggler by this mob known as the
"mob lynching." The government was urged to give the appropriate guidelines in order to
monitor this and to take the required action. At the same time, the Challenges against
Article 12 of the Gujarat Animal Protection Act, 1954; the Challenges against Article 13
of the Maharashtra Animal Protection Act; and the 1964 Karnataka Govadh Prevention
and Protection Act, Section 15, were challenged in supporting incidents of mass lynching
as unconstitutional.

2
Internet Desk. The Dadri lynching: How events unfolded. The Hindu,2015.
http:/www.thehindu.com/specials/in-depth/the-dadri-lynching-how-events-unfolded/
5
article7719414.ece

6
While giving guidance, the entire bench made use of various supportive precedents and
stated that the conditions that have formed must be fully curtailed or stopped
immediately. The States have the obligation to ensure that no private individual or core
group can accept the law. Anyone has the right to provide this information to the
authorities in case of a violation of the law. Everyone registered in connection with any
crime reserves the right, under constitution and statute law, to conduct proper and prompt
investigations and proceedings. On the basis of evidence provided in the trial and the
applicable legal principles only after that the accused will become guilty or innocent. On
the roadways there can be no investigation, trial or penalty. Only the appropriate judicial
system should do this. Nobody has the right to be a legal guardian. The State is
responsible for stopping the undesirable incidence and crime. It is the common obligation
of the central government and the state governments, via their agency and management,
to avoid community violence in any section of the state. If the official fails to uphold the
law or order, legal proceedings must be filed against him.

The bench also re-communicated the fact that lynching signifies a person who has no
legal reasons and is in breach of the rule of law and also of the ideals of the Constitution,
being sentenced to a death penalty. This current governance structure can neither enable
uncontrolled mob lynching nor enable barbaric violence in the abetment they make and
cannot even permit harmful impacts of mob lynching. The government should curb Mob
Vigilantism and mob violence by taking severe measures. Every person is entitled to the
protection of the law in the country and the law has never given any citizen the capacity
to become legislation by themselves. In this respect, there is no question that the lynching
conduct is criminal.

After discussing those observations and communications on violence or mob lynching,

there is no further need for further discussion by the Supreme Court and there is no other
way than to follow the Supreme Court's instructions or recommendations to regulate
them. This is why the Central Government itself also brought this matter to the Supreme
Court and in its interim decision, the whole bench decided on a number of actions, the
key ones being:

1. State government shall designate as a nodal officer in every district a senior police
officer who is not under the rank of a Police Superintendent. The Nodal Officer is aided
in taking action to prevent violence and the mob lynching of the district with the aid

7
of a police

8
officer in the rank of Deputy Police Superintendent. They will be a special task force to
create an intelligence report on persons who commit such crimes or who have to
propagate fake reports or hate speeches or provocative utterances.3

2. Every police officer shall have an obligation, by utilizing his powers provided for in
Section 129 of the Code of Criminal Procedures, to disperse a mob which he believes
tending to have violence or lynching.

3. All media platforms, including radio and official television, should be disseminated by
the central government and state governments to indicate that all forms of mob lynching
and mob violence are prohibited by law and are likely to lead to heavy punishment or
punition.

4. Central government and State governments would have the need to adopt adequate
action in preventing or eliminating such irresponsible and explosive messages, videos and
other materials, which may be exploited for any kind of mob violence or mob lynching
on numerous social media platforms.

5. The initial information reports of those persons should be registered under section
153A of Indian Penal Code or any other applicable legal laws that transmit such reckless
and explosive messages and films on social platforms that instigate violence or lynching
by the mob.

6. The State Government should draw up a compensation scheme for victims of

Lynching/Mob Violence within a month from the date of this decision and such
compensation should be made available to the victim or family members within a period
of 1 month from that event, as set out in Section 357A of the Criminal Procedure Code.

7. Fast-Track Courts of the district shall take account of situations of lynching and
violence. Such courts shall conduct the trial on a daily basis and conclude the proceedings
within six months after the first knowledge. In pending instances, this will also apply.
The State

3
Manob Chowdhury. Cow Vigilantism: Families contest Jharkhand Government ’s claims on
Latehar Lynching, 2016. Scroll.in. https://scroll.in/article/ 805548/Latehar-Lynchings-good- step-
9
to- stop-cow-slaughter

10
Government and the Nodal Officer shall have a responsibility to ensure that the
prosecution plays or does not play its role effectively in the proceedings.

8. The courts should punish the cultivated with the maximum punishment permitted for
numerous offences under to the provisions of the Indian Penal Code to set an example of
mob lynching and mob violence.

9. Every police officer or district administration, when determined to have failed in order
either to prevent, or to investigate, any violence or lynching crimes, or to facilitate views,
should be regarded as an act of deliberate negligence for which adequate steps should be
taken against them.

There is certainly no place in democracy for the packed mechanism, the sociology of the
crowd is the consequence of personal thought or can be seen as a resentment of the
general public for any specific crime. However, the law cannot be taken into one's hand
in any circumstances. It must go back to the traditional system of tribal retribution. Social
ethical and national duty in society is a responsibility of the person, that it is better to try
to rectify it instead of blindly joining the mob without comprehending the purposes of the
crowd. This is the time demand and it is necessary as well.
Though the Central Government has without delay issued an advice to guarantee the
court's instructions are complied with. In which States are urged to assure conformity,
together with other directives, with the instructions of the Supreme Court. And the
government has also enacted legislation. However, not the Central Government or the
State Governments are solely responsible for this. Every person in society also has a
constitutional duty to establish a sense of unity and brotherhood among all the peoples of
India which are not to discriminate on the basis of religion, language, class and state. And
to be sympathetic to all. It must also be the case with individuals who kill cows at the top
level, beneath the cloak of a homicidal shelter. If mob lynching is the only subject of
contemporary controversy, the so-called Gau-Rakshaks, then this is merely one aspect of
the coin. The second part of this coin is the trafficking of cows by an individual or group
of smugglers. How can a unilateral decision against them be taken when the cow is
adopted as mother by a significant segment of the country and adores them? How can he
then allow cows to be killed? Can this difficulty be remedied by maintaining cow in the
national animal category? Can slaughterhouses not carry on without cow? In addition to
this, some other issues link

11
too closely to the mob violence and mob lynching in the country which requires national
legislation, and when the government is drafting a law, it should take a balanced
approach.4

1.2 DEFINITIONS

1. Short Title, Extent and Commencement – (1) This Act maybe called the Protection
from Lynching Act, 2017.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) The act shall come into force within 30 days of its enactment.

2. Definitions – In this act, unless the context otherwise requires;

(a) “lynching” shall mean any act or series of acts of violence, whether spontaneous or
planned, committed to inflict extra judicial punishment, or as an act of protest and caused
by the desire of a mob to enforce upon a person or group of persons any perceived legal,
societal & cultural norms/ prejudices;
(b) “mob” shall mean a group of two or more individuals, assembled with an intention of
lynching
(c) “victim” shall mean any person, who has suffered physical, mental, psychological or
monetary harm as a result of the commission of any offence under this Act, and includes
his or her relatives, legal guardian and legal heirs of a deceased victim
(d) “Offensive material” shall mean any material that can be reasonably construed to have
been made to incite a mob to lynch a person and shall include material promoting
lynching on the grounds of religion, race, culture or any other ground.
(e) Words and expressions used but not defined in this Act and defined in the Code of
Criminal Procedure, 1973 (2 of 1974) or the Indian Penal Code (45 of 1860) shall have
the meanings assigned to them respectively in the Code of Criminal Procedure, 1973, or
as the case may be, in the Indian Penal Code.

3. Duties of Police Officer – (1) Every police officer, directly in charge of maintaining
law and order in an area shall take all reasonable steps to prevent any act of lynching
including its incitement and commission; and to that end –

4
Lynching without end: fact finding report into religious motivated vigilant violence in India
published by Citizens against Hate, New Delhi, September 2017
12
(i) make all possible efforts to identify instances of dissemination of offensive material or
any other means employed in order to incite or promote lynching of a particular person or
group of persons;
(ii) act in furtherance of the duty to prevent lynching in accordance with the powers
vested in them;
(2) Every police officer shall take action, to the best of his or her ability, to prevent the
commission of all offences under this Act.

4. Duties of District Magistrate - Notwithstanding anything contained in the Code,

whenever the District Magistrate has reason to believe that in any area within his
jurisdiction, a situation has arisen where there is an apprehension of lynching, he may, by
order in writing, prohibit any act which in his opinion is likely to lead to the incitement
and commission of an act of lynching.

5. Duty to Prevent Lynching - (1) It shall be duty of every police officer, in-charge of a
police station to take all reasonable steps to prevent any incident of lynching, including
its incitement, commission and possible spread; in the area under his jurisdiction and to
that end –
(i) Make all possible efforts to identify patterns of violence in the area under his
jurisdiction, that indicate occurrence of targeted violence, including the creation or
existence of hostile environment against a person or group of persons
(ii) Obtain information regarding the likelihood of an act of lynching; and,
(iii) Act in furtherance of the duty to prevent any act of lynching in accordance with the
powers vested in them;
(2) Every police officer shall take action, to the best of his or her ability, to prevent the
commission of all offences under this Act.
(3) Every police officer exercising powers under this Act in discharge of his or her duties
shall act without any delay in a fair, impartial and non-discriminatory manner.

6. Power to exercise authority against mobs – It shall be the duty of every police Officer-in-
Charge of a police station to exercise his authority on a mob in order to cause it to disperse.
(i) In exercise of his authority, a police officer in-charge of a police station may use such
powers as vested in him under Section 129 of the Code.

7. Punishment for Offence of Lynching: - Whoever commits an act of lynching–

13
(a) Where the act leads to the victim suffering hurt, shall be punished with imprisonment
of either description for a term which may extend to seven years and with fine which may
extend to one lakh rupees.
(b) Where the act leads to the victim suffering grievous hurt, shall be punished
with imprisonment of either description for a term which may extend to ten years, and
with fine which may extend to three lakh rupees.
(c)Where the act leads to the death of the victim, shall be punished with rigorous
imprisonment for life and with fine which may extend to five lakh rupees.

8. Punishment for Conspiracy or Abetment to Lynch - Whoever takes part in a conspiracy

or conspires to lynch another person, or abets an act of lynching shall be punished in the
same manner as if he had taken part in the actual incident of lynching.

9. Punishment for Obstructing Legal Process - Any person -

(a) who knowing or having reasonable cause to believe that any other person is guilty of
an offence under this Act, gives that other person any assistance with intent thereby to
prevent, hinder or otherwise interfere with his arrest, trial or punishment for the said
offence, shall be punished with imprisonment for a term which may extend to five
years and shall also be liable to fine.
(b) threatens a witness with any injury to his person or property or to the person or
property of any one in whom that person is interested, with intent to cause harm to that
person, or to compel that person to refrain or withdraw from being a witness in any
investigation or trial under this Act shall be punished with imprisonment for a term which
may extend to five years and shall also be liable to fine.

10. Punishment for Dissemination of Offensive Material - Notwithstanding anything

contained in any other law for the time being in force, whoever publishes, communicates
or disseminates by any method; physical or electronic, any offensive material, shall be
punished with imprisonment of either description for a term of not less than one year
which may extend to three years, and with fine which may extend to fifty thousand
rupees.

11. Dereliction of Duty by Police Officer – When any police officer, directly in charge of
maintaining law and order in an area, omits to exercise lawful authority vested in him or
her under law, without reasonable cause, and thereby fails to prevent lynching, shall be

14
guilty of dereliction of duty.

15
Explanation: - For the purposes of this Section, dereliction of duty by a police officer
shall also include the following:
i. Failure to provide protection to a victim of lynching
ii. Failure to act upon apprehension of lynching
iii. Refusing to record any information under sub-section (1) of Section 154, Code of
Criminal Procedure, 1973 relating to the commission an offence under this Act
iv. Failure to perform his or her duties under Section 3, 4 and 5 of this Act.

12. Punishment for Dereliction of Duty by Police Officer – Whoever commits an act of
dereliction of duty by police officer shall be punished in accordance with the Police Act
of the respective state. In states where the Police Act does not provide such punishment,
with imprisonment of either description for a term which may extend to six months, and
with fine which may extend to fifty thousand rupees.

13. Dereliction of Duty by District Magistrate- Whoever being a District Magistrate

authorized to act under any provisions of this Act —
(a) exercises the lawful authority vested in him under this Act in a mala fide manner,
which causes or is likely to cause harm or injury to any person or property; or
(b) Willfully omits to exercise lawful authority vested in him under this Act and thereby
fails to prevent the commission of any act of lynching, shall be punished with
imprisonment which may extend to six months, or with fine, or with both.

14. Application of Code of Criminal Procedure, 1973- Provisions of the Code of Criminal
Procedure, 1973, shall apply to this Act, save and except as amended or supplemented to
the extent provided under this Chapter.

15. Offences to be cognizable and non-bailable- Unless otherwise specified, all offences
specified under this Act, shall be cognizable and non-bailable.

16. Investigation by Senior Police Officers- No police officer below the rank of Inspector
of Police shall investigate any offence committed under this Act.

17. Sanction not required for offences under the Act- The provisions of Section
196 and 197 of the Code of Criminal Procedure, 1973 shall not apply to offences by
police officers

16
and the Court may take cognizance of such offence when satisfied that the said offence
has been committed.

18. Cases triable by Designated Judges – (1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973, or in any other law for the time being in force, the
offences specified under this Act shall be tried by Designated Judges appointed under this
Act.

19. Power to appoint Designated Judges- (1) The Central Government in relation to the
Union Territories or the State Government may, by notification in the Official Gazette
appoint as many Designated Judges in consultation with the Chief Justice of the High
Court as it may be necessary to try offences punishable under this Act.
(2) A person shall not be qualified for appointment as a Designated Judge or Additional
Designated Judge under this Act unless he or she is or has been a Sessions Judge under
the Code of Criminal Procedure, 1973.

20. Procedure and power of the Designated Judge – (1) In trying the accused persons, the
Designated Judge shall follow the procedure for the trial of warrant cases prescribed by
the Code of Criminal Procedure, 1973.
(2) The provisions of the Code of Criminal Procedure, 1973, shall, so far as they are not
inconsistent with this Act, apply to the proceedings before a Designated Judge; and for
the purposes of the said provisions, the Court of the Designated Judge shall be deemed to
be a Court of Session.
(3) When trying the accused person, a Designated Judge may also try any offence, other
than an offence specified under this Act, with which the accused may, under the Code of
Criminal Procedure, 1973, be charged at the same trial if the offence is connected with
the offence under this Act.
(4) If, in the course of any trial under this Act, it is found that the accused person has
committed any other offence, the Designated Judge may, whether such offence is or is
not an offence under this Act, convict such person of such offence and pass any sentence
authorized by law for the punishment thereof.
(5) Notwithstanding anything contained in the Code of Criminal Procedure, a Designated
Judge shall hold the trial of an offence on day-to-day basis save and except for reasons
beyond the control of parties.

17
(6) In so far as reasonably possible, all statements of victims and witnesses should be
recorded within a period of 180 days from the date of incident.
(7) In so far as reasonably possible, it shall be the endeavor of the Court to ensure that
any witness is not required to attend court on more than two dates of hearing.

21. Rights of victims and witnesses during trial - (1) A Designated Judge may, on an
application made by a witness in any proceedings before it or by the Public Prosecutor in
relation to such witness or on its own motion, take such measures as it deems fit for
keeping the identity and address of the witness secret.
(2) A victim shall have the right to reasonable, accurate, and timely notice of any court
proceeding. He or she shall be entitled to be heard at any proceeding under this Act in
respect of bail, discharge, release, parole, conviction or sentence of an accused or any
connected proceedings or arguments and file written submissions on conviction, acquittal
or sentencing.
(3) A victim shall be entitled to receive free legal aid if he/ she so chooses and to engage
any advocate who he or she chooses from among those enrolled in the legal aid panel
under the Legal Services Authorities Act, 1987 and the Legal Aid Services Authority
established under the said Act shall pay all costs, expenses and fees of the advocate
appointed by the victim or informant in accordance with relevant rules.
Nothing in the sub section should be construed to take away the right of the witness to
legal representation of his choice.
(4) It shall be the duty and responsibility of the State Government for making
arrangements for the protection of victims, and witnesses against any kind of
intimidation, coercion or inducement or violence or threats of violence.
(5) The State Government shall inform the concerned Designated Judge under about the
protection provided to any victim, informant or witnesses and the Designated Judge shall
periodically review the protection being offered under this section and pass appropriate
orders.
(6) It shall be the duty of the Investigating Officer to record the complaint of victim,
informant or witnesses against any kind of intimidation, coercion or inducement or
violence or threats of violence, whether given orally or in writing. A copy of the same
shall be sent to the Designated Judge within twenty-four hours of recording it.

22. Constitution of Review Committee :- Notwithstanding anything contained in the

Code, every case, registered in connection with an offence under this act, and

18
where the

19
Investigating Officer does not file a charge sheet within a period of three months from the
date of registration of the First Information Report shall be reviewed by a committee
headed by an officer of the level of an Inspector-General of Police to be constituted by
the State Government and such committee may pass orders for a fresh investigation by
another officer not below the rank of Deputy Superintendent of Police wherever it comes
to the conclusion that, having regard to the nature of investigation already carried out,
such investigation would be necessary.
(2) The committee constituted under sub-section (1) may also review cases of such
offences where the trial ends in acquittal and issue orders for filing appeal, wherever
required.
(3) The committee shall submit a report of its findings and action taken in each case or
cases to the Director General of Police.

23. Duty to Provide Compensation: - (1) The State Government through the office of the
Chief Secretary shall provide Compensation to victims of lynching within 30 days of the
incident.
(2) Where the death of a person has occurred as a consequence of lynching, the
compensation for such death shall be paid to the next of kin of the deceased.
(3) While computing compensation, the State Government must give due regard to the
bodily injury, psychological injury, material injury and loss of earnings including loss
opportunity of employment and education, expenses incurred on account of legal and
medicinal assistance.
Provided that in no case of death caused due to lynching should the compensation given
be less than 25 lakh rupees.

1.3 SCOPE OF STUDY

This is a report about hate-inspired violence against minorities in India these crimes,
which have been intensified in recent years, named lynching, vigilante violence and
killings. Most of the attacks on Muslims were overwhelming, while Dalits also often be
targeted. Most of these are associated to bovine animals (Cows and Beef), vigilantes, who
take bovine, holy groups to account, accusing people of slaughtering cows, holding
bovine animals or merely eating beef. Here it should be noted that India already has some
form of regulation to prevent or restrict flogging for cows and other livestock, and that to
safeguard it is against cow slaughter and against twenty and four countries in India. But

20
vigilantism against minorities is not limited to cow and beef. The focus of numerous
attacks were

21
interfaith couples and their family as have some Muslims lynched, without any specific
offense being attributed to them.

1.4 AREA OF STUDY

The aim of the study was to understand and identify the offenders and networks behind
violence in all cases of assaults leading to death and sexual violence. Mainly, it intended
to clarify and document the operation of the criminal justice system for victims of hatred
violence in post violence operations of law enforcement and prosecution authorities. The
findings are depressing, representing the failures of the state, both of omissions and
commissions, with regard to the victims.

1.5 LITERATURE REVIEW

Books: -

1) Lynch Files: The Forgotten Saga of Victims of Hate Crime

BY Ziya Us Salam 2019

SAGE Publications India
Mohammed Akhlaq and Rakbar lynched in the name of cow protection.
Chimma, a Dalit, lynched by the mob for entering a Hindu temple.
In the recent years, the cases of mob lynching of Muslims and Dalits have increased to an
alarming extent. These cases are discarded and forgotten without any justice served to the
victims. The emergence of mobocracy from the roots of Hindutva and Gau Rakshaks has
put India’s secularity and democratic constitution to test.
Lynch Files pieces together the tragic stories of the people at the receiving end of mob
violence and looks inside the mind of the lynchers who flout laws with impunity. Further,
the book discusses the Supreme Court judgement against lynching and tries to restore
faith in the court’s capacity to curb this violence.

2) Global Lynching and Collective Violence: Volume 1: Asia, Africa, and the Middle
East

22
Michael J. Pfeifer Feb 2017
University of Illinois Press
Often considered peculiarly American, lynching in fact takes place around the world. In
the first book of a two-volume study, Michael J. Pfeifer collects essays that look at
lynching and related forms of collective violence in Africa, Asia, and the Middle East.
Understanding lynching as a transnational phenomenon rooted in political and cultural
flux, the writers probe important issues from Indonesia--where a long history of public
violence now twines with the Internet--to South Africa, with its notorious history of
necklacing. Other scholars examine lynching in medieval Nepal, the epidemic of
summary executions in late Qing-era China, the merging of state-sponsored and local
collective violence during the Nanking Massacre, and the ways public anger and lynching
in India relate to identity, autonomy, and territory. Contributors: Laurens Bakker, Shaiel
Ben- Ephraim, Nandana Dutta, Weiting Guo, Or Honig, Frank Jacob, Michael J. Pfeifer,
Yogesh Raj, and Nicholas Rush Smith.

3) Looking for the Nation: Towards Another Idea of India

Manash Firaq Bhattacharjee
Speaking Tiger, 2018 – Nationalism - 218 pages
'This splendid book will deepen the understanding of nationalism in our dark time.'-Talal
Asad, Distinguished Professor of Anthropology, City University of New York
This urgent and compelling book comes at a time when toxic nationalism is causing the
violent and systematic exclusion of political, religious, sexual and other minorities.
Manash Firaq Bhattacharjee reminds us that the modern nation-state, built on fear and an
obsession with territory, is often at odds with democracy, justice and fraternity.
Critically analyzing the ideas of thinkers who laid the political and ethical grounds of
India's modern identity--Nehru, Ambedkar, Gandhi, Tagore, and Aurobindo--
Bhattacharjee shows how we have strayed from their inclusive, diverse visions. He
effortlessly weaves personal and intellectual histories, navigating through vast swathes of
scholarship, to sketch a radically ethical imagination against the sound and fury of
nationalism. He dips into fascinating anecdotes, recalling Ashok Kumar's friendship with
Manto against the shadow of Partition, Ali Sardar Jafri's Jnanpith Award acceptance
speech, and his own encounter with the Sufi qawwal, Fareed Ayaz, among others.
Concluding with an enlightening genealogy of modern politics in the light of its present
crisis, he exhorts us towards a new politics of trust.

23
Brimming with thought-provoking analyses and commentary, looking for the Nation is an
extraordinary and illuminating account of India's politics and culture.

4) Violent Cow Protection in India: Vigilante Groups Attack Minorities

Jayshree Bajoria
Human Rights Watch, 2019 – Cows - 101 pages
"This report describes the use of communal rhetoric by members of the ruling Bhartiya
Janata Party (BJP) to spur a violent vigilante campaign against consumption of beef and
those engaged in the cattle trade. Between May 2015 and December 2018, at least 44
people - including 36 Muslims - were killed in such attacks. Police often stalled
prosecutions of the attackers, while several BJP politicians publicly justified the attacks."

5) Measure for Measure: Lynching Deaths in West Bengal, a Sociological Study

Samit Kar
K.P. Bagchi & Company, 2006 - Lynching - 247 pages
Study with reference to the state of West Bengal, India.

6) Political Violence in Ancient India

Upinder Singh 2017
Gandhi and Nehru helped create a myth of nonviolence in ancient India that obscures a
troubled, complex heritage: a long struggle to reconcile the ethics of nonviolence with the
need to use violence to rule. Upinder Singh documents the tension between violence and
nonviolence in ancient Indian political thought and practice, 600 BCE to 600 CE.

Articles:-

1. MOB VIOLENCE AND VIGILANTISM IN INDIA

By – Ishan Gupta Available at
https://www.jstor.org/stable/48566204
World Affairs: The Journal of International Issues, Volume 23, No. 4 (Winter 2019
(October- Dec) pp. 152 – 172 (21 pages)
Published by: Kapur Surya Foundation
• Escalation in mob-lynching targeting minority communities, primarily
Muslims and Dalits.

24
 • General pattern observed in such crimes and the need for codified law
defining mob-lynching and the punishment for it.
• Dadri Lynching, Alwar, Nowhatta, Dhule Lynching etc. have occurred.
• Hate crimes
• Cow related Violence- 2014 to 2018
• Anti-Lynching laws in the US
• WhatsApp Lynching.

2. HINDUTVA VIOLENCE IN INDIA: TRENDS AND IMPLICATIONS

By – Sudha Ramachandran
Available at – https://www.jstor.org/stable/26918077
Counter Terrorist Trends and Analyses- Volume. 12, No.4 (June 2020), pp. 15-20
(6pages) Published by – International Centre for Political Violence and Terrorism
Research.
• Aims at making secular India as Hindu state.
• Deepening the insecurities of India’s religious minorities especially Muslims.

3. BEEF RELATED VIOLENCE IN INDIA: AN EXPRESSION OF

ISLAMOPHOBIA
By – Mohammed Sinan Siyech and Akanksha Narain
Available at - Beef-related Violence in India: An Expression of Islamophobia
(jstor.org)
Islamophobia Studies Journal – Volume. 4, No. 2 (Spring 2018) pp. 181-194 (14pages)
Published by – Pluto Journals.
• Few extreme organizations such as RSS, VHP and BD have tried to hijack Hinduism
and then construct the image of a Muslim as an evil that needs to be removed or at the
least dealt with definitively in India.

4. MOB LYNCHING – A DESECRATION OF THE ‘RULE OF LAW’

By- Vageshwari Deswal
Available at - Mob lynching- A desecration of the ‘Rule of Law ’(indiatimes.com)
• Aptly referred to by the Hon’ble Supreme Court as a ‘Horrendous act of mobocracy ’
• Murder of three people, two monks and their driver by a mob in Palghar,
Maharashtra.
• Lady doctor’s car had been pelted with stones (Another incident) (Rumors of child

25
lifters)

26
5. PREVENTING MOB- LYNCHING.
By – M.P. Nathanael
Available at - Preventing mob lynching - The Hindu
• State Laws – Manipur Government- Bill against Mob Lynching in 2018 Rajasthan
Government – Bill against lynching in August 2019
West Bengal – Stringent Bill against lynching.

6. MOB LYNCHING: A CRIME THAT EXONERATES THE OFFENDERS IN

INDIA
By – Anubhav Vasishta, Abhay Pachauri
Available at – Mob Lynching: A Crime That Exonerates The Offenders In India?
(outlookindia.com)
• Common Object under Section 149
• Common intention Under Section 34

7. MOB LYNCHING: A NEW FORM OF HATE CRIME

By – M.K. Pathak
Available at – https://ijop.net
• WhatsApp lynching
• Rumors of child abduction and organ harvesting via the WhatsApp message
service
• Organized Hate Crimes.

8. STRICTEST PUNISHMENT FOR MOB LYNCHING NEEDED NOW MOST

By – Sanjeev Sirohi
Available at - Strictest Punishment for Mob Lynching Needed Now Most Article - Legal
Articles in India (legalservicesindia.com)

9. PERMISSSION TO HATE DELAWARE, LYNCHING, AND THE CULTURE

OF VIOLENCE IN AMERICA
By – Yohuru R. Williams
Available at – Permission to Hate: Delaware, Lynching, and the Culture of Violence
in America on JSTOR
Journal of Black Studies Vol. 32, No. 1 (Sep 2001), pp. 3-29 (27 pages)

27
10. LYNCHINGS IN BIHAR: REASSERTION OF DOMINANT CASTES.
By – Prakash Louis
Available at - Lynchings in Bihar: Reassertion of Dominant Castes on JSTOR
Economic and Political Weekly Volume. 42, No. 44 (Nov 3 – 9, 2007), pp.26-28 (3
pages) Published by: Economic and Political weekly

11. THE MADNESS OF THE MOB? EXPLAINING THE IRRATIONALITY AND

DESTRUCTIVENESS OF CROWD VIOLENCE.
By – David Waddington Sheffield Hallam University

1.6 OBJECTIVES

• To discuss legal framework on lynching

• Mob lynching scenario in India
• Analyze Indian laws against mob lynching
• Causes of mob lynching in India

1.7 RESEARCH METHODOLOGY

For a systematic study application of appropriate research methods, tools and adoption of
scientific bent of mind are sine-qua-non. This has an important bearing on the collection
of reliable and accurate information as well as results of the study.
The present study comprises doctrinal methods together with any adoption of
comparative approaches. However, data will be supplied to make the study real and
effective. Case study methods are more applied to achieve the objective. It is value-based
study. So, for this purpose, Doctrinal method of study is more beneficial than empirical
method as it does not need collection of statistical data from field. Empirical research is
based on experimentation and observation, which is not appropriate in case of study of
human rights. So, for this work, doctrinal method is more suitable than empirical method,
although at some place it also has played its role, but most of the part of study is done
according to Doctrinal research. At last, some conclusions and concrete suggestions will
be forwarded to improve the concern for protection of human rights in criminal justice
delivery system of country. The study entitled good deal of planning and preparation in
order to obtain reliable material and data.

28
The researcher has consulted vast literature on the subject for this study, some of the
Memorial lectures given to prominent people and lawyers, various court judgments, law
commission reports, police commission reports, criminal justice reform committees,
journals, eminent jury commentary, daily papers, gathering relevant information from
published and not published so far. This is also the subject of the research. The
researcher also relied on the international documents, U.N. Reports and
recommendations, Amnesty International Reports, AIR, SCR, SCC, Cr. L.J., RCR,
journals of Indian Law Institute (ILI) etc. The established principles of law and historical
facts have also been discussed. The researcher took the help of INTERNET also. The
names of such books, reports, journals etc. are mentioned in the bibliography.

1.8 RESEARCH QUESTIONS

Q1. What is current situation of laws identifying with mob lynching in India?
Q2. Why would that be a need to make a different offense identifying with mob lynching
in India?

1.9 CHAPTERIZATION

Chapter 1 – Introduction

Chapter 2 – Historical Background

Chapter 3 – Laws on Mob Lynching

Chapter 4 – Mob Psychology

Chapter 5 – Judicial Approach

Chapter 6 – Conclusion & Suggestions

29
 CHAPTER – 2
HISTORICAL BACKGROUND

2.1 INTRODUCTION

The word lynching was originally derived from a "lynching" American word at the Mid-
18th Century and was derived from two individuals who resided in Virginia, Charles
Lynch and William Lynch. Several cases of black lynching were reported in the US
before the American Civil War ended slavery. Whites were in some circumstances also
lynched for black slavery. Without any judicial proceedings, lynch can be viewed as the
award of death sentences. Mob is the English word meaning unchecked and uncontrolled
multitudes. In the plain English, if an uncontrolled crowd kills an accused criminal or
kills him otherwise, then mob lynching is termed.

There is no particular law on lynching in India. Lynching is not the IPC's word. However,
the Criminal Procedure Code (CRPC), 1973, sets out in Sec. 223(a) that person or the
mobs may be tried jointly in the same offence. This clause somehow did not aid in
bringing about justice in the event of lynching.

There are several occurrences in India that occur because of the mob lynching
periodically; most of these instances are inflicted strictly on Muslims who are accused of
bovine affairs (love jihad) for other reasons, such as inter-caste marriage or lynching with
Dalit. The crimes occur when people are encouraged by hatred and wrath and willing to
adopt law. This violence is referred to be HATE crimes based on people's hatred of
certain religion, caste or sex in the community. The reason why individuals suddenly see
a person as dangerous to society as a whole and make such a severe choice to kill him is
significant. 5

Lynching is a group extrajudicial murder. It is usually used to describe informal killings

by a mob to punish a suspected transgressor, to punish or to terrify a convicted
transgressor. It can also be an extreme form of social group control and frequently
performs as much as possible intimidation by showing a Public Spectacle (often
hanging). Every society has instances of lynching and comparable mass violence.

5
Bakshi, Sandipan and Nagarajan, Aravindham. 2017. ‘Mob Lynchings in India: A look at data
30
and the story behind the numbers.

31
In the United States, African American lynchings became common in the South,
particularly during the Nadir period of American racial relations in the post
reconstruction era.

Etymology

The origins of lynch are dark; however, it probably came from the American Revolution.
The verb is derived from Lynch Law, a term without trial for punishment. In the 1780s
there were usually credited to two Americans to make a coincidence. Charles Lynch
(1736– 1796), who was both living in Virginia, and William Lynch (1742–1820). Charles
Lynch was probably more familiar with the word as he used the term in 1782, but
William Lynch was not known until much later to use the term. There is no proof that one
of the two men inflicted death as a punishment. In 1782, Charles Lynch wrote that his
assistant had administered Lynch's law to Tories "for Dealing with the negroes &c”.

Charles Lynch was a quaker/planner Virginia, and Patriot was head of a Virginian county
tribunal that imprisoned loyal for up to a year. Although it lacked the right to arrest these
people, it claimed it, citing for the necessities of wartime. Lynch then convinced over his
supporters in the Confederation Congress to establish a law which exempted him and his
partners from wrongdoing. Lynch was apprehensive that, although having won the
conflict, he would be facing judicial action from one or more of those he had imprisoned.
This Congress action caused controversy. The name Lynch Law, which means the
establishment of extrajudicial authority, was used in the United States in this regard. No
racist prejudice implicated Lynch. He acknowledged three times that Black people had
been charged with murder. However, in his bashing of Welsh miners, he has been
accused of ethnic damage.

The word was originally used in a 1780 compact signed in Pittsylvania County by
William Lynch of Virginia. While Edgar Allan Poe claimed he found this paper, it
probably was a falsification.

A tradition from the 17th century of James Lynch Fitz Stephen, Mayor of Galway in
Ireland in 1493, states the mayor hanged him from his own house when his son was
condemned to murder. By 1904 the narrative became the beginning of the word 'lynch.'
Etymologists reject it, both on the occasion of the supposed event and due to the fact that
the incident did not constitute a contemporary lynching.
32
The ancient Verb Lynch has been presented as the etymological source to beat severely
with a flexible instrument, to chastise or to mistreat; yet it has been suggested that the
term has survived in modern times; this assertion is therefore also deemed to be
unplausible.6

2.2 HISTORY OF MOB LYNCHING AROUND WORLD

Each community has had forms, including murder, of extrajudicial punishment. Migrants
from the British Isles to Colonial North America conveyed the legal and cultural
background of American lynching over the Atlantic. Collective violence was a regular
part of the early American legal scene, with the goal and outcome of group violence in
Colonial America. In the seventeenth century lynchings were a widespread type of
"mobile justice" when authorities were seen as untrustworthy in the backdrop of the wars
of the three kingdoms and the unstable social and political situation in the American
colonies. African Americans were the principal victims of racial lynching in the United
States during the decades following the Civil War, but Mexicans in the American
Southwest were also the targets of lynching.

After the reconstruction, after the abolition of slavery and the freeing of the Blacks,
attacks on African Americans, especially in the South, greatly intensified. After White
South Democrats re-controlled state legislatures, the highest point of lynchings took place
in 1892. Many occurrences were linked to financial difficulties and competition. At the
turn of the twentieth century, southern states implemented new constitutions or
legislation effectively disenfranchising most Blacks and many Poor Whites, separating
public establishments from the common public life and facilities by race, and by Jim
Crow laws. Between 1882 and 1968, in what has been called "colonial violence," the
historian Thomas
E. Smith lynched over 4800 Americans, including 3446 African Americans. 7

6
Lynching Conundrum by By Nandita
Senguptahttp://tehelka.com/lynching-conundrum/
th
The Horror of Being the Target of a Witch Hunt in India, masuma ahuja, 10 feb 2018,
33
https://broadly.vice.com/en_us/article/zmw4nw/women-in-india-modern-witch-hunts
7
Bhatia, Gautam (2016)Offend, Shock or Disturb: Free Speech under the Indian Constitution,
Oxford University Press, New Delhi

34
United States

Lynchings were most regularly held in southern States and Western border communities,
both before and after the American Civil War, and most frequently during the late 19th
siècle. Self-appointed commissions, crowds or vigilantes were commonly used without
due process of law for the purposes of punishing suspected crime. At the first lynching
reported in 1835, in St Louis, a Black man named McIntosh was arrested, chains were
fastened to a tree and executed in front of more than 1.000 people at an angle in the
center of the town.

In the south, the anti-Bellum era was occasionally the victim of mass violence in the
abolitionist movement or others against slavery. Lynching 41 men at the Great Hanging
in Gainesville, Texas in October 1862 was the biggest lynching in the U.S. history, and
likely the largest lynching during the war. Most victims were hanged following an
extrajudicial "trial," though at least 14 were not formally treated. The men were charged
with uprising or treason. In Decatur, Texas as part of the same sweep, another five men
were hung.

After the war, southern Whites fought for social dominance. In order to retain white
people in the authority of the country and to dissuade free people from voting and
working and learning, secret vigilant like the Ku Klux Klan (KKK) initiated extra-judicial
attacks and murders. Sometimes, they also attacked northerners, teachers and Freedmen's
office agents. A 1868 to 1871 analysis suggests that more than 400 lynching’s have been
implicated in the KKK. After the war, most white men were war veterans. It was a
moment of turbulence and social uprisings. Mobs generally alleged offenses that Black
individuals were hanged for. However, journalist Ida B. Wells revealed in the late
nineteenth century that many of the alleged crimes were, or had not been committed.

From the 1890s onwards, the majority of those lynched were Black, including at least 159
women. Between 1882 and 1968, 1297 lynchings of the whites and 3446 Black
individuals were reported by the Tuskegee Institute. The Tuskegee Institute's records,
however, did not include Mexica lynchings. The Chinese slaughter of 1871, the lynching
of 11 Italian immigrants in New Orleans in 1891, were some of the greatest mass lynches
in America's history.

35
Mob violence was created to enforce the White Supremacy and often stemmed from
systematic political terror "In a united dissatisfaction and rage, the Ku Klux Klan,
paramilitaries and other whites defended the interests of the White supremacy fiercely.
The scale of the extrajudicial violence that took place in elections went epidemic, which
led to the history of Guerrilla warfare by historian William Gillette. 8

In the course of the reconstruction, the lynching was employed by the Ku Klux Klan and
others to control the Black people, force them to labor for planters and prevent them from
voting. The Klan Reconstruction Age was mainly broken up by federal soldiers and
courts that applied the 1871 Civil Rights Act.
At the end of the rebuilding in 1877, white democrats seized almost absolute control of
the state legislatures throughout the south by fraud, bullying and violence. They passed
legislation to increase the complex registration of voters, lowering the number of Black
voters. Ten of the 11 southern parliamentarians adopted new constitutions and changes in
the late 19th and early 21st centuries, between 1890 and 1908 to effectively deprive the
majority of Afro-Americans and many impoverished Whites from polling and property
taxation, residence requirements and literacy tests. Although all voters required, certain
rules against African Americans were imposed selectively. In addition, many states have
for a limited period established grandfather provisions enabling the exemption of White
analphabets from literacy examinations. The outcome was that the registration rolls of the
Black voters were removed and without any political redress. They could not serve on
jury since they could not vote. They had no formal political voice.
Senior Senator Benjamin Tillman from the United States, who used to be Governor of
South Carolina: We from the South never recognized a black right to rule white men and
we will never. The ideology behind lynching, directly linked to denying political and
social equality, was immediately stated in 1900. We have never thought that he was the
same white man, and without killing him, we will never reduce his lusts to his gratitude
for our wives and daughters.

Lynchings declined briefly after the takeover in the 1870s. By the end of the nineteenth
century, lynching increased again with fights about labor and deprivation and a
continuous agricultural decline. At the conclusion of the 19th century, the number of
lynchings peaked but such assassinations persisted in the 20th. Records of lynchings
between 1880 and 1951

36
8
Kashyap,Subhash (2009)Concise Encylcopedia of Indian Constitution, Vision Books, New Delhi

37
from Tuskegee Institute reveal a total of 3,437 Afro-American victims, along with 1,293
white victims. The Cotton Belt was a focus of Lynchings (Mississippi, Georgia,
Alabama, Texas and Louisiana). 9

As the rates of lynch and race are high, many Black southerners moved to the South to
escape these conditions due to the lack of political or economic possibility in the South.
In the Great Migration, between 1910 and 1940, 1.5 million individuals relocated to south
Black metropolis such as New York City, Chicago, Detroit, Cincinnati, Boston and
Pittsburgh in urban and industrial northern areas. The massive flow of South Black
people into the North has transformed the ethnic composition and the enmity between
Black and White Northerners in Northern city. Violence, intimidation or legal actions
against the Blacks have defended many White people their areas while many other White
people have fled to a more racially homogenous territory known as White Flight. Overall,
Black people have been systematically discriminated against in northern cities in a
variety of facets of life. Race tensions flared throughout this time most violently in
Chicago and lynchings, which were directed by mob, substantially expanded in the
1920s.
In the course of protests, marches, lobby congresses, papers were written, so-called
explanations for lynching were refuted, women's groups were organized against lynching,
and integrated groups were contracted. Between 1916 and 1935, African-American
writers played 14 played anti-lynching, 10 of them female.
Following the publication of The Birth of a Nation (1915), a movie that glorified
lynching and the Klan era of reconstruction, the clan was reformed. It had a strong
presence in city populations, particularly in the Midwest, as opposed to its former form.
The Klan's anti- immigrants, anti-Catholics and anti-Jewish stances were also taken by
the Klan in response to a great number of predominantly Catholic and Jewish immigrants
from South and Eastern Europa.
Members of the lynching masses often photographed what their victims had done to
disseminate awareness and fear of their authority. It was not rare to take souvenirs like
rope pieces, clothing, branches and bits of the body sometimes. Some were published and
sold in postcards. Some were published. In 2000 James Allen published a book and
online collection of 145 lynching images with written remarks and videos.

Dyer Bill

9
Puniyani, Ram (2005)Religion, Power and Violence: Expression of Politics in Contemporary
38
Times, Sage Publications Pvt. Ltd., New Delhi

39
Republican Congressman Leonidas C. Dyer from St. Louis, Missouri, introduced the
Dyer Anti-Lynching Bill to the United States Congress initially in 1918. The bill was
approved by the House of Representatives of the United States in 1922, and in the same
year the United States Senate Committee presented a positive report. The Solid South
white democratic senators, the only elected representatives, have resisted its passage
since African Americans were disenfranchised in the South in the early twentieth century.
The Dyer Bill later impacted anti-lynching law, notably the US Senate's also-defeated
Costigan Wagner Bill.
The Dyer Anti-Lynching Bill, as adopted in the House, said: "Ensure the equal protection
of laws and punish the crime of lynching to persons within the competence of each State.
That, if used in this act, a sentence "mobile or riotous assembly' means an assemblage
consisting of three or more people working together to take any person of his or her life
without the authority of a law as a punishment or as a prevention of the Commission of
any real or any other person, be it adopted by the Senate and Chamber of Representatives
of the United State of America assembled in congress"
Decline and Civil Rights Movement 10
While the lynching frequency fell in the 1930s, amid the Great Depression, a peak
occurred in 1930. For example, four persons were lynched in different events in less than
a month, in North Texas and South Oklahoma alone. Sherwood Eddy, Sherwood Eddy, in
his book Russia Today: What can we learn from it? "Today in Russia's most distant
villages Americans are often questioned what the Scottsboro Black guys are going to do,
and why they are lynching Black." As World War II, a lynching rise occurred as tensions
grew after veterans came home. Whites wanted to restate White superiority over Black
veterans who returned. In 1946, two war veterans and their wives were slaughtered by
white property owners in the Walton County, Georgia, when the last reported mass
lynching was performed.
By the 1950s, the Movement for the Rights of the Civil became more active. The
lynching of 14-year-old Emmett Till from Chicago, slain while he visited an uncle in
Mississippi, drove him on. His mother insisted on an open-top funeral to show how
terribly her son was beaten. In the United States, the Black community was mobilized.
Written by Vann R "The process against his assassins was a show that illuminated white
supremacy's oppression." Two defendant were tried by the State of Mississippi but a
White jury acquitted them.

10
Hasan,Zoya (2011)Politics of Inclusion: Castes, Minorities and Affirmative Action, Oxford
40
University Press, New Delhi

41
The photo of the "child's mangled body," argues David Jackson, "made the world to take
into account the savagery of American race." In soviet media, racial discrimination was
often covered in the USA. The Russians considered America's critique of the Soviet
Union abusses of human rights as hypocritical at the time. Historian Mary L. Dudziak
argued in Cold War Civil Rights: Race and the Image of American Democracy (2001),
the Soviet communist critique of racial discrimination and violence in the United States
has encouraged the federal government to promote civil rights laws.
By the 1960s, lynchings stopped most, though not all.
The killing in Mississippi in 2011 of James Craig Anderson was the final fatal lynching
reported in the United States.

Civil rights law

Title 18, U.S.C., Section 241 is the statute for the civil right conspiratorial which makes it
illegal for two or more people to conspire in free practice or exercise of any right or
privilege guaranteed to them by the Constitution or by laws of the United States to
intimidate, oppress, threaten or threaten a person or a district of any State, territory or
territory. The offense is subject to a number of fines and/or imprisonment for any number
of years up to the lifetime or death sentence, depending on the circumstances of the crime
and any injuries.
Felony lynching
The term "felony lynching" was formerly used in California law to describe the act of
taking someone out of the custody of a police officer by "means of riot". The Law of
California did not provide for the assassination of an individual taken out of custody and
in certain circumstances this law was used to charge persons who were trying to release a
person from police detention. A few controversial situations occurred in the 21st century,
when a Black person tried to release a Black person from the custody of the police. In
2015, Governor Jerry Brown, having gained universal agreement by the state lawmakers
in a vote, signed legislation by Senator Holly Mitchell to remove the word "lynching"
from the national criminal code. "Strong words ought should be reserved for strong
notions, 'lynching' has for African Americans such a horrible history that the law should
use it exclusively in its own right, murder by mob," Mitchell added. The law was
otherwise unchanged.

Effects

42
In a study in 2017, exposure to post reconstruction lynching in South "lower by around
2,5 percentage points local black voter turnout." In especially in the campaign season
there was other violence directed toward Blacks. The south states adopted new
constitutions and legislation, which expelled most Blacks due to impediments to
registering as voters, mainly for voting from 1890 to 1908. The main impact of this move
was shortly to be reduced to small amounts for Black voters in most of the South.
In another 2017 study, Stewart Tolnay and E. M. Beck have uncovered supporting
evidence that lynching was "a result of competitive economic activity between white
cottons and Africans." The results showed that black out migration from 1920 to 1930
were connected with lynching and higher salaries.
About half of Georgia's 3,000 Jews left the State after the lynching of Leo Frank. In Steve
Oney's opinion, "It cannot be underestimated what it did to southern Jews. It led them
into a situation in which they denied their Jewishness. They became even more
assimilated, anti-Israel, Episcopalian. At weddings the Temple removed chuppahs –
everything that might attract attention."
In 2018, in Montgomery, in Alabama, a memorial commemorating the victims of
lynchings in the USA, was opened the National Memorial of Peace and Justice. 11

Europe
In 1919, a series of races between white and black sailors broke out in Liverpool, many
of whom were demobilized. after the end of the First World War. After the two White
sailors stuck a Black sailor at the pub because they refused to deliver a cigarette to them,
the following day his buddies took revenge on them and injured the police officer. The
police reacted by attacking housing houses in mainly Black districts, with victims on both
sides. During the raids, a white mob of lynchers came out of houses and chased Charles
Wootton, a black sailor, into a river where he dropped. The name was given in his
memory to Charles Wootton College in Liverpool.
In 1944 the German prisoner of war noted for being uncomfortable with the Nazi system,
Wolfgang Rosterg, was lynched in Comrie, Scotland, by other German prisoners of war
in Cultybraggan Camp. Five of the culprits were hanged at Penton Ville Prison at the
close of the Second World War — the greatest repeat execution in Britain, in the 20th
century.

43
11
Basu, D. D. (2011)Introduction to the Constitution of India, Lexis Nexis, New Delhi

44
With regard to the "lynchings" reported in Germany, the situation is less clear. Nazi
propaganda occasionally sought to portray spontaneous lynching of state-sponsored
violence. The most prominent example of this, 'Kristallnacht' was represented, however,
in an organized and prepared fashion by the government as a result of 'public rage'
against the Judaes, mostly by SS personnel. In the same vein, about 150 verified killings,
in retaliation for what Nazi propaganda called the "Anglo-American terror" of surviving
crew members of wrecked Allied aircrafts were carried out largely by the German
officials and police or Gestapo forces, but civilians sometimes were involved. In rare
circumstances, Hitler himself had ordered the killing of an enemy aircraft without trial in
May 1944. It was publicly proclaimed that the "public rage" of enemy pilots would no
longer be safeguarded. Secret directives were issued that forbade the police and military
from interfering with or prosecuting people who committed such acts in behalf of the
enemy. Briefly, "The attacks on crashed allied airmen were not often acts of retaliation
for the immediate preceding bombings. These attacks are often perpetrated by the Nazis,
and they did not hesitate to dirty their hands. The exception was the lynching killing of
self-mobilizing communities or urban neighborhoods."
After the 2016 Turkey coup attempt, members of the Turkish military were lynched.
Latin America
Mexico
Lynchings are a persistent form of extralegal violence in post-Revolutionary Mexico.
In the community of San Miguel Canoa (State of Puebla), on 14 September 1968, five
employees from the Puebla University were killed after Enrique Meza Pérez, a local
priest, had encouraged the townspeople to kill the workers who, he thought, had been
communists. The five victims were planning to enjoy their vacation on the mountain of
La Malinche, but due to severe weather conditions they had to stay in the Village. The
three survivors endured severe injuries, including finger amputations, two of them, and
the householder they stayed for night were slain. The key instigators accused have not
been charged. The few that were arrested were freed without proof.
Three undercover federal officers in Tlahuac lynching were lynched on November 23,
2004, by an irate crowd who spotted them take photographs and assume that they were
going to take children out of primary school in San Juan Ixtayopan in Mexico City. The
agents identified themselves quickly, but were detained and abused for several hours
before two of them were killed and set on fire. The episode was practically from the
outset covered by the media, including their request for help and their assassination.

45
Upon arrival, two agents were converted to burned bodies while the third was critically
injured. Authorities suspect that the people being probed provoked the lynching. The city
was far too distant from them to attempt to intervene, both local and federal authorities
having dropped the officers. Some officials stated that if the government attempted to
secure the men from the mob, they might trigger a massacre. 12

Brazil
The Wall Street Journal states that "Over the last sixty years, 1,5 million Brazilians have
been involved in lynching. According to José de Souza Martins, Brazilian leading lylon
expert, sociologist at Sao Paulo University, in Brazil, mobs are killing or trying to kill
more than one alleged lawbreaker a day.

Bolivia
On the 21st of July 1946, several officials, including President Gualberto Villarroel,
killed the riotous mob of striking students, teachers and miners in the Bolivian city of La
Paz. The members of the crowd shot the president and hurled his body out of his window
after the government palace was overwhelmed. Villarroel's body was lynched, his
clothing ripped, and his nearly nude corpse hanged on the lamp post in Plaza Murillo just
outside the palace. Other lynch victims include Transit Director-General Max Toledo,
Captain Waldo Ballivián, President Secretary Luis Uría de la Oliva and writer Roberto
Hinojosa. Guatemala
A watchful crowd lynched a sixteen-year-old girl in Rio Bravo, suspected earlier this
month of participating in the slaying of a taxi driver.

Dominican Republic
In Dominican society, extrajudicial punishment of alleged criminals who have committed
different crimes, from theft to murder, including lynching. The Dominican Republic has
received the highest acceptability of such illegal measures in Latin America, according to
a 2014 Latino barometer survey. In the Northern Region these problems are especially
visible.

12
Basu, D. D. (2011)Introduction to the Constitution of India, Lexis Nexis, New Delhi

46
Haiti
Following the 2010 earthquake the sluggish distribution of help and the enormous
number of individuals impacted caused fear of civil disorder, defined by the plundering
of suspected looters and mob justice. CNN claimed in a 2010 news story, "Officials
indicated that, since the onset of the cholera epidemic, 45 persons, most of which Vodou
priests, had been blamed on the outbreak, by angry crowds. 13

South Africa
Under the 1980s in the period of apartheid in South Africa, the practice of whipping and
necklacing offenders and political opponents arose. Black townspeople organized
"people's tribunals" and made whips and deaths from necklacing to scare Black persons
that were considered to be government collaborators. The torture and execution of a
victim involves necklacing by igniting a kerosene-filled rubber-tire forced around the
chest and arms of the victim. Necklacing was employed to punish victims who, along
with their relatives and associates, were reported to be traitors to the Black
liberation cause. Sometimes the "people courts" committed errors, or they manipulated
the system to punish persons who were opposed by the leaders of the anti-Apartheid
movement. The wife of Nelson Mandela, who was then imprisoned, and a senior member
of the African National Congress came to a huge controversy.
Recently the anti-gangsterism and drugs organizations, drug dealers and other gang
members, were lynched.

Nigeria
Extrajudicial punishment, including lynching, is known in Nigeria as 'jungle justice.' The
practice is prevalent and "a well-established component of Nigerian society" before the
police. Exact punishments varied between the hours and heavy beatings followed by
necklacing, i.e., a "muddy treatment." The Aluu four case stirred national indignation.
The continued presence of this practice is the result of the absence of a functioning legal
system and law enforcement, along with corruption.

Palestine and Israel

13
Sivakumar, S. (2015)Press Law and Journalists 11 Universal Law Publishing Co., Gurgaon

32
Palestinians suspected of cooperating with Israel have been slain by Palestinian lynch
mobs. According to a 2001 Human Rights Watch report: hundreds of accused
collaborators, sometimes supported implicitly by the PLO, were hanged, tortured or
murdered during the First Intifada before the PA was constituted. Street murders of
purported employees continue to the current intifada but are far fewer.
The Ramallah lynching occurred on 12 October 2000. The same was done at Elbireh
Police Station, where a Palestinian multitude killed the victims in the West Bank of
Ramallah, controlled by the Palestinian Authority, and disfigured the remains of two
reservists of the Israeli Defense Forces, Vadim Norzhich (Nurzhitz) and Yosef "Yossi"
Abrahami. They thrashed and stabbed the Israelis reservists. A Palestinian (later known
as Aziz Salha), showing the throng, who burst into joy at this time, was showing his
blood-sprinkled hands at a window. The crowd clapped and celebrated as one of the
bodies of the soldier was thrown away and struck by the throng. One was shot, fired, and
his head struck a pulp. Soon after, in the center and beginning an unforeseen victory
party, the crowd dragged two disfigured bodies to Al-Manara Plaza. Police officials tried
to seize the reporters' film.
During July 2014, the 16-year-old Palestinian, Mohammad Abu Khdeir, was abducted by
three Israelis. Ramadan prays in East Jerusalem outside his residence. They dragged him
into their vehicle and beat him on the road into the forested area of Jerusalem, and after
he had been tortured and beaten several times, he was petrol-filled and set fire to him.
Two children were convicted guilty of the murder of Khdeirs on 30 November 2015 and
sentenced to 21 years in jail on 4 February. Ben David was imprisoned for another 20
years on 3 May 2016. 14

On 18 October 2015, a mob of vindictive Israeli soldiers in Beer Sheva's major bus
station had killed an Eritrean asylum seeker, Haftom Zarhum. The Israeli authorities had
misidentified Haftom as being the perpetrator shooting and shooting Israeli police cars.
Moments later, when Haftom was bleeding on the ground, another security force united.
He was shot. Then he was attacked by a soldier on a bank next to him when two other
troops approached the victim. To restrict his movement, another soldier threw on him a
bench. A spectator moved the bench aside at the time, but the security forces put the chair
back and kicked the victim and pushed the stopper off. The victims were evacuated only
8 minutes following their first gunfire by Israeli medical forces. Four security forces in
the context of lynching were charged in January 2016. The civilian Israelis implicated in
the

33
14
The Indian Penal Code (IPC) 1860,(2018) Universal Law Publishing Co., Gurgaon

34
lynching of Eritrean civilians were condemned to 100 days and 2000 shekels of
Community service.
Seven Israeli young people were detained in Jerusalem in August 2012, because of the
lynching of numerous Palestinian young people by multiple witnesses. The Israeli
facilities provided Palestinians with medical and judicial support.

Afghanistan
On 19 March 2015, after being accused by a local mullah of burning a copy of the Quran,
Islam's sacred book, a large multitude in Kabul, Afghanistan battered a young woman,
Farkhunda. Shortly thereafter a throng attacked her and killed her. On the banks of the
Kabul River they fire the young woman's body. While it was not obvious whether the
woman had burnt the Quran, the police and clergy in the city defended lynching and said
the crowd had a right at any costs to defend their faith. They urged the authorities against
taking action against the lynchers. The occurrence took place on the social media and was
shared. The following day, the government of Afghanistan vowed to continue the inquiry
and six men were detained on lynching charge. On 22 March 2015, a big throng of
Kabulans attended the burial of Farkhunda; many called for justice. A group of Afghan
women took her slut, sang slogans and called for justice.

2.3 HISTORY OF MOB LYNCHING IN INDIA

White people have often used violence as a tactic for controlling African Americans
throughout the 19th and early 20th centuries. Lynching was, for example, a popular
means to punish native Americans who are thought to be criminals. A non-statutory
authority is responsible for lynching an informal penalty. In many circumstances,
censoring occurs if a group believes that a criminal has been committed, even if not
prosecuted or convicted. Lynching has also been driven by economic indignation and
efforts to avoid blacks engaging in the political process. Lynching, for example, includes
public hangings, wing bends and other types of harsh punishment and execution.
Lynching is different from other forms of penalty since it is done by a community outside
the judiciary and usually carried out by a group of persons instead of being ordered by a
court or police official. Lynching is a mob crime in which ordinary people come together
to frighten or punish somebody, feeling they have breached any standard of law, morality
or society.

35
Although the origin of the name "lynching" is disputed, a Virginia court judge, known to
detain British loyalists routinely, is reportedly to be in the late 18th century. The practice
is characterized as 'lynching' because it was never indicted and had no jurisdiction to
imprison.
In India, lynchings might represent inter-ethnic animosity. Communities sometimes lynch
those accused or suspected of crimes. An example of this was the 2006 killing of
Kherlanji in Khairlanji in Bhandara, Maharashtra district, in which the four members of
the Dalit family were killed by Kunbi caste members. Although an example of "upper"
caste violence against members of a "lower" caste, this episode has been identified as an
example of communal violence. It was a reprisal for a family which opposed the seizure
of the eminent fields by the Domain in order to build a road that would benefit the group
that killed them. Before being mutilated and murders, the women were exhibited naked in
public. Social scientists deny the classification of caste systems by racial prejudice, which
is related to racial and ethno-cultural disputes intra-race events. 15
Many lynchings have taken place since 2014 in connection with cow vigilante violence in
India, involving mostly the lynching of Indian Muslims and Dalits. A noteworthy
example is Dadri mob lynching in 2015, Jharkhand mob lynching in 2016, Alwar mob
lynching in 2017, and Jharkhand mob lynching in 2019. In July 2018, a group of cow
guards murdered a 31-yr-old muslim, Rakbar Khan, for the third time in Alwar.
In the lynching of Dimapur's mob in 2015, a mob ran into prison in Nagaland and
lynched the alleged rapist in anticipation of trial on 5 March 2015.
As a result of the transmission of bogus news linked to children abduction and harvesting
of organs via a WhatsApp chat service, India has been living with another spat since May
2017, when seven individuals were lynched in Jharkhand.
2018 2018 In a case of alleged cow vigilantism in June 2017, Indian June Minister of
Junior Civil Aviation had garlanded and lauded eight men sentenced in Ramgarh to lynch
trader Alimuddin Ansari.
In June 2019, a massive protest was sparked by the Jharkhand mass lynching. The victim
was a Muslim and was supposed to recite Hindu chants, such as "Jai Shri Ram."
In July 2019, in Chhapra, district of Bihar, three men were killed and lynched by crowds
in a small instance of theft of bovine animals.

15
Code of Criminal Procedure (CrPC), 1973,(2019) Universal Law Publishing Co., Gurgaon

36
After panchayats ruled that they practice black magic, four citizens were lynched by
Jharkhand villagers in witchcraft suspicion.

The response of Mark Twain to Missouri racial lynching in 1901 was one of the stingiest
descriptions never to be published of the perils of mob violence (at least by the author in
his lifetime). In it he saw the risk of America becoming "Lyncher Dom's USA." More
than a century later, the secular republic of India seems to be in the throes of comparable
terror. Based on the content analysis of news sources, an Indi Spend investigation
recently concluded: "In the first six months of 2017, 20 cow terrorism assaults were
reported — more than 75 percent of 2016, the deadliest year since 2010. The assaults
include mob lynching, attack by alarms, assassination and assassination attempts,
harassment and assault. The victims were knelt, stripped off and beaten in two assaults
while the victims were hanged in two others."
Another analysis of the violence in the mob and public disorders of the Observer
Research Analysis period between January 2011 and June 2017 shows that the proportion
of cow violence has risen significantly from 5% of the total (lynchings or public
disorders) incidents to over 20% by the end of June 2017. 16
Among a broad part of the populace the pain against this latest mob violence was evident.
Recently, there have also been several rallies and rallies in several parts of the country,
including "Not in My Name" campaigns.

Everyone condemns mob lynching deaths, so what is the problem?

In the mainstream media, there were already a lot of opinions about the killing of people
in India by mob lynching. A unifying thread emerging among the right wing and left is
the absence of vigilantism and mass lynching in society. Its presence shows an
inadequate position in law and order and stops society from tackling other important
development problems and addressing them.
However, the dimension of perceived development of this mob violence in the last few
years and its linkage to the rising right wing in power goes beyond the reasonable
concern of law and order. It has been eloquently pointed out that this recent spate of mob-
lynching shows the indifference of a state and a majoritarian denying of reality, that it is
the deliberate persecution of hate-based minorities, an anti-Muslim feeling promoted by
the current dispensation of the Rastriya Swayamsevak Sangh-Bhartiya Janata Party.
The

37
16
Representation of The People Act, 1951 (2016) Universal Law Publishing Co., Gurgaon

38
effects of the regulation passed on livestock trafficking and the now infamous growth of
cow vigilance in India are now loud.
However, there are certain elements in the media that in actuality deny such perception.
They point out that in the past, especially before the present central authority, the horrific
history of mass violence and massacres was a matter in law and order. lynching was
fundamentally an issue. They believe that in politically inclined mainstream media there
is only a "story" that tries to hold the central government of the BJP, the RSS and the
result of such "selective and bigoted condemnation" that is, the removal of law
enforcement and of moderates from discourse.
The matter therefore concerns an examination of trends in recent times in the Indian mob
violence and lynchings.

2.4 COMMUNAL LYNCHINGS: A NEW FORM OF HATE CRIME

Without official information on mob violence and lynching, news material might
definitely be an essential data source in relation to these crimes. Any such content
analysis on mob violence can clearly distinguish certain insightful characteristics.
Between 2010 and 2017 the authors of this article specifically searched Google News for
'mob lynching' in India. India Spend employs various key words such as "cow-
vigilantes," "gau rakshaks", "beef," "lynched," "cow massacre," "cow theft," 'beefs
smuggler" and "cat seller." The practice has somewhat similar to that used by India
Spend. The results of the article India Spend were not reproduced and can be found
independently here.
The biggest trend from our data collection is the lynching of people by a mob acting as a
perpetrator of a special penalty. They also involve lynching persons charged with small
crimes, persons charged with murder and rape and anybody seen to be deviants by the
masses. Mob-violence on the basis of races against African and African American
students and tourists have been a number of examples.
In addition to the events we examined, three more major questions are not included here
as the incident count relating to these issues is too high and should be investigated
independently. Moreover, cases associated with these problems are not typically
recorded. Firstly, there are witch-hunting lynching deaths. These numbers in themselves
are alarming. A research shows that 2,097 similar assassinations have place in at least 12
countries between 2000 and 2012. The second type concerns the historical problem of
Dalits caste violence. The atrocities of castes typically involve lynching but are not
frequently recorded. Of course, the aim of these public demonstrations of violence is to

39
terrify by setting an example. Curious enough, a rumor of cow killing in 2002, in which

40
five Dalits of Hariaana are slaughtered by a frenzied mob, was one of the first publicly
recorded incidents of mobs lynching based on bovine problems recently. The third
comprises lynching events during disturbances or caused by disturbances (for instance in
Muzaffarnagar as well as in Kokrajhar). Those incidents are part of local violence and
disturbances and should be taken into account independently. 17
The history of the mob violence and lynching in India is evident and reflects a culture
with perceptible relics of pre-modern values—the most apparent example of which is the
barboric caste system. However, the following listing demonstrates the establishment of
an entirely new category of violence - bovin-related mob lynching murders - with data
provided by IndiaSpend (while covering a total of 101 occurrences). The victims are
predominantly Muslims, caused by rumors generally founded on prejudications towards a
community. This group has its own peculiarities. It also shows that in the last three years
the proportion of such lynching has increased among all occurrences of mass violence.
Strangely speaking, the IndiaSpend analysis shows that over the past three years, during
the previous three years, 97 percent of all attacks focused on bovine issues were
registered. If, following the establishment of cow-protection and bovine trade restrictions,
61 of 63 such occurrences are recorded, then it clearly indicates that an entirely new trend
of mob violence in India has grown under the present government regime (this includes
the fact that a majority of the cases have been reported in BJP-governed states).
Construction of a culture of impunity
So, an argument raises the question instantly, what is why this new form of lynching is
growing? Is this a manifestation of a hidden aversion to the community that was always a
symptom of an imperfect project of democracy? Or is it all a fresh feeling that originated
at the end of the 20th century? A further socio-economic and political analyzes would be
required in response to this question. However, it is the culture of impunity that has been
created under this new RSS-BJP system that we would like to make the limited assertion
that this type of common sense and related mass violence have flourished suddenly.18
Communal polarization has historically been one of the most important strategies of the
Hindu Right-wing. During the general elections in 2014, the functioning of this method
was easily demonstrated and continued unceasingly. In the so-called "pink revolution,"
the Prime Minister spoke against the meat and cattle trade. A cultivation of impunity, a
result of the same tactic, planned and unforeseen by the fanatical Hindutva groups who
commit such hate crimes.

17
Protection of Civil Rights Act, 1955 (2019) Universal Law Publishing Co., Gurgaon
18
Law Commission of India Report

41
This culture of impunity is a reflection of the response of the government and the
government since the first occurrence of bovine-related popular lynching under the
current distribution. The filing of lawsuits against the victims of these hate crimes as a
starting step is only one example: the administration's sympathy is not lacking in subtle
and unsubtle clues. In these circumstances, no single instance of forceful denunciation
has been seen by government entities. Instead, similar incidents have been sometimes
followed by strong and encouraging words for the perpetrators. Tourism Minister Mahesh
Sharma is said to have said, "(murder) was taken in response to this occurrence when he
visited the funeral of Mohammad Akhlaq's defendant (cow slaughter). Also, there was a
girl in this house of seventeen years. Near lagaaya ungli (nobody touched her) is not used
by Kisi. ML Khattar, Haryana's chief minister, called it a mismanagement and re-
established prejudices, "They may be Muslim even after they quit eating beef, can't they?
It is written in any place that Muslims must eat beef and not that they must eat beef
anywhere in Christianity." The president of the BJP (BJP), Amit Shah, made clear that
there had been more lynching before the NDA administration and "no fears of the deaths
caused by lynching." He rejected the question about the fears. This contradicts his
assertion of action against cow vigilante in April 2017. Also, a seemingly ineffectual
warning was sent by a prime minister, who was compelled to rupture his deafening
silence. In Jharkhand, a guy on social media was lynched on the assumption he was
carrying beef in his vehicle on the very day of his warning.
Although such lynching has served to shake dread in the minority population,
government responses to this act of public violence have reinforced the sense that such
fanaticism goes outside the sphere of law, rather than any response worth the name. This
impression, on the other hand, has led to an acceptance by the perpetrators. In fact, it has
meant that what had until recently been deemed to be the margins were mainstreamed.
The fringe "being out" is now promoted in every way that it is continued, in so far as it
gives an illusion that it is normal and that the social relations between majorities and
minorities are actually in danger of being broken apart. 19
In some of the more recent cases, when the lynching was much more public, the
normalizing of such violence occurred in front of a multitude of people who observed and
did not intervene. Actually, they even refused to bear witness. A youth is attacked and his

19
https://www.coe.int/en/web/european-commission-against-racism-and-intolerance/hate-speech-
and- violence

42
assailants comment on his supposed eating habits and his religious identity, he is badly
damaged and nobody comes to his aid.
This, as a matter of fact, did happen and is not an account of a biased media.
It is this normalization of the horrific lynching act that Mark Twain was deeply afraid of
fearing that one of them would create many. This also recalls the standard violence
against SC/ST communities and the administration's repeated failure to register cases
under the act of atrocities.
Although this is definitely a law-and-order issue, we can't afford to allow it to become a
reason why these lynching fatalities are fundamental aspects of community prejudice and
hatred. It is encouraging or silencing the government apparatus and the law enforcement
agencies. And if the authorities who decry the act of lynching and not the foundation of
it, they allow such intolerance and tyranny indirectly or directly. The impunity offered to
such vigilants, because they support a certain ideology, is normalizing this new sort of
hate crime. If such violence persists, the principles of democracy that built the vision of
India could be irreversibly damaged.
If we fail to acknowledge and describe this new kind of violence in India, we are simply
exempt from retrospect and prevent political progress towards a solution to our society.
Unfortunately, although the risk was properly assessed, Mark Twain chose to remain
silent. Will the moderates in India now choose the same thing? This is to be judged by
history.

In popular culture "Strange Fruit", a 1937 song composed by Abel Meeropol, a Jewish
schoolteacher from New York New York inspired by the photograph of a lynching in
Marion, Indiana. The snapshot "haunted myself for days," Meeropol claimed. It has also
been published under the alias Lewis Allan as a poem in the New York Teacher and later,
in the magazine New Masses. The poem was played and popularized by Billie Holiday,
and was also made by Meeropol. On July 1939, the song was 16th in the charts. Many
other vocalists, including Nina Simone, sung the song. 20
The Hateful Eight
In the post-Civil War Americas film The Hateful Eight of 2015 displays a thorough and
closely focused lynching of a White woman in the end, leading some discussion on
whether this criticism is political on racism and hate in America or whether it was merely
for entertainment value.

43
20
https://definitions.uslegal.com/h/hate-speech

44
Michiel de Ruyter
Admiral version, Michiel de Ruyter, English. A Dutch biographical film showing the
murder in 1672 by a carefully prepared lynch mob in the Netherlands of the Dutch
politicians Johan de Witt and Cornelis de Witt.

Fast forward to the 20th century

Lynching was never legal, but many courts in the South frequently looked the other way
and only few persons were ever tried or convicted of their participation in lynching. This
led to a continuation of culture into the 20th century.
For example, in Indiana in 1930, when 2 African American males were caught on the
murder of a manufacturing worker, a final confirmed torture in North America took
place. Thomas Shipp and Abram Smith, the culprits, are alleged that they have killed a
white man and raped his friend. A white mob, including the police, went into prison and
liberated the guys before the trial began. They've been hanged then.
In the latest slaughter in the U.S., Michael Donald was 19, after having hang him on a
tree outside his home by the KKK members in Mobile, AL.

The reason behind the crowd chasing and the crowd chasing events
Mob Lynching's rapid expansion in India shows how strange human behavior is. In the
view of Mob who was involved in the crime, Mob Lynching is the damage or killing of a
criminal or public prosecutor. Some of the popular mass lynching events that have taken
place in India are as follows:
Caste and Religious motivated: 21
Violence and religion are ingrained in India on behalf of Caste. Intolerance and
antagonism to another religion and extinction on behalf of identity, practice, culture and
repair is the source of the increasingly current incidents of the crowd. In 2002, five Dalits
from Haryana were subjected to cow slaughter rumors, and the masses exhibit sympathy
to religion through the recent riots in Muzaffarnagar and the Kokrajhar riots. In
September 2015, a Hindu Mob gang in UP Bidarah village, which was identified in the
name of a cow as the first Hindu Mob to lynch the Muslim, tortured Mohammad Akhlaq
and his son Denmark on the suspicion of robbing and murdering a calf and storing meat
for dinner, The event was called Dadri Lynching and the country was shamed.

21
https://scroll.in/article/863176/2017-india-is-undercounting-religious-hate-crimes-by-not-
invoking-a- crucial-section-of-the-law

45
A crowd known as 'GauRakshak' targeted cattle in Chatra in Jharkhand district
mercilessly tortured Mazumum Ansari (age 32) and Imteyaz Khan (age 15). They were
suspected of smuggling cows, but actually they established a livestock market and were
about to sell eight cows. A Muslim youngster, who was accused of terror, Pakistan, the
anti-national purchase, and the meats of two of his brothers murdered by a Hindu mob in
June 2017, has gone away. At first there was an argument on the train seat and a new boy
died.
The wake of a cow vigilance
However, under the ban of the Cruelty to Animals Command (26 May), the Government
established a ban on the sale and purchase of killed cattle on animal markets across India
and a new wave of livestock surveillance in the country was sparked. Although in its
decision of July 2017 the Supreme Court stopped selling beef, it supported the billions of
dollars in bees and leather and numerous provinces in which beef was among the first
foodstuffs to increase in attacks accused of eating beef by Muslims. This terrible atrocity
killed many innocent Muslims. However, human rights specialists charging the masses
are not right and they aim to identify such violence, highlight organizations or groups of
unscrupulous individuals that support such crimes. Often considered as natural
phenomena and are the automatic reaction of Hindus who are frequently furious with
news of livestock slaughter and trafficking. But this is not mainly the case. 22

Akbar was carrying cows with a friend on foot in August 2018. Gao Raksha of VHP
attacked him for reportedly trafficking in livestock. He was killed in custody by the
police. Recently, the majority of Muslim minority and community members of the Dalit
community have been victims of human cruelty and violence, culminating in 34 killings
and 2 rapes, in the past several years particularly in 2015. Most were in Haryana (9
murders, two rapes), Uttar Pradesh (9 murders), and Jharkhand (8 slain), West Bengal (5
murderers) (Citizens Against Hate, 2017).

In addition to the Muslim community, lynching organizations targeted other smaller

communities. Christian attacks remain, but events involving churches and priests
accusing Hindus of conversion to Christianity continue (Apoorva Nand, 2017). In 2016,
seven Dalit family members in the state of Gujarat, which led to major demonstrations by
the Dalit community, were attacked by livestock soldiers. Historical violence by Caste
against Dalits is all crowded, including rape, killings and other forms of physical attack.
One of the first

46
22
https://scroll.in/article/912533/the-modi-years-what-has-fuelled-rising-mob-violence-in-india

47
bovine lords in Gujarat was the case of deportation of cows in which the Gau Rakhskak
Dals publicly attacked 7 Dalit youth for killing a dead cow (20 July 2016) (Citizens Fight
Mzondo, 2017).
Motivated business and politics:
The political elite and stand remained silent despite the violent outbreaks. Human rights
observers believe that a large number of people who rule the country keep or seize power
by means of a political system that is aggressive and violent are quickly growing in
politics behind lynching. They have also developed their political careers to propagate
violence against young people, where the majority feel strong and powerful. The political
class avoids visiting victims or their families for survival, except for their cultural
rejection.
Economy and Politics always plays a big role in the mob lynching. City crowds are an
easy way to grab property and land. Kherlanji Massacre the first case in lynching was the
case of Maharashtra in 2006. Roughly 50 individuals in the area beat members of the four
family and paraded naked women and daughters before they were killed due to the globe
wars. A different sort of Hindutva-based political ideology plays an important part in this.
In the case of Mob lynching, people in the name of religion, culture and culture might
easily sway them. On 24 January 2009, a large outfit in a pub in Mangalore attacked a
group of women who alleged that the women violated Indian values. It is easy to organize
the audience through religion, caste, sex and so forth. As an agenda for politics. The
historically based religion and texts that hated the community to play their political card
in elections led India, and other political organizations, as well as groupings, to mob
violence. That is cheap and the greatest strategy to win India's elections because the
majority of India's population are religious. Beef, squire of Romeo, Ghar Vapsi and jihad
of love, etc. Everything has been politically motivated to separate and benefit the public.
23

Rumors of baby lifters

Child abductor rumors showed that WhatsApp posts were sent to Odisha, Tamil Nadu,
Gujarat, Karnataka, Telangana, Tripura or West Bengal. The violence against the mob
was a point of reference. Many domestic guests, hearts of the audience and audiences
have been taken with it. At least 20 individuals died and a number of injured incidents
sprang out a notion that there had been an abduction of 10 states three months ago
according to a number of sources.

48
23
William Hyde and Howard L. Conrad (eds.), Encyclopedia of the History of St. Louis: A
Compendium of History and Biography for Ready Reference: Volume 4. New York: Southern
History Company, 1899; pg. 1913.

49
Lack of proper policing
Violence incidents and supposition that children have Child raising is associated with the
lack of public faith in the police. Common guy thinks that the police can't locate the
offenders and heal children who have been kidnapped. AccOnly 41,893 cases (2015),
37,854 cases of child abduction (2016), according to home service statistics (2014). The
police found in just 40 cases each charged the kidnappers in 2016 and around 23 percent
decided in 2016. About three out of four individuals charged of kidnapping are released.
The government should also be suspect and attempt to put an end to the rumors of
bullying. One option would be to witness social media rumors spread much before the
waves, his wrath and irritation at the innocent people.

2.5 MOB JUSTICE:

The Indians try to be judges to do justice themselves by explaining the laws and
regulations of the people by ignoring the legal provisions and consequences of crime, less
strict police, and progressively approaching the law. Mob Justice: The President of
JNUSU, Kanhaiya Kumar, was arrested for sedition and detained in February 2016. The
attorneys were thrashed when they were brought before the Court in Patiala House. In
May 2017, groups of students from Delhi University arrested an e-rickshaw driver.
The incident took place when the driver allowed two alcoholic students outside the
community to later come back to catch the driver with a group of students (First Post,
2017). In June 2017, at least 250 people who were suspected child lifters in Guwahati
beat the two young people (Tehelka, 2018). More than 27 persons were murdered during
the suspected upbringing of children in 2017. In law, you gain political parties' backing
sometimes.
Hunting Witches: Witch hunts are a historical problem of India based only on the "Witch
Hunting" movement, including that which calls a woman a witch, especially after Ojha
has confirmed the wife to be a witch (The Prevention of Witch Hunting Bill, 2016).
Chasing witches involves torturing and murdering a woman who believes she has bad
magic powers. Mob participation in torture and assassination victims in hunting Reasons
for the world's hunts, schooling, family disputes, property, tyranny, superstition,
oppression, subordination, sexual advance and human characteristics. According to the
2014 criminal records, over 2100 accused witches were executed between 2000 and
2012. In the witch hunting procedure in India between 2000 and 2015, almost 2 200
incidents had been recorded (National Crime Record Bureau 2016). Shede Cashte and
Women of the Tribe Program are the most victims of witch hunts. Investigators said

50
they are targeted and

51
participate in witch hunting for other people in the shroud of superstition against women
in order to capture and defend the globe. Sometimes, women questioning social standards
are punished (Laxmi, 2005). 24
A 50-year-old mother and her daughter were accused of bruising, torture and
assassination by a mob in 2014 in Djharkhand (Washington Post, 2014). After taking
middle-aged ladies to their houses, five alleged sorcerers were kidnapped in Jharkhand
and killed by public servants in August 2015. A couple were kidnapped in August 2016
for suspected bruises in Assam. A throng from a local area spotted on the sidewalk forced
the couple out of their residence. The event took place before their ten-year-old daughter
(Telegraph India, 2017). In July 2015, a woman from Adivasi was removed from her
home and murdered by a mob following her witchcraft reported by a priest from her local
community (Telegraph India, 2017). In July 2015, in Mundasahi district of Keonjhar,
after having been accused by the family of witchcraft Villages assaulted the family of
Guru Munda, a 40-year-old victim. Munda, his wife, Budhini, were cruelly murdered two
daughters and two boys (Tehelka, 2018).
In 2014 in Rajasthan state, Kesi Chadana, a 40-year-old lady, is alleged to be a witch. His
neighbors stripped him nude, put on the shoe hat, placed on his head heavy stones, and
went through the village of neighboring donkey dwellings (Ahuja, 2018). Women known
as witches have a high level of physical and mental abuse. They must swallow human
urine and face, consume human flesh, or drink poultry" (Live Mint, 2015).

Following cases are noteworthy in this regard:

In 2016, the group described how animals were brought for slaughter by some individuals
in the same region, Jharkhand two individuals were killed by the local "Cow" protection.
25

A 40-year-old doctor, including four kids, was murdered in 2016 in New Delhi by a
group of people. The throng was aroused by a woman's hateful speech.
When the provocative message of a chair with someone from another group was
disseminated in 2017, a Haryan man was assassinated.

24
Brown, Jacqueline Nassy (2005). Dropping Anchor, Setting Sail: Geographies of Race in Black
Liverpool. Princeton University Press, pp. 21, 23, 144.
25
Tehsin S. Poonawala Vs. Union of India and other (2018)

52
In 2017, after a 14-year-old woman left for the area, a mentally ill woman was killed in
West Bengal. There was also a hate message to kidnappers from Bangladesh who work in
the area.
In 2017, a person in Jharkhand was killed in possession of a guy by a cattle protection
squad The last case of mass expulsion with hatred speech via social media attacks,
finishing a message to WhatsApp from a gang of falilantes calling them on the scene.
In 2018, a man was slain by a mob in Bihar in a message that several people were there.
Other persons received stones from the community.
A huge attack by Hindi-speaking people in Andhra Pradesh in 2018 is a bogus hatred
Messages that Bihar and Jharkhand youth gangs worked on the world have been
distributed.
In the news of Bihar district livestock theft, a 44-year-old woman was brutally murdered
in 2019.
Mass deportation in India in recent years (2020): Palghar's case
In Maharashtra's Palghar district, three men have been killed after he is supposed to be
accused of being kidnapped and organ harvesters.
The event took place on the evening of 16 April when Mahant KalpavrukshaGiri, 35
years old, and Sushilgiry Maharaj 35 years old, a Kandivali ashram, chose to travel on
funeral to Surat. This event took place at Kandivali on 29 August.
The two then rented a vehicle from Kandivali to Shuq piloted by Nilesh Yelgade (30). All
three of them seem to have used back roads of the Palghar region in Gujarat instead of
using the Mumbai-Gujarat motorway in an attempt to avoid stopping.

The forest department manager near Gadchinchle has appointed the three men. All three
were welcomed by a warning group and attacked while talking to the guard. A bunch of
Gadchinchle villagers parked their car and attacked them with stones, wood and axles in a
village in the vicinity of Palghar.

2.6 ORIGIN & DEVELOPMENT OF LYNCHING

During the American Revolution, the term 'Lynch,' which is a penalty without trial, has
been used to originate. The word 'Lynch' Two American men known as Charles Lynch
and William Lynch from Virginia derived the phrase 'Lynch' or 'Lynch Law.' In 1782
Charles Lynch claimed that Lynch Laws to deal with the 'Negroes' were granted to 'the
Loyalists' or 'Tories,' the backers of the British side.

53
Lynch denotes killing, in particular, by suspension, mob actions and without legal
authorization, according to the English definition. Lynching, that is, an illegitimate
assassination by a furious crowd.

2.7 RISE OF MOB LYNCHING IN INDIA

India is observing a high rise in cases relating to lynching. When people make legislation
in their own hands, the victim who threatens their lives might be hazardous. We cannot
say the reason for a mass lynching in particular, but we know that the victim has
committed certain crimes against this community, which damaged his thoughts, when
there might be a lack of government law-making in their hands. The victims committed
certain crimes. In India, Lynch's victims are mainly minorities such as Dalits and
Muslims in that particular location. We see a Muslim lynched in India in several
instances. The most simple causes which may have been resolved in a way without
violence are some of the insurrections for mob lynching. We must recall that India is a
different nation, even though Hindus are the majority of Indian citizens, it is not simply
Hindus. The Muslims and Hindus also played an equal part and fought for independence
of the nations. In a historical perspective we would also note that there is a majority of
the Hindu population as a whole, yet we would see that Hindus are also minors in several
nations if we compute the majority within countries. And Hindus can't claim the territory
in those countries arguing that it falls and belongs to Hindus in India. Incredible India is
combined by Muslims, Hindus, Jains, Sikhs, Parsis and Buddhists and Christians.
Therefore, all Indians should be regarded as our brothers and sisters and no hate crimes
such as lynching against the minorities should be committed, but rather protected one
another. The Hindus see the Cow as a holy animal and Muslims and Christians eat the
cow. In the name of the cow slaughter, some Muslims were lynched. 26

The morning chores awaited us. I entered the kitchen, and your dad was busily loading the
washing machine in the whitener and soaking your school clothing. As I prepared

26
India ’s ratio of 138 police personnel per lakh of population fifth lowest among 71 countries ” ,
The Economic Times , 13 July 2018. https://economictimes.indiatimes.com/news/defence/indias -
ratio - of - 138 - police - personnel - per - lakh - of - population - fifth - lowest - among - 71 -
countries/articleshow/48264737.cms. Accessed on 21 may 2021

54
breakfast, there came to me a strong memory of a quiet protest on TV a few of months
earlier. It's an event to protest and to complain about the country's rash of lynching.
Some others in the audience held candles, wax dropped slowly on their fingers and sang
them lightly. Certain flags were painted with daring phrases. Others were standing and
chatting in groups. Some of them used to smoke. Night fell. Night fell. It was a silent
demonstration. Anger, indignation, bewilderment and grief filled the air. I saw multiple
folks, my associates, neighbors and the people who I encountered in my life at various
periods.

Prominent people, social activists and political commentators were also present. The
news journalists mixed up with sound bites in the crowd. Audible on the microphone was
the roar of the traffic. A woman with a gray pepper, a great black Bindi, and laced with
coal, claimed: "The essence of India is being attacked. India is not a violent country." In a
deep Baritone, one man remarked, "India is Buddha's country and Gandhi is watered by
the peaceful Ganga rivers. A land that is cleansed by the Bhakti saints' teachings. Ganga-
Jamuni Sanskriti's Cradle."

India, according to him, was an ocean that merged into it with varied human rivulets. He
claimed that violence overwhelmed the country of non-violence and tolerance and Indian
history was shaped off. I remembered the same uncomfortable feeling as I was watching
the program now.

Your fathers brought up the morning meeting, as we settled down for breakfast: "So what
are you doing from the claims of Bhalla's uncle?" Bhalla's monologue, I was still
absorbing. "I empathize with Bhalla, uncle," your father added. Unke Partition, unke
Parivar ne dauraan bahut maar-kaat dekhi hogi." What do we know? What do we know?
During the partition, his family must have experienced some genuine violence.

"These violent events are like a dungeon which is ineluctably. It's all within them — the
identity and perceptions." Your dad contradicted: "So do you think that your experience
is unreasonable? Outside their experience they can't think?" "Perhaps not," I shrugged
with resignation.

"I find Bhalla's solid opinion that a victim is somewhat frightening. He continued. The
idea that Hindus are the only people who were mistaken. Do you remember Manto's

55
"Khol do,"

56
where he portrays the abuse towards their wives by the men of the community? The
'pinjar' bhi to yahi darshati hai' Aur Amrita Pritam ki represents likewise the same thing.27

“Hmm. Do you think that it is necessary to put people's proof against or hold them to
"facts?" I'm not sure Bhalla will make him modify his narrative, as I tell uncle about
Manto. Amrita Pritam. You know, what I find even weirder than the statements of Bhalla
Uncle is that India is a country of nonviolence." Remembering the woman at the silent
demonstration I saw on TV, I kept on dying.
"Look to ahimsa ka you dawa hi lagta hai mithak. This non-violence assertion is, I
believe, in fact a fantasy. Are they not always a relative of low life as Duriodhana and
Shishupal or the vile offender such as Kamsa and Ravana or predatory aliens as Greek or
Turkish, Mongol or British?? Are there any violent crimes against men or women in
literature or in history? The heroes never commit violence. They go to war only as noble
proponents or guards of the Dharma."
I warmed up: I warmed up: "Have they not restored moral order by slaying an unarmed
Karna while he changed his chariot's wheel? Was it not their fortitude, by pulling his
arms down by sending them the falsed news of his son's death, to slay their guru,
Dronacharya. Robbing Eklavya of his thumb so he didn't fight Arjuna for a virtuous act
was the biggest archer's title, wasn't it? By broking his thighs, a competition prohibited in
the name of virtue, Duryodhana was defeated. Lakshmana had done her ugly
denomination of love for an Aryan monarch, by severing the nose of Surpanakha.

"Hindu devi-devta astra-shastra lais hatred Kya fark padta hai agar saare. What is it that
all Hindu Gods come to be waved against the unrightesous with war weapons—trident,
chakra, bow and arrow, staves, spikes, axes, and mace? That is why their aggression is
never viewed in and of itself as violence. Where hinsa, hinsa hai hi nahi. where hinsa.
And so, we never stopped to reverence the Gita in the name of Lord Ram or to celebrate
the Ganapati Festival or Diwali.

As I remarked, "Kyon hall hain ye, then why cry foul, when some young men slay
Akhlaq to avenge their dharma? I felt more upset. Maybe they only fail, because with
their bare hands they killed him and not with devout weaponry.

27
Aman Gupta MOB LYNCHING, THE CONUNDRUM OF INSTANT JUSTICE - National Law
University, Jodhpur, The World Journal on Juristic Polity Jan‟18

57
Only then did Surinder Singhji, a dairy person, shoot the bell each morning. He comes to
distribute polybags from fresh cow's milking from the Arya Samaj gauze in Ghazipur.
After you placed them in the kitchen, your father got up to purchase milk and returned to
the table. "Honestly, one part of me feels, by believing in India's vision of a country of
non- violence, violence is spurred on by free passage to all those who are committing it. I
am a little bit hurry, because the egg is ready to boil the milk. In a manner, even when we
talk for humanity and oppose the death sentence, this makes us complicit in a complot of
deliberate ignorance. Sometimes I ask whether we are aware of forgiveness or honest
naivety." 28

You know, babu, Zahid Ahmad, Muhammad Akhlaq, Mazloom Ansari, Imtiaz Khan,
Mustain Abbas, Vashram Sarvaiya are all said to have been assassinated "by the hands of
unknown people," as are the brothers Muhammad Elisa and Pehlu Khan. Bheed ne mara
with a mob. The mass of people who want to receive collective vengeance are inseparable
from each other. Since all are culpable, no one is actually culpable. The sharing of guilt
between the masses dilutes it. It's neutralizing. It disincarnates.

Here's the secret, however. In fact, they have been killed by known people. His names we
know. Our faces are known. We grew up with them. We grew up with them. His joyful
birth was celebrated. Walks with them in the morning. They shared food. Their marriages
attended. They've been accommodated in our household. Every morning when we brush
our teeth, we see them looking back at us. They're us. They're us. Where do you go?
People on our side of the wall on the border.

Those who proclaimed non-violence as the essence of Indian life are not very different
from those who felt Godse. Let me make a small detour and remark that the need for a
composite tradition in India and the Bhakti movement permits us to neatly brush aside
conversations concerning caste discrimination. As though we are confronted by the
universe of syncretic culture and the egalitarian ideology of the Saints of Bhakti. It helps
us “de-caste” ourselves while keeping our caste privilege intact.
Similarly, we assume that our selves are distracted by violence. Perhaps you do not know
or, perhaps, violence is also the essence of Indian culture. Dharohar hai, Hinsa bhi
tumhari

28
Christopher Clarl, ‘“People call us before they call the police ’a vigilante group’s quest for
rd may
legitimacy”, News24 [23 2021 6:36] https://www.news24.com/SouthAfrica/News/people-
58
call-us-before-they-call- the-police-a-vigilante-groups-quest-for-legitimacy-20170823

59
hai. Violence is also India's legacy from one generation to the next. Tolerance has also
been a history of tolerance to violence.
Should we lament that 'beef criminals' are murdered? Or should it be regretted at the
distortion of the "witnesses" of lynching? Or again, it is our family, friends and fellow
Indians who see these murders as a recompense - a time to pay for those communities
you should moan? Or are the ones who use these assassinations to build and unite the
majority society throughout the many classes, castes, generation and regions? Or those
who ask rightly why not create such a furore by a Hindu's death?
It was not always the State, rulers, police, or soldiers that committed this atrocity, but
also our silence. We look away from uncomfortable facts and our blindness to our
societal privileges, and we can discover our unrecovered privilege as a benefit or a
benefit of hard effort. It renders us silent or glorifies the core of non-violence. Babu, we
have lynched our souls to our silence.

2.8 CASES RELATED TO MOB LYNCHING IN INDIA:

1. Khairlanji Massacre 2006

th
On 29 September 2006, the first case reported in India relating to lynching. It
occurred at 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

2. Dimapur Lynching 2015

A person named Syed Farid Khan was accused of rape on 5 March 2015 in Dimapur, a
district of Nagaland. In the center of Dimapur a group of irate people broke up and
lynched the defendants

3. Dadri Lynching 2015

60
A lynching event was reported in the village of Bisara, Uttar Pradesh, on 28 September
2015. Mohammad Akhlaq and his Danish son have been accused by a bunch of hindu
mobs that they are robbing and killing a cow's cat and that they are hoarding flesh to eat.
This was the first Hindu mob to lynch a Muslim on behalf of cattle and meat.

4. Chatra District Lynching 2016

On March 18th 2016, a mob called the 'Gau Rakshak' who's the cow guard in Chatra,
Jharkhand district, brutally lynched Mazlum Ansari(32) and Imteyaz Khan (15). They
were accused of bovine trafficking yet they actually operated a cattle market and were
about to sell eight bovine animals

5. Alwar, Rajasthan Lynching 2017:

On 5 April 2017, Pehlu Khan and 14 others, similar to prior cases, were charged with
trafficking in livestock and lynched by cow watchmen. The unsettling element was that
Khan, who was permitted by government to transport cows, had been sued by the police.

6. Jharkhand Lynching 2017

On 18 May 2017 we saw seven men accused of having raised children and were lynched
by their people in the Jharkhand districts. Violence arose because warning letters about
children's lifters in the district being circulated through WhatsApp. The other three were
Hindus, while four were Muslims.

7. Delhi Lynching 2017

A crowd of students from Delhi University lynched an e-rickshaw driver on 25 May

2017. The event occurred after two drunken students had stopped urinating and
subsequently returned with a mob of students to lynch the driver. The incident happened

8. Pratapgarh, Rajasthan Lynching 2017

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On 17 June 2017, a government civil officer, Zafar Khan, identified an activist in the
Pratapgarh District, who took images of women who were defecating and stopped them
from taking images of them. There was an altercation where some said the activist was
caught, but the police claimed that his death was due to a heart attack and there was no
trace of killing after the mortem.

9. Haryana Lynching 2017

Three Muslim brothers traveled to Ballabhgarh by EMU train on 22 June 2017.

Sometimes India is overcrowded by public transit, which makes it tough for people to
move and sometimes bumps on copassengers. During the journey, the brothers arose over
train seats. The brothers were also suspected of being Muslims, anti-nationals or terrorists
of Pakistan, and also of having consumed beef and of transporting it immediately with an
altercation when a crowd of Hindus slaughtered them. His brother lived, although after
several staves, Juneiad was stung to death 29

10. Srinagar, Jammu and Kashmir Lynching 2017

The same day, June 22, Mohammad Ayub Pandith, deputy Superintendent of Police, had
been lynched by a bunch of irate mobs outside Jamai Masjid, Nowhatta. Some sources
suggest he opened fire on few who took him pictures of the masjid, while another one
says that he was in his service when he was assaulted by a crowd who used his handgun
as a defense

11. Jalwe, Jharkhand Lynching 2017

A raging mass of villagers allegedly shot to kill Mithun Hansda, suspected of rape and
assassinating an 8-year-old girl on 29 June 2017.

12. Thoubal, Manipur Lynching 2017

29
Lynching [Internet]. En.wikipedia.org. 2019 [cited 7 June 2021]. Available from: https://
en.wikipedia.org/wiki/Lynching

62
On 29 June 2017 the irate crowd in Thoubal district of Manipur, Md Rakib Ali (19years)
Md Anish (20years). The Chief Minister Nongthombam Biren Singh shared a video clip
on his page on Facebook the very next day.

In this year, there has been a dramatic upsurge in incidences of mob lynching in India.
Why did individuals have the right to punish the accused in their own hands? Is it
because the Government has not taken part in taking action against the criminals or
because close families of the victims of the perpetrators themselves wish to take revenge?
Does the nation today have no rule of law? Lynching is not the correct technique to deal
with a defendant because the defendant can be an innocent person. If this trend continues
in innocent lives, the conduct of the wicked is threatened.

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 CHAPTER – 3
LAWS ON MOB LYNCHING

3.1 INTRODUCTION
The rule of law is the pillar of Indian Democracy as the rule of law Governs our Country.
Both individuals and the government must comply with the rule of law. If penalty for a
crime is not allowed under law, it cannot, regardless of the significance and atrocity of
the act, be carried out even by the Government. Any person committing a crime may only
be punished through the legal proceedings. Although the residents are provided with
several safeguards and rights, the number of mob lynching events has been constantly
increasing. The mob only takes the law in its hands and conveys "justice" through
lynching it, based on suspicion.
Now the question arises ‘what is mob lynching’?
Lynching is the words of the Oxford English dictionary "the murder of a mob without
any legal authority or procedure involved."
The term 'mob lynching' describes the actions of a vast gathering of people in the face of
targeted violence. Violence is like crimes against the human body or property (both
public as well as private). The crowd believes it punishes the victim because he does
something wrong; so he takes the law by himself to punish the alleged defendant without
acting according to the principles of law. The mob does this. As well as a motif, the
'horrid act of mobocracy' of popular lynching is appropriately referred to by the
honorable supreme court. Innocent persons are most often attacked on the basis of certain
rumors, disinformation or mistrust.
In society, mob lynching was always a caustic activity. Whenever news on Mob lynching
reveals, there are few major questions. What are the questions, for instance, that drive a
person to do so? Do we have no legislation to suppress similar acts in our country? Isn't
the law sufficient to curb violence? The uplifting stories of horrific lynching have
exposed the problem of mass lynching, but a large number of innocent people have been
killed. Murder is often disguised behind the lynch wall in order to avoid criminal
responsibility.
30

30
Lynching in India, mob violence, mob violence in India, causes and consequences of mob
violence in India, mob violence in India UPSC [Internet]. Civilserviceindia.com. 2019 [cited 10
September 2021]. Available from: https://www. civilserviceindia.com/current-affairs/articles/ rising-
64
mob-violence-in-india.html

65
The steady growth in mob lynching appears to damage the Indian Constitutions'
cornerstones. In the Preamble of the Indian Constitution, the term 'we the peoples' is
called into doubt because lynching by the mass indicates the lack of our feelings among
the peoples. In the same sense, "sovereignty" and "secularism" are expressed in the
utmost degree of critique. Whenever the problem of mob lynching comes to light, the
expression 'fraternity' is criticized. Society means brotherhood, and when mob lynching
occurs, it cannot remain still. The news about this infamous issue has therefore become
too common to be confused.
In cardamom-commercialization Corporation and Ors. Vs State of Kerala and Ors. 344
(01.09.2016 - sc), Justice Dr. A.K. Sikri, observed that: "When discussing a sound and
stable system of justice, we must take care of all parties to that legal system, we know
that an efficient judicial system is essential to any rule of law society. The rule of law
represents the feeling of order and fairness of a human being. No government can exist
without order; without law there can be no order"
The constitutional requirement of the government is to keep the law and order between
citizens. The State is also responsible for protecting residents' lives and property.
The administration of criminal justice is the backbone of a calm society. Only then can
every person of a country live a peaceful life and enjoy their fundamental rights if society
is free from crime. Efficient administration of criminal justice, one of the key elements of
good governance, is only achievable. The administration of criminal justice must fulfill
its obligation without delay punish lynchers to establish faith and respect for the rule of
law. In India, however, the criminals have understood, because of the lack of legislation,
that the possibility of imprisonment is too far away and hence they ignore laws or
instructions. The government should prosecute and punish offenders if it wishes to
protect the rule of law in the country, or else it would be difficult to have reasonable law
in the country.
In effect, it is necessary to pass a law that prohibits mob lynching, as the current law
contained in Section 302 (Killing), 307 (Tentative to kill), 323 (Rioting), 148 (Rioting)
and 149 (Unlawful Assembly) is insufficient for curbing issues of mob lynching
throughout the country. The current Indian Penal Code legislation is a matter of urgency
and of course of urgency.
His Sloka honors human life and discusses how it is not simple to have human life, and
one only takes birth as a human being via the mercy of God Almighty. The priceless
human life is defined in all the current faiths of the globe. The Universal Declaration of
Human Rights, which protects the human rights of people internationally, also

66
recognizes and is

67
intended to defend the importance of human life. India's constitution also provides the
right to life and personal freedom for its citizens and non-citizens.
India has taught about violence to the globe in terms of Buddha, Mahavira and Gandhi.
The value of human life has long been recognized and revered by Indian cultures. The
wonderful statement of Mahabharata, which has been more popularized by Nation's
father, Mahatma Gandhi is 'ahimsa Paramo,' which means 'non-violence is the journey of
religion.' However, our country has faced warfare over time as other civilizations, be it
Kalinga War, Plassey Battle and Panipat Battle. In India, there have also been violence in
the form of massacres and mob lynches. Since time immemorial, we've been witnessing
massacres, but the crime of lynching is a new one which has its roots in the past two
decades.
Mob Lynching can be understood as an extrajudicial punition through public execution,
which typically includes acts of sectarian violence, intimidating the enemy or opposition
party. It can also be understood as killing someone without legal license or authority to
kill anyone. It is the procedure, by means of a mass who has a particular reason for killing
an accused transgressor.
On the other hand, a killing of an enormous number of individuals can be understood as a
singular incident. The massacre is generally the consequence of confrontations among the
various clans and groups. A huge number of individuals are slain by a man or a group of
men, who have preset motives to kill the victims, simultaneously or for a short period. 31
The common point of both crimes is that a certain group of persons, generally in both
crimes, who have the common goal and object to kill, perform the murdering act.
Lynching and massacre are part of this killing, which, of course, is more atrocious
and savage. Lynching and massacre. The distinction between the two is that in massacre,
more than one person must be killed, but only one or more persons can be killed in
lynching. The purpose of lynching is to execute extra-judiciaries or to make people fear
not to act, while in massacres, the purpose of murdering may be caused by hate or a
sense of revenge amongst societies.
These crimes threaten contemporary civilization, because it enables the mob to take on
the function of the state, and, if permitted, leads us back to the condition of the Hobbes
nature, where people are nasty, brutal and short, society is in a condition of non-peace.
Massacre and mob-lynching have a lengthy history in contemporary Indian countries
from the massacres in Akodi and Belchi (Bihar) in the mid-seventies to the recent mobs
of Hafiz

68
31
Mob lynches Google techie on child-lifting suspicion in Karnataka [Internet]. The Asian Age.
2019 [cited 12 june 2021]. Available from: https://www.asianage.com/india/all-india/150718/ mob-
lynches-google-techie-on-child-lifting- suspicion-in-karnataka.html

69
Junaid, Akhlaq, Rajesh and others in Kerala, U.P and elsewhere in India. While the
massacre has declined over the past decade, the increasing number of mob-lynches has
become a severe problem in India.

During 2017, a number of lynching cases were carried out, 5 of which took place alone in
the month of June. A number of social organizations consider, appropriately, that
lynching is a serious crime that has to be handled separately from killing. They also
began moving to convey their opinions on the lynching of a mob like "Not in my name."
These organizations have therefore drawn up a draft legislation called MASUKA to
control the offense designated as the law's lynching.

This study is intended to analyze in full the intellectual and historical dimensions of
massacre. The research will further analyze if it takes an hour or not to deal with an
individual offense or a specific collection of laws? In other words, whether the crime of
murder is enough to handle the crime of popular lyricism and slaughter has to be
analyzed? Furthermore, if there is a need for a distinct law, would the research analyze
whether or not that draft satisfies the "seeking aspect" of the legislation? The question of
whether it deals simply with lynching or also with the question of massacre is also
discussed in the text? The purpose of the research is to analyze the draft and, if necessary,
to provide comments on the Act and the procedures necessary for curbing this form of
odious and merciless human killing. 32

3.2 INCIDENTS OF MASSACRE AND MOB-LYNCHING IN INDIA

Incidents Of Massacre:

Massacre is an indiscriminate and brutal slaughter of many people. This suggests that the
killings are random and unconscionable. It could be against the individuals of a certain
faith or a given community itself. Our land was the testimony of several killings the most
renowned of which had been the murder of the Jallianwala Bagh. The actors changed
after independence, but massacres continued. We shall focus mostly on the killings in
which the state does not take part. There are countless massacres. The narrative of
killings is long, but those that chilled the back were the Belchi massacre of 1977,
following which Indira

32
Social Media Feul Vigilantismamd mob attack in India. Retrieved, from DW.COM, 2014-2018,
70
https:// www.dw.com

71
Gandhi, then Premier of the Throne, visited the place to meet the casualties. The official
number of victims is 14. The Lakshmanpur-Bathe massacre, in which on 1 December
1997, a high caste of Ranvir Sena killed 58 innocent people including 27 women and 16
children, simply because its members believed the village residents were Maoists'
sympathizers who in 1992 murdered 37 men from the upper cast of Gaya.

In 1989, Bhagalpur witnessed the mass murder of two Hindu students and over 1,000
deaths, 900 of them were Muslim and 100 were Hindus, in around 250 towns in the
Bhagalpur City. Bhagalpur was a testimony to this brutality. This resulted in 50,000
displaced persons. The Wandhama massacre on 25 January 1998, in which the extremists
Lashkar-e-Taiba slaughtered 23 Kashmiri Pandits, is the culprit of that massacre. The
gunmen went to the Indian Army dress, had tea with them, waited for the radio
annunciation that the entire Pandits were covered, and then shot down members of the
family. According to the witness of the single survivor. A temple was demolished after
this tragedy. 33
This historical reading is only to recall how horrific killings were carried out in the country.

3.3 INCIDENTS OF MOB-LYNCHING:

Mob lynching is described as punishing a person for a perceived violation such as bigotry
without legal procedure or authority. Lynching entails violence against a person who is
accused of crime against the community which has spread to murder in certain situations.
While lynching has just been the headlines of the Indian media, mob lynching in India is
not entirely new.

KHAIRLANJI LYNCHING, 2006

Khairlanji lynching in 2006 was the first reported incidence in India. This lynching
brought ruthlessly mutilation, stripping, parading the dominating Kunbi caste in the
village and the solitary sobrevivor had to fight for a decade.

DIMAPUR LYNCHING, 2015

TH
33
BLACK’S LAW DICTIONARY, 9 ED. 2009 at 409, “customary, traditional”. Therefore, the
conventional crimes would include such as murder, theft, rape etc.

72
The Dimapur Central Jail took place on 5 March 2015, a crowd of 7000-8000 people
picked up the victim and killed him following his expulsion. The victim was accused of
committing sexual assault on a woman and the news spread about the accused being a
Bangladeshi migrant. The mob lynched the victim in order to take retribution.

JHARKHAND (CHATRA) LYNCHING, 2016

Lynching of Jharkhand means lynching two Muslim bovine sellers by accused cow
vigilants in the Chatra district of Jharkhand. The news was that they smuggled bovine
animals, but the actual story was that eight bovines were on their way to the market of
Chatra to sell them. They've been hung by a tree and lynched.

ALWAR, RAJASTHAN LYNCHING, 2017

The cow protection watchdog beat 55 of a dairy farmer Pehlu Khan over the alleged
bovin- smuggling news. Khan subsequently died of his wounds. Later on the police
handed a clean-chit to all the Six identified culprits.

JHARKHAND LYNCHING, 2017

The accusation of being child-lifters lynched seven people. Following warning messages
via WhatsApp, the violence arose that a child-lifting gang in the region was active. After
working on the Swachh Bharat campaign, all seven people returned. The Muslims were
four of them while the Hindus were three. 34

PRATAPGARH, RAJASTHAN LYNCHING, 2017

34
JOHN HARRISON WATTS, CLIFF ROBERSON, LAW AND SOCIETY: AN INTRODUCTION 7
(2013).

73
On 17 June 2017, certain municipal officials attempted to frighten women who defecated
publicly by snapping pictures of a Zafar Khan campaigner. In repression, the cops hit him
and kicked him and beat him with sticks, and sought to persuade them not to shoot
defecating females. Zafar died of the wounds.

Additional lynching occurrences include Bhiwandi lynching in 2006 when a mob lynched
two police officers. Three young people have been lynched in 2003 for a rumour, an SSB
Jawan lynching for a supposed unlawful relationship.

Lynchings have risen unprecedentedly after 2014 according to media articles.

More Mob Lynching incidents that have affected India

Mob lynching is always harmful to the lawfulness of state authorities under whoever's
regime. The public's collective harm as a 'Citizen Justice' is a challenge to the State.
There must therefore be a careful analysis of this set of events and necessary action to
address this threat. The list highlights some of the events

MOHAMMED AKHLAQ’S LYNCHING

In Dadri, a 50-year-old lynched by a supposed use and storage of beef, the highly-defined
title of the lynching of Mohammed Akhlaq in September 28. The announcement of his
meat consumption was made from a nearby shrine. The government of Uttar Pradesh
ordered the teachers' investigation into the matter on 30 September.

JUNAID KHAN’S LYNCHING

The Junaid khan was struck by a railway. The victim After buying for Eid, Junaid came
back from Delhi with his two brothers. They had a fight with a few people on their places
of work but shortly, some people pulled out their bar to be called "mullahs" and "anti-
nationals." Then a sudden packet was called beef in Junaid's pocket and was now called

74
beef food Junaid and his brothers, while other men took knives away and stabbed them.
They were very troubled. The injuries succeeded Junaid. 35

D.S.P. AYUB PANDITH’S LYNCHING

A crowd outside Jama Masjid in Nowhatta, Srinagar did this incidence of lynching. On
June 22, DSP Ayub lynched out of Srinagar's Jama Masjid for Muslims during the
Ramzan, Shab-e-Qadr, on a holy night, pro-al Qaeda and pro- Pakistani shouts. The 57-
year-old DSP has been used to watch the people who came to pray for the night, headed
by Mirwaiz Umar Faroak, a custodian of the Mosque, who was also the Kashmiri
separatists. At around midnight the mob began sloganing with operator Zakir Musa for
Pakistan and Al-Qaeda. The civil clothing DSP Ayub began videoing the people's slogan.
When the mob saw this, his fists came to him. DSP Ayub got his revolver of service and
shot the crowd 3 shots beneath the waistline. The mob swept him away and battered him
until his death with sharp guns and stones.

RAVINDER LYNCHING 2017

15-20 college students lynched a 32-year-old e-rickshaw driver after he complained to

two drunk students who were peeing along the roadside. Both young people went and
returned with their buddies who lynched the driver and struck him with towels covered in
iron knees and stones.

AFRAZUL LYNCHING, 2017

On December 6th, Rajasthan came on the internet with a video from Rajasamand, which
mercilessly assaulted Mohammed Afrazul and flashed after pouring petrol into his body
in the air. Because of Jihad's love, he was killed. Shambhulal Regar, who was accused of
the offense was utterly unrepentant and claimed he wanted to murder Hafiz Saeed
equally. His 14-year-old nephew took this footage.

35
K.D. GAUR, JUSTICE TO VICTIMS OF CRIME: A HUMAN RIGHTS APPROACH, IN
CRIMINAL JUSTICE: A HUMAN RIGHTS PERSPECTIVE OF THE CRIMINAL JUSTICE
PROCESS IN INDIA 350 (2004).

75
RAJESH LYNCHING, 2017

Confrontations between CPM and BJP-RSS members were escalating throughout Kerala
and in particular in Thiruvananthapuram. A violent confrontation took place between
them, culminating in the death of Rastriya Swayamsevak, a 34-year-old, from Rajesh.

Mob- Lynching and massacre are not a completely new concept but the state of impunity
is. The aggression of cows has grown up to an open eye of 97 percent following the
ascent of Premier Narendra Modi. If we look deeper, these instances are no longer merely
bovine protection, but now there seems to be no other motive, whether lynching Afrazul
against supposed Love Jihad or lynching an old person for "witch" while allegedly
cutting women's hair. The actions of lynching go unregulated and it could be too late if
not swiftly contained. Although a nationwide demonstration against the current situation
of law and order, specifically mob violence and cow vigilance, was held under the title of
NoInMyName to express unhappiness from at least 16 cities, but the State has taken no
such action. In his message to the country from the centenary of the Sabarmati Ashram
Prime Minister, he remarked that cow vigilantism is "Unacceptable." It prompted to
discussion in the Sabha locomotive and also in Rajya Sabha and the press groups have
put out a draft "MASUKA" bill. 36

Do we need any specific act to control mob lynching and massacre?

The Indian Penal Code provides provisions that are typically sufficient to restrain the
crimes of lynching, killing and murder. The Indians have unlawful assembly, common
intent, rioting, wounding, serious hurt, guilty homicide, and assassination. These
provisions appear to be enough on paper, but the results are not the same in real terms.
India's Victorian criminal law does not particularly deal with massacre and popular
lynching charges and treats them comparable to other group crimes. No specific section
of the IPC addresses the group of persons who are gathered to kill individuals by
themselves. Although charged under Article 34, the murder rate in such situations is
exceedingly low, together with the murder rate. Section 223(a) of the Code of Criminal
Procedure allows two or more persons to have been indicted on the same offense which
is part of "the same

36
DORIS LAYTON MACKENZIE ET AL., DIFFERENT CRIMES, DIFFERENT CRIMINALS:
76
UNDERSTANDING, TREATING AND PREVENTING CRIMINAL BEHAVIOR 1 (2014).

77
transaction." In order to govern the crime of mass lynching and massacre in a particular
way, the requirement for hours requires a special type of offense in the form of mob
lynching and slaughter.

The Criminal Procedure Code enables the Executive Judge to control any illegal
conference so as to avert an unfortunate event which could damage public order and
peace of mind. In the case of a managers' failure to act accordingly, a provision is
directory in nature and no specific punishment has been specified. The Code does not
impose a necessary and specific obligation on the executive judge to monitor conditions
which are cautious enough to lead to mass lynchings and massacres. The Code also does
not make it obvious to the police that they are extra-vigilant to control such abominable
crimes. In recent times, police and local authorities have long been concerned about
controlling the odious crime of mob lynching. Often it is reported that the police are
reluctant to take action against the individual who was participating in the lynch age, that
the police arrive late and that police intelligence completely fails to report the incident
before the incident. Police are often subjected to political pressure to investigate the
situation. The crime of mass lynching and slaughter is a very serious crime that can lead
to civil war in India if uncontrolled. We therefore need a new statute to set forth the
obligatory and specific role of the police and the local government. There should also be
explicit provisions under a special penalty statute against the police and the municipal
authorities if they do not respect their specialized duties.

It is not a new concept to introduce distinct and special rules to control various types of
offenses. A very good example of a specific law dealing with unique criminal categories
is the Protection of Children from Sexual Offence Act (POCSO Law), 2012, the
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities), 1989 etc. Likewise, it is
cautious to point out that we need special legislation to tackle the offense of lynching and
massacre, as we witness a rise in the atrocious crime of mass lynching. The massacre is a
brutal past, and in sections of the country it has been witnessed until recently. We believe
that unless controlled, lynching by mobs will lead to civil wars and rekindle the crime of
massacre, and we must likewise take specific measures against the crime of massacre.
Since Mob Lynching and Massacre are the same crimes, the special law that we urge to
take account of both aspects of criminal management. 37

37
LAURA MELI, HATE CRIME AND PUNISHMENT: WHY TYPICAL PUNISHMENT DOES NOT
FIT THE CRIME, UNIVERSITY OF ILLINOIS LAW REVIEW, 940, 2014.

78
The massacre cases have been proved to be acquitted quite high in the recent past, and
also the trial took so long to kill many of the defendants before the trial took place. The
police investigation was always the focus of the courts' acquittal. Therefore, in the
Special Law it is also necessary to have quick proceedings. In addition, there should be a
dedicated police section to investigate such crimes by using scientific and sophisticated
research methodologies.
There is a worrisome scenario in India. The crime of mob lynching needs to be steadily
controlled; else it might have extremely dangerous effects. The provisions of many laws
seem on paper to be compatible with the controlling of this odd crime, but in many
respects this legislation has effectively failed. We must thus establish a special legislation
dealing explicitly with the many facets of the crime of mass lynchings and killings.

3.4 CRITICAL ANALYSIS OF MASUKA DRAFT

On 7 July 2017 in New Delhi to address the question of mob-lynching threats, the
proposed anti-lynching law "MASUKA" was launched in its Constitution Club. Senior
Advocate Sanjay Hegde, Pranjal Kishore and Anas Tanwir chaired the drafting
committee. the drafting bodies were members of the drafting board. The drafting boards.
"lynching" is defined in the draft:

Section 2(a). "Every act or series of acts of violence committed to inflicting extra-judicial
punishment, whether spontaneous or planned or as an act of demonstration, which is
prompted by a mob's wishes to impose any legal, social & cultural prejudice recognized
by a person or group of persons."

The definition of lynching given in the draft is not in the literal sense of the word
“lynching”. For the definition of lynching, the phrase "violence." The fact that a person
has been killed by a self-styled mob in its common sense is known as the lynching.
Lynching is defined by dictionaries as "killing" a person without trial for an accused
crime. Violence is a phrase that can even include a situation in which a person is not
injured. The definition of "lynching" sounds ambiguous in ordinary reading, but the
entirety of the statutory pattern is very essential as a rule of interpretation. When we read
the definition of lynching alongside the S.7 of the draft, it is quite evident that a sentence
for lynching and death for lynching is separate. The draft has therefore not in the ordinary

79
sense produced a definition

80
of lynching, but it covers even that violence which has not led to death. Since the Act
imposes punishment for lynching, lynching and lynching only, and not simply for
lynching, it does not define the meaning of the term lynching as imprecise and the
definition in question overrides the normal significance of lynching. 38

The Act has nowhere dealt with the offence of massacre. The crime of killing and
lynching is equally atrocious in character and is almost like a crime. Over the past
decade, the massacre has diminished but remains a severe human threat. Therefore, if a
law is adopted to deal with lynching, the crime of massacre should also be taken into
account. Mob- lynching is a crime that creates hate throughout groups and can produce a
state of drift within communities, if hate is disseminated across communities. This often
leads to civil war and in the case of civil conflict massacres are normal. Both of the
offenses are therefore related to one other and it is recommended that both of the offenses
in the draft be addressed.
The basic reading of the bill makes it evident that the bill was drafted only by taking into
account the recent occupation of lynching, but also by taking into account the auxiliary
and accessory parts of the law in question.

The draft provides for the duties of the Police Officer under S. 3 and S.5. The draft
describes very well the job of the police officer and, furthermore, under Section12, the
bill lays forth the punishment of the officer if he does not fulfill his obligation. The duty
of the police officer is mandatory in these rules.

The proposal states that no government sanction under S. The Court's 196 and 197
requirement is to acquire awareness of any offense under that Act, but it is necessary to
acquire knowledge of DM's sentence.

In Sec 4, District Magistrate's duty is discussed. The Section defines the DM's duties with
a directory term "may." But the DM was also punished for failing to execute its role
under the later sections of the Act. In order to prevent this misconception, the word
"shall" should be used in lieu of “may."

38
WILLARD GAYLIN, HATRED: THE PSYCHOLOGICAL DESCENT INTO VIOLENCE 21 (2003).

81
The draft nicely provides punishment for the conspiracy, abetment for lynching and also
for obstructing the legal process. In the draft, the diffusion of offensive material is taken
into account. The term offensive material has been very nicely explained in the S. 2(d) of
the Draft and additional penalties were also imposed in accordance with section 2. This
clause is very necessary to prevent a lynching. Dissemination of offensive materials In
order to provide effective preventative measures, the provision takes into account the
physical and electronic modes of contact.

In this draft, the victims receive compensation, which is an excellent step towards the
rehabilitation of victims. This is a great step because acts of that sort must be victim-
centric so that the best judgment is available. The draft also gives the victim with legal
assistance and protection of the victim has also been given emphasis.
The draft also touches on the question of witness protection, since there is a threat to the
lives of witnesses in such crimes. The proposal requires a designated judge to take
actions in order to prevent a witness from going to court more than once. The draft also
states that the Court must allow for it if a testimony wants to keep its identity hidden. The
draft further provides for witness protection also.

It states that only the inspector or higher officer must examine the offences in accordance
with this Act, however the investigation conducted by the police force is often shown to
be too basic and to lead to the acquittal of the guilty. Therefore, a special police branch
that is trained especially to examine these kinds of cases using a scientific technique is
advisable to investigate crimes under this Act. 39

The draft also proposes for the establishment, in other words a Special Court, of the
"Designated Court" which would, in conjunction with the Chief Justice of the High
Court, be headed by a Session Judge designated by the State, under whose authority the
designated Court falls. The Special Court is responsible for all offense relating to the
particular draft Act as well as for offenses in respect of which the accused is accused in
the course of the same trial, granted that the offense for the two offenses happened in the
same crime transaction. The trial is conducted under the CrPC warrant proceedings. The
procedure followed by the Court should be the same, save for cases where the
processes in the

39
Key Sun, THE LEGAL DEFINITION OF HATE CRIME AND THE HATE OFFENDER’S
DISTORTED COGNITIONS, 599, https://www.psychologytoday.com/files/attachments/35629/the-
82
legal-definition-hate-crime.pdf.

83
supplied draft are repugnant, as followed by the sittings Court under CrPC. The draft
shall also provide for daily proceedings and usually the victim and accused's statement
shall be recorded within 180 days of the trial's starting.

Can Masuka Address the Issue of Mob- Lynching and Massacre?

Every person has the right to a life and equal protection of laws under the Indian
Constitution. It seeks to preserve the rights of vulnerable individuals in their constitution,
to punish acts of lynching, to set up special courts and to rehabilitate those who have
committed such crimes.

The draft of Protection from Lynching Act, 2017 provides specific definition for the
terms ‘Lynching‘ ’Mob‘ ’Victim ’and ‘Offensive Material’. The Indian Penal Code has not
defined any lynching, but a series of transactions already within the scope of the crime
are involved in the lynching, which makes it obviously a crime to lynch under Sections
302, 326, and 141/0149. It is not mentioned in the criminal law per se in Lynching's act,
but it is defined that the transactions forming part of the act are offended, thereby
penalizing the complete process.

One of the most significant facts is to recognize that it was the lack of rule of law that led
to the development of this draft or the act of lynching. The lack and failure of state law
and order mechanisms are the absence of enforcement of the rule of law. This scenario
wouldn't have developed first if the proper steps had been taken at the proper time. The
difficulty is law enforcement because the state principal law enforcement mechanism is
in dispute. However, since the situation has developed, the existing laws and procedures
cannot prevent them and we have to curb them with some effective law, causing many
lives to be lost because of lynching.

Mob-lynching if not contained will become a pandemic, as is seen from the lynching of a
rickshaw driver, because he is opposed to two students peeing in public. Some of the
important questions to be considered include the shooting of Zafar khan after his
objections to taking pictures of ladies who defecated openly or murder DSP Ayub
Pandits in the

84
country of Jammu and Kashmir, as these occurrences do not concern the consumption of
cow or beef. 40

The manuscript has been evaluated thoroughly in this section, and we now discuss how
the events of lynching and their impact in society can be discovered by this act.

The "MASUKA" establishes tighter laws against Mob-Lynching by punishing life

sentences and defines magistrates and police roles in such a way that they are not
lynched. There are special laws defining offenses and instigating social media material,
or any type of offence, as dissemination. It also established a punitive complot to lynch
someone else. In numerous occasions the local police have been charged with being
complicit in the lynch. MASUKA has mechanisms to prevent this by making the case for
a fair investigative judicial probe.

In the instance of Junaid, none of the eyewitnesses came in his defense to testify. The
statute also provides for particular protection from witnesses and political influence. The
Act sets out a minimum compensation for the fatalities caused by mob lynching of
25,00,000. At least this amount will help the victim to some degree rehabilitate.

Finally, a continual examination is proposed in the bill. If the indictment is not submitted
within six months, or an acquittal occurs, the entire case must be examined by the senior
police officer.

Certainly, these broad restrictions will be deterred more than the inadequate legislation
that has failed to control this threat. Just as in the violation legislation after the Nirbhaya
rape case, and in order to prevent Dalits from being atrocities, we needed this act, both
Scheduled Caste and Schedule Tribes, so we did not need this law.

The draft MASUKA is clearly a solid piece of law to regulate the mob-lynching offence,
but the draft also has to deal with the massacre issue. Both crimes are closely related and
any special laws must deal with both. It is, therefore, advisable to modify the draft and
the

85
40
Id.

86
crime of massacre must also be included in the law when it is transformed into a law by
Parliament. 41

3.5 REASONS FOR MOB LYNCHING

3.5.1 COW VIGILANTE RELIGIOUS VENDETTA

The sale of cow meat has always been a point of conflict in society. It has mostly resulted
in a mob attack.

After the sale of cow meat was ban in 2017 under the prevention of animal cruelty, an
increase in cow alert was seen. 20 cow terrorist incidents have taken place within the first
six months of 2017 – almost 75 per cent of 2016, the worst year since 2010.
These attacks – also called gautankwad, a portmanteau for Hindi cow and terror in social
media– were reported from 19 of the 29 Indian states, with India reported spending the
largest number of incidents, Uttar Pradesh, Haryana, Karnataka, Gujarat, Delhi,
Rajasthan and Madhya Pradesh.

According to an Indian content analysis of English media, Muslims were targeted at 51

per cent of violence centered around bovine problems for nearly eight years (2010 to
2017) and comprised 86 per% of 28 Indians slain in 63 incidents.

After Prime Minister Narender Modi had come to office in May 2014, 97 percent of the
attacks were reported and approximately half of the cow violence – 32 out of 63 – was
reported by states governed by the Bhartiya Janata Party (BJP) when the attacks were
reported. The report reveals the Hinder times of violence that had been recorded up to 25
June 2017. Their results have been reported.

A Jharkhand Muslim guy was charged with robbing a bike and was beat by a crowd. He
has been compelled by a group of irate protesters to chant Jai Sri Ram and Jai Hanuman.
42

41
Jeannine Bell, Deciding When Hate Is a Crime: The First Amendment, Police Detectives, and
the Identification of Hate Crime, 36 (2002).
42
NEIL CHAKRABORTI & JON GARLAND, HATE CRIME: IMPACT, CAUSES AND
ND
RRESPONSES, 2 ED.

87
Some of the cases are:

Dadri lynching: it occurred in the year 2015 in Bisara village, Uttar Pradesh. Mohammed
Akhlaq and his Danish son were charged of killing and robbing cow-calf and of keeping
their meat for consumption. When Hindus became aware of this truth, a Hindu mob killed
his father and son for this reason. Fact – one of the first examples of mob lynching that
was religious in the name of cattle and bovine animals.

Chatra district lynching: in Chatra, Jharkhand a mob mercilessly killed 2 people from a
Muslim community called Ansari and Imtiaz Khan who were charged with trafficking,
selling cows and oxens in the market.

Alwar lynching in 2017, April: several Muslim people were indicted for animal
smuggling and killing in Alwar, Rajasthan. The Hindu mob was lynched. Later, the cows
for dairy farming, not for trafficking in cow meat, were discovered.

Lynching Haryana in 2017, June: three Muslim brothers traveled on the Tughlagabagh to
Ballabhgarb train from Haryana in Tughlagabagh, Haryana. The brethren were lynched
by the train members because they suspected of transporting their beef. Fact- one was
killed by Junaid, and several stabs remained for the other brothers. 43

3.5.2 SUSPICION OF CHILD LIFTERS AND SOCIAL MEDIA RUMOURS

The rumor or fear of child abductors was a motive for the attack by the mob. There is a
stronger connection between Tiruvannamalai, Tamil Nadu, Assam Karbianglange and
Andhra Pradesh Chittoor. The mobs murdered these three districts. The offenders were
residents and the catalyst was the circulation of information on social media.
In 69 documented occurrences, 33 individuals were killed and at least 99 injured,
according to the Indian spending data from 1 January 2017 to 5 July 2018. Nine
incidences of mob violence against child lifting rumors and 5 deaths were recorded in the
first six days of July alone, which represents more than one attack every day.

43
M. Mohsin Alam Bhat, The Case for Collecting Hate Crimes Data in India, Vol IV Issue 9, Law
& Policy Brief (2018).

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Of the sixty-nine occurrences of mob violence related to child elevation rumors
documented, 77% were linked to fraudulent social media news. In 28% or 19 of the
incidents, the WhatsApp mobile communication service was cited as the source of rumor.
Social media plays an enormous part in propagating tales such as the abduction of
children from surrounding villages to illegal organ selling.

-Around two thousand offenders from "North India," who entered the state to lure
youngsters away, circulated throughout vellore, Tiruvannamalai and Tiruvallur districts
of northern Tamil Nadu, in WhatsApp posts. Three lives were taken and many mob
violence were incited. The first victim was a mentally upset man in his 30s, found
roaming in Gudiyattam, Parasuramanpatti, district of Vellore. The “Hindi speaking” man
was hacked to death on 28th April.

-Rukmani 65 years old was slain in the suspicion of being the kidnapper in Athimoor
village, in Tiruvannamalai district.

·A 45-year-old homeless mendicant was killed and hanged from a Pullicat bridge in an
even more horrifying occurrence. All three incidents happened within a span of two
weeks.

On suspicion of having a child-lifter, 40-year-old women in Ahmedabad was beaten to

death by a mob of about 30 persons. A 45-year-old woman was attacked in Surat or the
same reason in another occurrence. The female was a family member. When she was
assaulted by the mob that ripped her child away from her, she stepped out to purchase
bullocks for her daughter who was three years old. The Gujarat Police issued a warning
against law enforcement following the Ahmedabad lynching, and asked the people to
refrain from believing in social media rumors concerning children's lifting gangs.

3.5.3 ROLE OF SOCIAL MEDIA

It is well known that in India Internet use increases every day. Engagement with social
media is high. If we look at the present situation, social media was a rescue in terms of
entertainment at the time of this pandemic. In traditional times, word of mouth, which has
of course far less reach, is the sole way to disseminate information. However, the social
media is currently taking over and knowledge is spreading like a fire. 'WhatsApp' is a

89
social media player that helps individuals all over the globe to connect. India is the
largest market

90
for WhatsApp with over 200 million users. It also features an end-to-end encryption that
gives users their privacy and their communications are shared with nobody other than the
participants in the chat therefore it is very impossible to trace the origin of the false
rumor. The electronics ministry and the WhatsApp (meanwhile) had requested WhatsApp
executives to stop the propagation of false news on its platform after the murder of 22
people due to false news. WhatsApp preserved its encryption end-to-end policy, but the
scope of transmitting messages was constrained. The message might have been sent to
256 people before. Now just five persons can be sent with a message and it is labelled
'advanced.' WhatsApp has also introduced the functionality that only administrators can
send a message to a group. Participants can only send messages within the group.
WhatsApp works to spread digital literacy and to prevent bogus rumors. In addition, just
one person can receive a message labeled "very forwarded" as opposed to five368. Is it
effective, however? Although the limitation is on sending a message, it is still not
possible to trace the source of the communication. The triste fact is that people rely not
on news networks but on the information, they share on WhatsApp. Following this
tendency, people's fate would depend upon the future and the notion of 'instant justice'
would undermine the justice and democracy in our society.44

3.5.4 LYNCHING OF PERSON BELONGING TO A MINORITY GROUP

A total of 117 incidences of discrimination against and victimization of minorities were

documented for 2016-17 and 505 cases of victimization by those belonging to the
planned castes across the entire country. Of the 117 minority cases, the Uttar Pradesh
cases were
42. There was also a total of 221 cases concerning unfairness against reserved castes.
Home Minister of State Kishan Reddy, who replied to Lok Sabha MP's request K
Navaskani to seek information about the NHRC's complaints about harassment of
minorities and Dalits, said that the number of complaints concerning minorities fell from
117 in 2016-17 to sixty-seven in 2017-18 and increased again to seven-new in 2018-19.
Likewise, in 2017-18 the number of Dalits allegedly subjected to victimization before the
NHRC decreased from 505 in 2016-17 to 464, before climbing to 672 in 2018-370.
The NHRC (National Human Rights Commission) in the UP, also the country's most
populated state, has documented the highest complaints of alleged harassment of
minorities

91
44
GIRJESH SHUKLA, HATE CRIME: POLITICO-LEGAL DIMENSION OF HATE SPEECH IN
INDIA, JOURNAL OF PARLIAMENTARY AND CONSTITUTIONAL STUDIES, 1 (2011)

92
as well as Dalits. In 2018-19, UP reported 19 minority-harming instances and 311 SC
victimization, eight incidents in 2017-18 and 215 instances in 2017-18 respectively.
Other states from where NHRC got complaints of minorities’ discrimination in 2018-19
were Gujarat (8), Tamil Nadu (7), Maharashtra and Haryana (5 each).
The main justification the criminals provide is that it provides immediate justice to a
person who is reported to be opposed to society. This is a case because the courts has
failed to conclude cases on time and give justice to the members of society affected. No
one can take the law in their power to determine the punishment of an offender, which is
not justified. The rumors distributed on social media platforms are the basis of most of
the incidents mentioned above. How a transmitted message via WhatsApp can cost an
individual's life is devastating. Even if they are not killed by the attack, society considers
them a lifetime delinquent. This threat must be addressed since it not only affects the
victims' lives, but also the entire family.

3.6 LAWS APPLICABLE

Since we know that the legislation against mob lynching is not codified, the person is
tried in accordance with sections of the IPC, CrPc and Evidence Act. The fact that the
sections specified in the IPC, such as murder, culpable homicide, unlawful gatherings,
criminal conspiracy, and disturbances, make it pretty obvious why Indian laws have
failed in the case of mob lynching.
It creates void in the criminal jurisprudence as no law criminalizes mob lynching. It is
also permissible to prosecute people who have two or more in numbers for the same
offence under "same transaction" according to section 223(a) of the Code of Criminal
Procedure (CrPc).

93
3.6.1 CONSTITUTION OF INDIA

Article 14 It guarantees the right to non-discrimination and the right to equality to each
person in the territory of India.
Article 15 This article prevents discrimination based on religion, race, caste, sex or
place of birth.
Article 21 “No person shall be deprived of his life or personal liberty except under
procedure established by law.” It protects the personal liberty of the citizens
and prevents the state from depriving the right of liberty of citizens.

3.6.2 INDIAN PENAL CODE (IPC)

Section 120 a. Criminal conspiracy

Section 141 Unlawful assembly

Section 147 Rioting

Section 148 Rioting armed with deadly weapons

Section 149 Every member of unlawful assembly guilty of offence

commit- ted in the prosecution of common object
Section 300 Murder

Section 302 Punishment for murder.

Section 304a Causing death by negligence.

Section 323 Punishment for voluntarily causing hurt.

Section 335 Voluntarily causes grievous hurt

Section 339 Wrongful restraint.

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3.6.3 CRIMINAL PROCEDURE CODE (CRPC)

To prosecute people who are two or more in number for the

Section 223a same offence under ‘the same transaction.’

Section 357a The victims of such violence or their family members would
be compensated

3.7 NEED FOR LAW ON LYNCHING

Justice appears to be roughly synonymous with morality. Only laws refer to only one
moral field in the narrowest sense. Just rules defend every individual's interest and the
interests of the human race in general. Just laws are about doing well, justice and
goodwill. With acceptance of the majority of people, it gives a chance for peaceful
change in society.
Law is an instrument of society; justice is the goal of society. Because the law seeks to
defend justice, state subjects are subject to the law, whether or not they love it and cannot
opt out. We feel that citizens commit a crime against the State as the State is the guardian
of the rights and not the person who has been harmed, which is why it's appropriate that
the State prepare for a penalty in order to be fit. We believe that punishment for the
criminals is a negative gift. If the state does not create appropriate legislation, the peace
of society may be disturbed as follows:
First, people are tortured by injustice that naturally causes them and their loved ones a
feeling of wrath and causes dread that the peace of the community and the toxication and
pollution of the environment would be disturbed.
Secondly, respect for the State and the veneration of those who have suffered injustice
would fade from their minds.
In order to prevent and reduce crimes the state should decide penalties through
legislation. The ego of the victim and society can be regarded to have been fulfilled if the
criminal is punished. But extraordinary steps are required in the area of mob lynching,
that is to say, constant supervision by law-and-order agencies, responsibility to stop such
incidents, actions to be taken against those culprits by the law-enforcement agencies,
rehabilitation of both the victim and his family, the witn guard. Although the
Constitution of India
95
provides for the fundamental right to life and freedom, the law must at all costs preserve
it.
Suppose we look into the existing provisions of the law in India. The Indian Criminal
Code provides provisions that are typically sufficient for control of the offenses of mob
lynching, such as unlawful assemblies, common intent, riots, hurts, grave harms,
guiltiness of murder. The requirements appear solely on the paper to be sufficient, but the
practical consequence is not the same. Indian Victorian criminal law does not specifically
address the crime of mass lynching and considers it in a similar way to other group
crimes. No specific section of the IPC addresses the group of persons who are gathered to
kill individuals by themselves. Although they could be accused in accordance with
section 34, in such situations the murder rate, but conviction, is not considered sufficient.
According to the rules of Section 223(a) of the Penal Code, two or more persons can be
prosecuted with a single offense forming part of the "same transaction." The requirement
at the time to establish a separate class of offense under a Special Law is to manage only
the crime of mob lynching.45
The Code of Criminal Procedure allows the executive magistrate to monitor any unlawful
meeting in order to prevent unlucky events which could contaminate public order and
peace of mind.380 This is a directory-specific provision and therefore, if the magistrate
does not act in this manner, no specific punishment has been given. The Code does not
require the Executives to regulate the regrettable events that have been enough prudent to
lead to mass lynching. The Code also does not clearly require the Police to become
particularly cautious to control such horrific crimes. Recently, police and municipal
administrations have always taken measures to control the abominable crime of mass
lynching. It is commonly stated that the police hesitate against the person involved in
mob lynching, that the police arrive on site late and that the police intelligence fails to
report the event in full. Political pressure is often put on the investigations carried out by
the police. The crime of mob lynchings is serious and can lead to civil war in India if it is
not controlled. Therefore, under a special law, we must establish the mandatory and
specific responsibility of the police and local authorities. There should also be explicit
provisions under a special penalty statute against the police and the municipal authorities
if they do not respect their specialized duties. The main problem is that the perpetrators of
such crimes are seldom identified, and the trial of such individuals takes substantial time
because of the vast court suspicions.

45
VageshwariDeshwal, A discretion of the ‘Rule of Law’, Times of India(April 21 2020,
15:10),https://timesofindia.indiatimes.com/blogs/legally-speaking/mob-lynching-a-desecration-of-
96
the-rule-of-law/

97
In cases of mass lynching, mere punishment of the guilty is not sufficient because people
are badly harmed by the masses and often die because of such injury. The mob also
prosecutes the victim without having a chance to be heard. Such an individual will be
suspected of being guilty of the suspicious offence, and the mob will grant a sentence not
authorized by country law. In several situations there has been a lack of sufficient
measures to prevent such events from occurring both in the district administration and the
police administration.
It is not a new concept to introduce distinct and special rules to control various types of
offenses. The Protection of Children from Sexual Offences Act (POCSO Act) 2012,
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 etc. Is a
wonderful example of a specific act which addresses a special crime category. Similarly,
it is cautious enough to recommend that we should have a unique law dealing with the
crime of mob lynching, given the increase in the abominable criminality associated with
mob lynching. Mob lynching will, in our view, escalate to civil war if not controlled.
Honorable Supreme Court, 9 SCC 501, on the problem of mob lynching, urged the
Central and the State Governments both to take preventative, corrective and punitive
action to discourage mob lynching and to lay down a set of directives in order.
The preventive recommendations require that nodal officers be appointed not below the
rank of police superintendent in each of the districts, so that appropriate preventive action
can be implemented. The Nodal Officer also has a primary duty to take action to
safeguard the hostile environment against any individual in the community or in any caste
that is likely to be targeted in such an event. There is also no mistake in stating that some
anti- social groups join forces to promote this type of lynching every time such an
incidence happens. Special machinery to counteract a lynching must therefore be
provided through preventive measures.
With regard to the corrective steps, it usually concerns the victim's complaint, i.e. First
Information Report (FIR) not submitted unless it has a resourceful person. It is the
obligation of the Nodal Officer to ensure that FIR is immediately recorded and that the
inquiry is conducted in an impartial and effective manner.
However, Section 357A Cr.P.C. has requirements. In the area of mob lynching,
compensation to a victim must not be dependent on the event that a fine of the Court is
executed, and a special provision should be made, i.e., the scheme of compensation of
victims should be granted in Scheduled Castes and Scheduled Tribes matters, for the
purposes of compensation as rape cases.

98
The process of such instances likewise has to be speeded up. Consequently, the appointed
judge must give priority to the instances of mob lynching so that society understands that
the trial of the mob lynching is not postponed. In standard procedure, the victim or the
relatives of the victim is not listened to while the penalty is awarded. In such cases, the
public prosecutor's arguments are heard and punishment is granted once the statements of
the accused are taken into account. The victim or the relatives of the victims should be
granted the right to hear the full sentencing for mob lynching. Another point also calls for
the Court to be considered, i.e. The property was damaged. The Tort Law is not
applicable in India unless certain provisions are made. This factor should therefore also
be taken into account during the development of new legislation.
The court stated that if the police officer or district official does not follow the
aforementioned Guidelines, this would be deemed an act of purposeful
negligence/misconduct. When punitive action is taken, it is the Court of Justice. It shall
result into a stern action against such officers if the officer has found that the occurrence
was not prevented even after previous knowledge of it or if the incident has occurred and
such office has not immediately arrested and instituted criminal proceedings against the
criminals. Strict punishment has to be granted to the culprits and a separate offense
known as 'Mob Lynching' should be committed so that people are afraid of being
convicted of such harsh penalty if they are held accountable.46

3.8 INTERNATIONAL OVERVIEW

United Nations Human Rights Commission (UNHRC) on mob lynching against Muslims
and Dalit in India:

The Human Rights Council of the United Nations discussed the examples of mass
lynching of Muslims and Dalits in India. Under the 41st meeting, in the name of holy
cow preservation, in Geneva it was recognized that Hindus had been lynching Muslims
and Dalits. The Center of African Development and Progress (CDAP) Paul Newman
Kumar Stanisclavas said the session that cases had been reported to remind the Indian
Government that India has signed the ICCPR and the International Economic, Social, and
Cultural Rights

46
SEVENTH REPORT OF VII STATE LAW COMMISSION ON MOB LYNCHING,

99
He added that at least 10 Muslim individuals in the recent past have been publicly
lynched in the alleged hate crime. 'Increasing insecurity among Muslims has been helped
by attacks and religious tensions have been intensified. Muslims have recently been
singing "jai shri ram." Tabrez Ansari, a 24-year-old, was battered hours ago, around two
weeks ago, until he died of 'jai shri ram' by Hindu mob in eastern Jharkhand.
"A teacher was recently attacked in a train because he was a Muslim, he added. "Yai Shri
Ram" he was hecked to say. He was beaten and obliged to leave the train when he
refused." In his first parliamentary speech, he also said that Pratap Sarangi of the ruling
BJP said, "Why are people who refuse to send the slogans of Hindu to live in India?"

He finally sought the refusal to intervene and to observe the constitutional norms.

Mob lynching and convention against torture:

To date, the Convention against Torture has now been signed by 119 countries. India is,
however, a member of the United Nations, and merely a signatory to the torture
convention. The aim of the Treaty was "to maintain the greatest ideals of Indian culture
and to promote and preserve human rights by cooperating with other members of the
international community."

The Treaty does not justify the use of torture under any circumstances. The agreement
underlines that "the silence surrounding torture should be breached, impunity should be
ended and those concerned punished inappropriately." Every country, including our own,
has a duty to make reparations available for torture victims. It must involve restitution,
compensation and a guarantee of non-repetition. This is vital in their proper rehabilitee.

The report "India's Torture Campaign - Preventing and Rehabilitating" was funded by the
European committee and recognized the escalating inhumanity and torture in India.
Lynching does not encompass the repercussions of laws against torture. It is a route to
reducing crimes like mob lynching that criminalize torture. The bill drawn up by the law
commission of India against torture on 27 November 2017 must be taken into account
before the Treaty is ratified. It describes torture as "the law defines torture as an act of a
servant, a person who agrees with a government official, causes serious injury or risk
(either physically or mentally) to life, limb or health." The bill also seeks "sanctions of at

100
least three years, which may reach to 10 and fined years, for torture committed to
extortion of confession, or to punish or on religious grounds, race, place of birth,
domicile, language, caste, community or any other cause." By adopting a comprehensive
perspective, we may put popular lynching into the perspective of torture and secure
extrajudicial murders. Therefore, before correcting the United Nations Convention on
Torture, India has to adopt the torture prevention bill. 47

State responsibility in International Law:

In order to safeguard persons from violations of human rights by states or non-state

actors, international human rights law obliges countries. Article 2 of ICCPR puts a duty
on States to respect and to ensure the respect of the rights of all people within their
competence. The aforementioned principle includes two fundamental aspects: the
obligation to uphold the right and the obligation to take corrective action in the event of
any breach. Consequently, it is a state’s duty to preserve ICCPR-based rights. Article 6
provides that 'States Parties shall take steps not only to prevent and punish the deprivation
of life by criminal acts but also to avoid their own security forces' arbitrary killings.' The
State ought to comply with international law diligently.

"Government’s responsibilities arise when state fail to conduct due diligence to guarantee
that private players do not conduct violations, Danwood Chirwa (international law
expert) adds. Due diligence requires the State to take constructive action in order to avoid
violations, check and regulate private actors, investigate and, where appropriate,
prosecute infractions and punish them, and provide victims with effective remedies. Both
IACHR and ECHR jurisprudence indicate that due diligence is primarily a matter of the
reasonability or gravity of State actions and actions. Thus, if the State fails to take
reasonable or significant steps to avoid or react to infringement of human rights, the State
will be accountable for private action.

Analysis of Indian Cases from the perspective of international laws:

47 TH
Harsh Mander, Lynching, the scourge of new India, THE HINDU (15 Oct, 2019),

101
Lynching is a violation of human rights in the name of cattle protection. The 2017
guidelines on the prevention of animal cruelty, which prohibited the slaughter of cow,
merely intensified lynching activities and the State was unwilling to recognize that the
measure was to boost 'gau-rak' alone. A little youngster attacked a train as a witness of
the problem of Junaid Khan. The State has the obligation to uphold the ICCPR's
safeguards and hold the perpetrators accountable for their failure. In accordance with the
Indian Constitution also the state was obligated to indemnify victims because its basic
rights were violated in state premises.

The crimes of this pattern are also on the increase, the cases are repeated. Thus, the State
established commissions for inquiries under the Inquiry Act, 1952 under Section 3 in the
Public Interest Record with restrictions stating that, "the relevant government may decide
to do so, and, where a resolution is adopted by 2 each House of Parliament or, as the case
can be, the Parliament of the State] by notice of that act in this respect, if it is deemed
necessary. For Lynching cases since cases need to be dealt with immediately. This can
help to hold the perpetrators accountable and prevent these situations in the future.48

3.9 STATE LAWS

3.9.1 THE RAJASTHAN ASSEMBLY BILL ON MOB LYNCHING-

The administrative body of Rajasthan passed a life detention bill and a punishment from
€1 lakh to €5 lakh to individuals accused of the lynching by mobs leading to the death of
victims. Vidhan Sabha voted in favor by the opposition BJP, which had requested that the
bill be referred to a selected committee, in the midst of vocal criticism, the 'Lynching
Bill, Rajasthan Protection, 2019.' The Bill was presented by Parliamentary Affairs
Minister Shanti Dhariwal in the state get together a week ago.
In response to the Bill debate, Mr Dhariwal said Monday in the Chamber that the IPC, the
CrPc are not satisfied with management measures for instances of crowd lynching.
Administration appropriately conducted the bill for the control of such events to
accommodate stronger discipline. It allows life imprisonment and a fine to be paid to five
lakh prisoners, including the death of the victim in the case of mass lynching.
The announcement of the articles and reasons in the bill, referring to the Supreme Court
proposal to establish a law against occurrence of mass lynching, stated, "It is being
proposed

48
Roberta Senechal de la Roche, why is Collective Violence Collective, 19 SOCIOLOGICAL
102
THEORY 126, 130 (2001).

103
that the evil not be really developed and that disdain or incitement to multitude lynching
by committing exceptional crimes against such acts be prevented."

Ashok Gehlot, Chief Minister, stated the objective of his administration to authorize the
bill in response to the debate on July 16. In his reply, Mr. Dhariwal reminded the House
that the Bill was aware of the promise that crowd lynching incidents in the State were not
renewed. "Following 2014, 86% of mob lynching cases disclosed in Rajasthan have taken
place in the country. The state is considered a tranquil state and occurrences of this nature
have made it muddy," he said.
In general, the opposition legislators contested the bill and demanded that it be referred to
a selected consultative committee for audit, stating that its present structure is not to be
supported. Opposition leader Gulab Chand Kataria said a few decisions have been issued
by the Supreme Court when considering instances that were identified by the mass
lynching.

Mr Kataria asked the administration to table relevant measurements in the house in cases
of public lynching in the State in order to legitimize the new law because of the
abundance of arrangements between the IPC and the CrPc in order to manage the cases of
horde lynching. "The government of the State should not have a haste for such a tough
law. The Bill should be put to a selected panel where we will discuss all issues and
support it in all respects, but not reinforce the current structure of the Bill," he stated. 49

Meaning of Mob
The Bill defines the crowd as a meeting of at least two individuals. Lynching, likewise
characterized as a demonstration or arrangement by a horde based on religion, race,
ranks, sex, place of birth, language, dietary practice, sexual direction, political relation or
ethnicity, for "demonstrations or demonstrations of savagery or those of support,
encouragement or attempts to prove brutal, regardless of whether unconstrained or
planned."

The Bill accepts prison terms for ten years and a fine from €25,000 to €3 lakh for a crime
involving an assault on the part of a crowd that causs the victim to suffer awful damages.
The Bill recommends a detention for seven years for the victims who have suffered
fundamental injuries and a fine of up to 1 lakh.

104
49
Nitya Nand Pandey, Mob Lynching: A New Crime Emerging In Indian Society, 5 IJRAR 808,
809 (2018).

105
The Bill looks at repelling the guilty parties in the same way for setting up sympathy for
Lynching or assisting, encouraging or trying such an offense.

The bill also allows the state police boss, as facilitator for the region, to appoint a State
organization of the post of inspector general of the police to forestall the episodes of
lynching in the state, assisting a deputy police surgeon to prevent horde blackouts and
lynching. In addition, Bill390 includes many crimes identified with the Lynching, such as
the diffusion of anti-counterfeiting materials, the creation of the threat and the obstruction
of judicial proceedings that would be guilty with prison sentences from three to five
years.

The Bill also stipulates the arrangement in the Rajasthan victim compensation scheme to
reimburse casualties by the State Government. It also binds the State Government on the
rehabilitation of the victims of mass lynching by taking needed measures to remove their
local areas. Differing discipline when a person is damaged – as much as 10 years'
imprisonment and a fine from Rs 25,000 to Rs 3 lakh for abominable injuries.

The exceptional law will be notwithstanding the arrangements of the Indian reformatory
Code.

"Lynching" is depicted by a crowd on grounds of religion, race, status, sex, place of birth,
language, dietary practices, sexual direction and ethnicity as a demonstration or
organization of demonstrations of cruelty irrespective of whether unconstructed or
arranged.

The State Police executive will delegate a state organizer of Lynching's function as
reviewing general, said the Bill. Each region's police director is the local organizer who is
assisted by a police deputy (DSP) manager to take steps to prevent the viciousness and
the lynching of crowds.

The Bill proposes disciplines to distribute offensive content (1 to 3 years in prison) and to
make the situation unfavorable (five years) and obstruct legal proceedings (as long as five
years). The bill was submitted to Shanti Dhariwal by Parliamentary Affairs. The State
would pay the Rajasthan Victim Compensation Scheme for casualties and would

106
take steps

107
towards their recovery. If these crimes lead to the deportation of the persons concerned,
they will be placed in safe places, as proposed by the Bill. 50

Two incidences of lynching, allegedly by bovine vigilant men, were seen in the past by
Rajasthan. A crowd in the local area of Alwar threw Pehlu Khan out of Haryana in April
2017 on doubt about the catfishing. In a comparison case, in July of a year earlier in
Alwar's Ramgarh Zone, Rakbar Khan was killed by a horde of bovine watchers. The
proclamation of the provisions of the Bill and the grounds for it contains a proposal from
the Supreme Court for a decision to combat crowd lynching. It added that there were
multiple cases since late, leading to job loss, injuries and loss of jobs. The announcement
said it was proposed that evil be avoided and that disdain and induction to horde lynching
by this law be prevented from actually developing.
What is the need for a Rajasthan mob lynching bill?
The authoritative meeting in his reply, Minister of Parliamentary Affairs, Shanti
Dhariwal, stated that the bill knew that the crowd lynching occurrences were not
rehabilitated in the state. 86 percent of horde lynching cases disclosed in Rajasthan
among the entire amount of crowd lynching cases in India after 2014.

3.9.2 MANIPUR PROTECTION FROM MOB VIOLENCE ACT, 2018

It was Manipur, before Rajasthan, that passed the Mob Violence Act for the first time. It
was seen as a remarkable statute, given no codified mob lynching legislation exists.

In 2018, the Indian Supreme Court called this Lynch law as the 'horrific act of
mobocracy,' and also provided for several rules to be followed for the Center and the
State Governments. The Manipulative Law is in harmony with the Supreme Court
standards.

The main features of the Act include:

o As stated in the Act, the term of lynching is extensive and embraces several
forms of hate crime. Lynching is described as "any act or series of acts or
actions of violence or assistance by mob for religion, race, caste, sex,
birthplace,

108
50
Aakar Patel, The story of India and its lynch mobs, THE ASIAN AGE (July 1, 2018),
https://www.asianage.com/opinion/oped/010718/the-story-of-india-and-its-lynch-mobs.html.

109
 language, diet, sex, orientation sexual, political affiliation, ethnocide or for any
other associated reason, or any such event/act, either spontaneous and
planned."

o It excluded the solitary hate crimes and specified that mobs undertake the hate
crimes.

o The law stipulated that nodal official would control the crimes and the people
involved would be present in each district.

o This law has the greatest and most dignified contribution, making it the first in
the country to make this happen. It primarily emphasizes and specifies a new
offense of the public authorities' dismissal of duty. 392 It provides that police
officials who are unable, on their territory or territory, to prevent the crime of
lynched shall be subject for a prison period of up to three years, with fines of
up to 50 000 total prison sentences.

o It also underlines the protection against pressure, intimidation, violence,

inducing and threats to violence by victims and witnesses of the mob. It
emphasizes the State government's obligation and responsibility to ensure that
the victims and witnesses are protected.51

 It also prescribes the duty of the state officials to obviate any hostile environment
against thegroup, community or people who are lynched, which includes economic
and social boycott.

o No prior sanction is needed to report offenses against public authorities who fail
in their duty to prevent hate crimes.

o It removes the protection granted to public officials accused of any offense in their
performance of the duties which are equally groundbreaking in this law.

51
Arnold HT Sangma, Mob lynching: An uprising offence needed to be strenuous under the
Indian legal system, 2 INTERNATIONAL JOURNALOF ACADEMIC RESEARCH AND
110
DEVELOPMENT 30, 30 (2017).

111
 o Under section 153A of the IPC, which deals with promoting enmity amongst
individuals on the grounds of religion, race, language and so on, hate crimes
would be penalized.

o However, if someone want to register this offence, the state government need
prior authorization. These state governments also exploit this power several
times to protect the culprits who align themselves with the ideology of the
governing institution. As the state government of Manipur has been able to do
so, the law will be more productive and impartial.

o However, the State government needs prior consent to register the offense and
the majority of governments are using this capacity to guard against hate crimes
perpetrated in alignment between politics and ideology.

o The law also obliged the state to develop an aid and rehabilitation system where
victims were displaced and death indemnification was granted.
The statute ruled out the provision of hate crimes alone. Although the majority of
Lynching cases documented involve attackers and spectators, there are lone hate
criminals, such as Mohammad Afrazul in the Bengali case. This law inspired the lynching
laws of Rajasthan and West Bengal.

3.9.3 WEST BENGAL PREVENTION OF LYNCHING, 2019

The third state to pass the mob lynching law with severe penalties and follow the
Guidelines of the Supreme Court.
o Lynching is defined as 'any act or series of acts or acts of violent behavior that
are spontaneous or planned by a mob on grounds of religion, race, caste, sex,
birthplace, language, eating practice, sexual orientation, political affiliation,
ethnicity or any other ground,' as the West Bengal (Lynching Prevention Act),
2019."

o The statute stipulated that the aggressor and injurer must be imprisoned for three
years to life. The penalty for the crime and maximum sentence of life
imprisonment also extends from the Rs 1 lakh to Rs 5 lakh.

112
 o It also set the framework for the compensation of the victims of the West Bengal
Lynching Scheme. It also stresses that the protection of the victims and
witnesses of the crowd should be brought to the attention of the Court within 24
hours if there is a threat, incitement or coercion.

o The law further stipulates that nodal officer shall be nominated for Lynching
monitoring and coordination, that there shall be periodic review of local
intelligence inputs on worrisome and potential flashpoints, and that no official
below the ranks of inspector shall investigate lynching events.

o The law of West Bengal makes zero tolerance of hate crime more rigorous. The
law has mandated for anybody to "publish, communicate or spread offensive
content by whatever manner, physical, or electronic," a term of prison not
exceeding one year and a fine of up to Rs 50, 000.
o For people who create a hostile environment, a maximum prison sentence of
three years is applied and the penalty is extended to Rs 1.52

3.10 RECOMMENDATIONS:
1. Role of social media
People are relying heavily on social media these days, whether for entertainment,
communication etc. However, social media played, as described above, an important part
in disseminating fake news or bogus rumors that causes a community to follow the path
of lynching. The number of forwarding messages is regulated by one of the social media
platforms 'WhatsApp.' The difficulty is that these social media players have lots of
information about their users, and WhatsApp offers end-to-end encryption that respects
its users' privacy. Certain actions should be taken by the public and governments to stop
the spread of bogus rumors. The problem is that the private and social well-being of the
customer is balanced. Some of the measures are:

52
Akanshit Jha & Aditya Agarwal, Mob-Lynching and Massacre, Threats to The Nation: Can
“Masuka” Address the Issue? 4 ROSTRUM’S LAW REVIEW(2018).

113
-The news should be checked on respected news or search engines by Google. The
credibility is also controlled by evidence, and if the communications contain evidence to
reinforce their credibility, they should be monitored.

-Try to find the news purpose. Is it to propagate hate, insult or attack a community or
upset social feelings? If yes, you should avoid and report your message. Check whether it
is returned by a reputable source.

-Social media platforms should govern forward messages to make them an exception, to
be capable of encrypting the forwarded message and to be able to readily locate the
originator. In short, the message transmitted should constitute an exception to users'
privacy in the interests of the society as a whole.

-A government should provide an internet platform to help verify the credibility of the
information, while reporting it simultaneously if it proves a phony platform. 53

Role of mass media

There are several lynching events which are not sufficiently covered by the media,
because lynching is no longer recognized as a great story and should be considered. Even
under democratic conditions, incidences of mass-lynching occur only when the media
believes they need to be publicized in order to gain visibility, if they impact the higher
classes or a specific class. It is illogical and immoral to a group of individuals who come
together to kill someone. Another group of people is a serious hazard in a various country
such as India with numerous groups that contain different complaints and rejections over
thousands of years.

Lynching reports have been headlines for decades where most cases have in recent years
led to violent Hindu mobs who consider the murder of somebody morally justified by
accusing them of cow murder or sellers or beef consumers and also forcing somebody to
sing "Jai Shri Ram" but are not confined to a specific religion or society. Lynching's
report has been published in several decades. Hindus are even slain, as was seen from the
recent Palghar event. Mob lynching is a crime that must go beyond a certain indicator.
Other hate

53
Crime in India 2018, NCRB,
114
https://ncrb.gov.in/sites/default/files/Crime%20in%20India%202018%20-%20Volume%201.pdf.

115
crimes resembling the iconic attack at the Mangalore Pub were reported, and in 2012, at
Guwahati, a mob publicly bothered a female following a disturbance outside a pub.

Media plays an important part in forming the view of anyone. The news on the television
stations in India are increasingly attracted. They believe what they see, hear, and the
technological era has exacerbated the matter. Press companies with an eye to winning
viewership are more corporate today. Mass-media can be exploited by broadcasting news
about fraudulent reports and assertions in general society.

Need for separate of law on lynching

Crime is a public crime, which brings society under control and the welfare state an
impactful crime, it is vital that the whole community is taught through the introduction of
separate law. The religion and the caste of our communities. Article 14 and Article 15 are
undoubtedly breached. Laws are needed to maintain the ideas enhanced by Articles 14,
15 and 21 of the Constitution.

When law is enacted, lynching is shown to be a constitutional crime. The center is

responsible for drafting precise legislation in relation to mob lynching and states must
comply to it in accordance with their circumstance, since each region has its own
requirements. The previous laws should be a public message, appropriately, that lynching
is a crime. There would be a crime at both hands if laws were not formed.

The laws can deter mobile lynching from becoming commonplace after someone
becomes lynched and those who fail to control it (state). Before the situation gets out of
hand, the central government should draw lessons from rising tendencies. Before the
draft, the reasons of crime must also be understood. It would barely do anything to be
documented without taking it into consideration. New legislation can also provide for
rapid monitoring and monitoring of such instances in high courts and supreme courts.

Investigation and identification

According to investigations conducted by Dainik Bhaskar (29 July 2018), just two
individuals were convicted of mob-lynch offences.

116
In March 2018 the Ministry of Heimat Union revealed that 45 people were killed in 40
incidences of mob lynching in nine states between 2014 and 3 March 2018. The ministry,
however, stressed that its data do not contain information on the reasons for these
instances, either because of cow vigilantism, municipal enmity or caste hatred or child
lifting rumors. In addition, the Ministry, which takes care of internal security, has not
disclosed the location of the incident, the identity of the aggressor and the victim. 54

The identification process should be enhanced, as it is obvious that the culprits are not
discovered and they have the opportunity to flee their misdeeds. It must not only be done
with utmost care and responsibility to identify criminals, but also to identify evidence at
the crime site. A special squad should be established and assigned for the identification of
those who are repeatedly involved in lynching occurrences to create an extraordinary
force. In order to prevent these situations, they must instantly gain information and
cooperate with the investigative department.

To grasp and understand the facts that could aid further the case, a team is necessary to
investigate the case. It also allows for any political conspiracy to be identified. A separate
investigative team should be established, which solely investigates occurrences of mob
lynching and has no other problems. These departments should be ensured that no
political pressure is exerted.
Consequently, while implementing new legislation, it is important not to stop
investigations, to ignore procedures and to make sure that nobody plays a complicit part
in murders and cover-ups.

Recommendations for a separate department for mob lynching

The federal government is planning to recommend two high-level committees on the

ways the home ministry indicated above and the legal framework for effective handling
of mob violence and murder incidents.

The move occurred every week when the Supreme Court requested a law on murder
situations and on the violence of the people from the central government.

54
Reader’s Editor, Khairlanji: the crime and punishment, The Hindu (November 10, 2016, 17:19),
https://www.thehindu.com/opinion/Readers-Editor/Khairlanji-the-crime-and-
punishment/article16149798.ece

117
The government is following the Supreme Court's recent instructions on mob violence,
wherein state governments are urged to take effective steps to prevent episodes of
violence and killing by mob, and to take stringent actions in accordance with the law, a
proponent for Home Affairs noted above. In order to create the steps to handle matters,
the Govt. Has launched a high-level commission chaired by the Union Secretary of State
for Gauba's home department to discuss the issue and make proposals. Members of the
Committee of the Secretaries of the Justice, Law, Legislative and Social Justice and
Authorization Divisions.
In four weeks, the committee may present its recommendations to the government. The
Government has also set about representing a group of Ministers led by Minister of Home
Affairs Singh to consider the suggestions of the senior secretaries' committee, as
mentioned by the advocate. Minister for Foreign Affairs Sushma Swaraj, Minister for
Road Transport Nitin Gadkari, Minister of Legal Affairs Ravi Shankar Prasad, Minister
of Social Justice Thawar Chand Gehlot, the unit of ministers for the region. Premier
Narendra Modi is able to provide the Group of Ministers with its recommendations.
The minister proponent said before that the Center has been concerned by occurrences of
violence by mobs in certain parts of the country with regard to the acts of violence and
murder by the crowd. The Government has already denounced these acts and made it
clear to Parliament that it is committed to respecting the rule of law and to taking
meaningful measures to stop them.
During March 2014, the Union Home Ministry recognized that 45 people were slain in 40
incidences of mob murder in 9 states between 2014-3 march 2018. The Ministry has
processed, however, that it has no information on the cause of the instances, whether or
not they are due to the implementation of cow legislation, municipal or caste animosity or
child-lifting rumors. In addition, the ministry that cares for internal security has not found
the site of the incident, the identity of the assaultant and the victim.
In response to a request that the ministry of home affairs should keep a record of killing
incidents by massive groups that the unit grows in many areas, the State Union Minister
of Home, Hansraj Ahir, told Rajya Sabha on 18 July 2018, "The NCRB does not maintain
specific knowledge about relevant killing incidents in the country." Indeed, as stated in
the NCRB, the sentence of mob murder is not even legal. Furthermore, no solid
knowledge about the kind of violence, supposed motivations and relationship with the
group is missing from the account.
On 23 July 2018, under the supreme court injunction to reduce mob-murder violence, the
Union government expressed its initial specific concern for mass-murder occurrences. It

118
brought the Union Secretary of State for the home department to a high-level group to
discuss the difficulty and to produce a four-week recommendation.
A separate department is meant to remove itself from all political pressure for a freelance
investigation and to make the probe as clean as possible. If not, the cases should be
handled by CBI or NIA, a separate departmental unit, and the state police should not lean.

Supreme court guidelines for Prevention of mob violence and lynching against any caste
or community. (Writ petition (civil) no. 754 of 2016)) 55

3.10 PREVENTIVE MEASURES.

i) Senior police officer, not under the level of Police Superintendent, may be designated
by the State Governments as Nodal Officer in each district. Such Nodal Officers are
assisted in taking actions to stop occurrences of mass violence and killing by one DSP
official in all districts. They are therefore a specific task force for procurement of
information reports relating to the local unit apparently committing these crimes or to the
area implicated in propagating hate speeches, provocatory statements and pretending to
be news.

ii) Wherever cases of murder and violence by a crowd are rumored within the last five
years, the authorities shall straight off determine districts, sub-divisions and/or villages.
The identification approach should be done within 3 weeks of the date of this ruling; an
essential quantity is sufficient to encourage the task that is wiped out today's fast-moving
knowing range.

(iii) In the event of any case of mob violence between their jurisdiction, the Secretory of
the Home Department of the countries involved shall give directives/notices to the Nodal
Officers of the districts in question to ensure that the police officer in command of known
areas is further prudent.

iv) The Nodal officer, therefore selected, shall regularly (at least once a month) hold
conferences with the native intelligence units within the district on the site of all the
District Police Houses, and take action to prevent instances of dissemination of offensive
material

119
55
Anusha, Mangalore pub attack: Sri Rama Sena activists acquitted due to lack of evidence, One
India (March 13, 2018, 9:43), https://www.oneindia.com/india/mangalore-pub-attack-sri-rama-
sene-activists-acquitted-due-to-lack- of-evidence-2657339.html

120
throwing into the district. In addition, the Nodal Officer shall make measures to end any
community or caste targeted by such occurrences in the context of hostile situations.

3.12 REMEDIAL MEASURES.

(i) In spite of the precautionary measures taken by the State Police, the territorial police
office, without unnecessary delay, is entitled to lodge associated degree FIR under IPC
provisions applicable and/or alternative law, provided that the local police are informed
that the murder ort mob violence has occurred.

(ii) The obligation of the police headquarters officer whose police office has registered
such a FIR is to ensure, in turn, that no additional harassment of family members is done
by the Nodal Officer within the UN District Agency (s).

(iii) The Nodal Officer UN agency shall supervise an inquiry into such offenses in person
to ensure the effective allocation of an inquiry.

On an individual level

Most of the cases of lynching because some crowds and groups think that it is important
to punish a person as he or she likes. The citizens may contribute by being observant and
aware of the information distributed on social media and other platforms. They can help
individually.

The WhatsApp option for transmitting the message is available. The same can be done on
Instagram and other websites for social networks. The citizens shall not believe in any

121
kind

122
of fake news or invalidated messages or news without checking the original source which
needs to be reliable.56

56
The Dadri Lynching: how events unfolded, The Hindu(March 28 2016,
17:15),https://www.thehindu.com/specials/in-depth/the-dadri-lynching-how-events-
unfolded/article7719414.ece

123
 CHAPTER – 4
MOB PSYCHOLOGY

4.1 MOB PSYCHOLOGY AND CROWD CONTROL

Most of the people were seen by law enforcement agencies as a destructive entity since
they had frequently divided headaches. Interesting is the psychology of a mob. People in
a mob are going to act and behave considerably differently. Otherwise, quiet folks who
respect the law can soon be furious and aggressive, committing crimes because they are
unhappy to find answers. They can do anything together and commit the most
abominable atrocities. The law enforcement forces often get condemned in this era of
outspoken media and human rights activism for being subjected to human rights
violations when interacting with the people. It is undoubtedly a huge challenge to control
a crowd and this becomes even more complex in a country like India, where the masses
can include different groups based on religion, caste, class, territory, profession and so
on. It is vital that law agencies investigate the psychology of the crowd; else the throng
cannot be effectively controlled by using the baton.

4.2 THEORIES OF MOB PSYCHOLOGY

Let us take a look back at the basic idea of psychological crowds which has led to many
of today's severe methods. Born in France in the 19th century and then adopted by most
social scientists of the 20th century, this idea showed that people in a crowd lost their
uniqueness and became evident to their own aggressive behavior. The conception of a
population as an one entity instead than a collection of autonomous persons, capable of
thinking for themselves, led to words such as 'mobile mentality' and 'deindividuation.' 57
Some of the main hypotheses about people's conduct are:

1. Le Bon’s Theory
2. McDougall’s Theory
3. Freud’s Theory
4. Allport’s Theory
5. Turner’s Theory

57
Ashok Kumar, Alwar lynching: In Lalawandi village, cow protection is serious business, The
Hindu( July 24 2018, 21:47), https://www.thehindu.com/news/national/alwar-lynching-in-
lalawandi- village-cow-protection-is- serious-business/article24505343.ece

124
The study of collective behavior began by examining the behavior of the crowd. Crowds
of people were an important subject of research in the psychological discipline in the 19th
century. The origins of crowds in maternal impulses and mass copying were hypothesized
by the early psychologists Gustavo Le Bon and Gabriel Tarde. Le Bon suggested this
"mob psychology" as a crowd theory. Since that time, the psychological perspective of
the crowd has largely superseded sociologists. They have revealed that people's
behaviour, rational and socially ordered, are far more mindful than Le Bon imagined. Not
only that, they have expanded the field to include mobs, disturbances, rumours,
audiences, public and mass (social) movements and crowds with the new term 'collective
conduct' They have coined.

Various psychologists and sociologists have proposed many hypotheses to explain why
the crowd is acting in a specific way. We'll look at some of them below. The people's
behavior is constantly determined emotionally. Emotions such as fear, anger, and rage are
the common things of all people. The mob form, feel, and act as regards these shared
elements. They give a joint link and an interaction basis under all circumstances. The
concentration of attention, leaders' ideas, the use of verbal symbols and other symbols,
the thrilled gesture of the audience and other elements of the occasion enhance the
emotionality of the crowd. The crowd is easily led on the basis of these emotional
features. The population is mainly composed of critical faculties. Individuals accept as
true the most improbable of statements.

1. Le Bon’s Theory:

According to Le Bon, who was the earliest and most important exponent of crowd
behavior, he would have "perforce the individual into the instincts which he had alone."
He's not aware of his activities any longer, like the hypnotized individual. In parallel with
the destruction of particular faculty, others may reach a high level of exaltation.
He isn't himself anymore, but he is an automation which stopped being driven by his
volition. He's barbarous in the crowd. He has spontaneity, violence, ferociousness and
also the heroism and excitement of early creatures.
Le Bon created his most essential concept of 'group mind' as he explained the crowd's
behavior. Group-minds make people feel, think and act in a very different way than
everyone feels, thinks and acts in isolation.

125
The mental group of all members of a group is not just a collection of (or sum) minds. It's
a mentality that is separate from minds that work at various levels. Their work is built on
emotions, pleas, proposals and slogans.
Its behavior is less reasonable and emotive. It's an irresponsible mentality that focuses on
anything instant. Its level of mind is really poor. It gets aroused and acts hypnotically.
This is why people are most irrationally behaving in a crowd than they do individually
elsewhere. 58

Le Bon’s ideas may be summarized as follow:

i) crowds arise through anonymity (that causes personal accountability to be diminished);

ii) In contagion (ideas moving rapidly through a group)

iii) Through a suggestibility. In the crowd, psychology is subjected to a 'group mindset,'

which affects individual behavior profoundly. Le Bon claimed that society is under threat
from the rule of the crowd in times of social decline and disintegration.

2. McDougall’s Theory:

The notion of unstructured groups or crowds is basically the same as that of Le Bon's
psychologist William McDougall. He describes the two core phenomena of mass
behavior, namely the strengthening of emotions in a crowd and the lowering of
intellectual levels: the first is related to the 'primitive sympathic response' concept of
direct emotional induction.
The more people that can concurrently notice the same feelings, the stronger the
contagion. He said the more people. The person under emotional influence loses the
power of critique and slides into the same emotion. By reciprocal engagement the
communal emotion is strengthened. Increasing emotion and unwillingness to oppose the
authority of the crowd in turn impede intellectual processes and the reduction of the
intellectual level in the crowd.

58
India Today Web Desk,
Jharkhand:Muslimmanbeatenuponsuspicionoftheft,IndiaToday(June23,2019),
https://www.indiatoday.in/india/story/jharkhand-muslim-man-lynching-jai-shree-ram-jai-hanuman-
126
1554634-2019- 06-23

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McDougall described the behavior of the crowd in the following words:

A multitude is over emotionally impelling, fickle, inconsistent, irresolute and extremist,

showing only the harder emotions and the less sophisticated feelings. It is very
suggestible, careless, hasty, incompatible with any but the simpler and more imperfect
forms of reasoning. Therefore, his behavior is like the behavior of an unruly child or a
wild animal.

3. Freud’s Theory:

The theory of McDougall's empathetic appeal that is responsible for emotional

intensification, is not embraced by all experts. In his essences in Group Psychology,
Sigmund Freud writes that, "There is no question in us that something exists that we do
not successfully oppose, resist, and react in quite the opposite manner, when we become
aware of the symptoms of emotion. So why, when we are in group, do we usually give
way to its spread?' Freud traces it to our indirect impulses.

Freud says that a love relation, emotional links, keep any group together. It outlines what
he thinks is 'the main group psychological phenomenon.' E. D. Martin interpreted crowd
behavior as the release of repressed urges using Freud's psychoanalytical method.

The limitations of a superego are eased through a crowd, and primordial ego-impulse
come into play. In the people the 'Censor,' which ordinarily is limited to the inner
recesses of the personality, is put aside and the instinct, or basic 'II' impulses come to life.
This allows the mob to release otherly restrained desires instantly.

How helpful Freudian theory is in describing the behavior of crowds is argued that
factual observation does not support this. Occasionally the behavior of the multitudes can
express repressed urges, but not all crowds can do so. Moreover, all the elements of
crowd behavior cannot be explained.

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4. Allport’s Theory:

The McDougall hypothesis of sympathetic emotion and behaviour has also been
criticised by F. H. Allport. He provided two ideas to explain crowd conduct, one being
the idea of social facilitation.
According to this theory, two people receive the same response from a common stimulus,
and, if they are thus prepared, the sight of one person releases this answer and increases
the response in the other. Inter stimulation is the second principle.

5. Turner’s Theory:

Sociologist Ralf Turner has gone beyond the psychological inadequacy of the multitude's
explanations to build an emerging norm. The essential tenet of this approach is that there
is also social interaction in even the most violent and hazardous masses, which defines a
situation, creates standards for sanctions and justifies and codes of action.

Therefore, all of the foregoing reasons illuminate one or the other component of the
complex crowd behavior phänomenon. They are therefore inadequate and incomplete.
There are several variables that contribute to the emergence of the crowd's usual
behaviors, such as anonymity, stimulation, emotionality, suggestibility, initiation,
contagion, lack of volition, unconscious impetus.

The idea of multitudes has moved away from the previous (McDougall, Le Bon, etc.)
perspective that considered the person as under the influence of the multitude and as
having lost his ability to assess rationally in front of an overwhelming emotional
contagion. Socio- gists, instead, are now explaining several comportements using the
same sociologic ideas which explain social group comportement. 59

59
Zeeshan Shaikh, Palghar Lynching: A recap of what happened, The Hindu(April 24 2020,
7:10), https://indianexpress.com/article/explained/palghar-mob-lynching-mahant-kalpavruksha-giri-
6370528/

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4.3 CROWD CONTROL

Given that the purpose is to disperse the armed protest crowd, there are several tactics to
chose by law enforcement forces. Law enforcement authorities must carefully assess how
they should be implementing measures. It actually depends on the level of threat. You
must remember.
Mob psychology has shown that some leaders in the mob are always more reasonable and
understanding than other people who have a big impact on people and peaceful men or
mediators. These persons have to be identified by law enforcement agencies and tried to
communicate with them or persuade them to moderate the crowd's conduct. If the heads
of the law enforcement agencies are aggressive and threaten to do things by themselves,
they must endeavor to regulate those leaders and prevent them from getting out of hand.
Even after several warnings the police should use minimum force to prevent or distract
from the mob by utilizing screens and batons if the throng is not relentless. If the mob
begins to get violent, it is also advisable to employ tear gas, water pants and rubber
bullets. In exceptional situations, arms and ammunition should be utilized if the police or
others face a severe risk of injury or death. The law enforcement agencies must be patient
and convincing while being energetic and rapid on one side, while regulating the crowd.
When you deal with them, you have to grasp the psychology of the people. While dealing
with two parties, the head of the police must be a good decision maker and also unbiased.

The commander can be flexible in the exercise of crowd control using a number of
tactics. In the selected crowd control option, the commander must choose a mix of
approaches that will deliver the desired outcomes. The following are the most popular
techniques:

Observations

Observations This covers the collection, reporting and obtaining information about crowd
size, location and mood.

Communication of Interest and Intent

Effective communication with crowd leaders and participants may allow force to control
the situation without using harsher methods in some circumstances. The control

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commander in collaboration with local authorities should meet the activity organizers in

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order to explain the interest of the control forces when planned and coordinated protests,
marches or rallies in a troubled region are publicized.

The commander and local authorities should express their intentions to the activity
organizers to deal with violence, illegal conduct and violations of limitations. The goal is
to make protest, demonstration or march without incident by the mutual cooperation of
all concerned, through this communication between activity organizers and control
forces. When carried out as an ultimatum, the aims of the control forces will not work. A
restricted and reckless dialog with the activity organizers diminishes authorities' ability to
learn about demonstrators' plans. It should be recognized that the activity organisers
could hold the demonstration in opposition to the local authorities, provided this message
is not successful. 60

Channelization

If dissident leadership is contacted and the intention and character of the crowd activity is
known in advance, the leaders may be put under pressure. This transfers the crowd to an
area that reduces the disruption of the population in the neighborhood and makes it easier
for the control team's operations.

Diversion

Efforts to distract people's leadership from its declared or perceived goal can be taken
into account. This attempt will be made much easier if there are communication with the
crowd leadership. This strategy might be either direct, negative or indirect, to promote an
other site or a more interesting pastime for the public. The diversion should help the
control force's aims either by lessening the intensity of the crowd situation or by
motivating the mob to find a controlled area more easily.

60
Delna Abraham and Ojaswirao, available at https://www.hindustantimes.com/india-news/86-
killed-in-cow- related-violence-since-2010-are-muslims-97-attacks-after-modi-govt-came-to-
power/story- w9CYOksvgk9joGSSaXgpLO.html

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Cooperation

The control force needs to work with the dissident leadership to reduce the disruptive
potential. In addition, officials should use this chance when people request permission
and cooperation from the local government. This can be achieved by discussing the
leadership in a joint plan attempt to facilitate a peaceful demonstration for the protestors.
This will also provide guidance to minimize the impact of the demonstration on the
neighborhood.

Proclamation of Dispersal Orders

Sometimes law enforcement agents must invite group members to disperse promptly
within their houses. A declaration sets forth the illegal nature of the conduct of the crowd
and is an efficient means of communicating the goals of the control force to a crowd. The
purpose of a dispersal order is to disperse a gathering permanently, and not simply to
move the problem away. It needs to be made clear that the audience should leave the area
quickly and advise against the use of force that could lead to serious discomfort or harm.
The distribution order must be provided to the intended audience in a way that is
reasonably believed to be heard and understood. Depending on the conditions, numerous
advisories from various locations may be required by law enforcement. Scatter
commands can be issued in languages suitable for the audience. Regardless of the way
the law enforcement is given, the identity of the person making the declaration and time
of each order should be recorded. Disparse instructions should not be issued before the
control forces are able to support movement of the crowd.

Methods that may be used to deliver and document dispersal orders includes (not in
priorityorder):
 Loud speech
 Amplified sound
 Display of signage indicating unlawful assembly and dispersal
 Gaining the attention of the crowd and documenting affirmative responses of
crowdmembers prior to the declaration of unlawful assembly

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  Positioning law enforcement personnel to the rear of a crowd to confirm and
documenthearing the transmission of the dispersal order
 Acquiring multiple-language capability
 Using video/audio recording equipment for documentation of the dispersal order

 Show of Force

A show of force may be effective in various situations in civil disturbance control

operations. Towards such gathering throng, a very well equipped and highly controlled
force might all be needed to encourage dissidents to disperse and to quit the scene
peacefully. But a show of strength might have a detrimental effect in other instances. It
can attract more people to the "shows" and cause a non-violent crowd to engage in
violence. When the staff are dispersed in small groups in the area of disruption, motor
marches can take the shape of motor saturation patrols and static posts. 61

Apprehension of Crowd Members

A person's apprehension can be justified only if he is in breach of the law. Situation can
emerge when huge numbers of people take part in illegal activities. A crowd control
mission is carried out. The dispersion of these organizations could lead to greater
violence or activism. The use of water and riot management agents can be prevented, and
thus the mob must be contained in a particular region, or those crowd members who
perform unlawful activities must be apprehended and removed. Military troops should
allow civil police officials to arrest, process and detain civilian violators wherever
practicable. However, these responsibilities may need to be carried out by military troops
in times of need. A good planning, education and full informing of participating peace
officers before to the event are the most successful law enforcement method for coping
with mass arrests and bookings. Mass arrests are resource-intensive dynamic events.
Every procedure must be sufficiently adaptable to address issues faced by the field.
Various arrest strategies to counter illegal conduct should be prepared by the police,
including: passive resistance, active resistance, assault and confrontation with life-threats.
The police should maintain responsibility during the booking procedure for the arrests on
the arrest website (criminal scene). Many cases have been lost because the arrest warrant
officer cannot match the arrest

61
IndiaSpend report on Child lifting rumours, available at https://www.indiaspend.com/child-lifting-
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rumours-33- killed-in-69-mob-attacks-since-jan-2017-before-that-only-1-attack-in-2012-2012/

135
warrant. The report should set down the particular criminal act(s) of every arrested person
and witness officers. This procedure is helping to reduce civil responsibility and criminal
prosecution. All the various criminal justice bodies must make a coordinated effort to
make sure that violators are arrested, reserved and prosecuted. Keep evidence
accountable. The retention of evidence beyond criminal prosecutions, until possible civil
proceedings, should be considered.

Use of Barriers

Barriers can efficiently be utilized to redirect crowds and avoid driving automobiles near
sites that risk more damage such as government facilities.

Employment of Water

Water from a Firehole can move small groups onto a narrow front, like a roadway or a
barrier or blockade. The control force and, in some situations, shields should safeguard
personnel using water.
The Navy supply inventory does not include, but is subject to improvision from existing
equipment, the special water dissipation system intended for use in civil disturbance
operations. Water can be used as a high trajectory gun or as a solid stream (employing
water as rainfall). In chilly temperatures, the latter is very effective.

With the use of a big tank of water (750-1000 gallons) and a built-in 'water cannon,' the
force can use water as it progresses. One can be kept in reserve by having at least two
such trucks.

Water tubing can be arranged in advance on board ship. The fire stations to be used are
usually identified by their location and the coverage for these teams is available. Past
experience has demonstrated that aqueous film forming foams (AFFF) have had a
confusing effect on crowded people and have improved the efficiency of firefights from
the vessel when crowds were attacking objects on and to the pier, including automobiles
and mooring ropes.

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Certain restrictions must be implemented in the use of water, as with other force
measures. Do not use water on innocent people. Provide escape avenues and only employ
more serious, flat paths if required.

Riot Control Agents

An efficient means of dispersing crowds is using riot control agents. However, remember
that the impact of riot controls is only transitory and won't prevent mob reforms in the
same or another area. Riot control agents offer several advantages over other strategies
since they have a quick effect without permanent harm for huge groups of people. Riot
control agents are dispersed by big crowds without direct contact with rioters when
appropriately utilized by the controller force. To ensure a safe and efficient use it is
necessary to understand riot control agents, their capabilities and limitations. The
installation commander is responsible for ordering the use of riot control agents.

Photography

There is no guarantee and should be avoided to film or photograph people engaged in

legally dissident (picket, peaceful demonstration etc.). The recording of people involved
in illegal behavior is however advised to indicate the crimes being done and/or the
identification of the individuals committing the crimes as a future record for the courts.
Moreover, documenting events can swiftly remedy excessive force complaints through
force workers. 62

Public Reaction and Mob Reaction

How can we analyze and react to apparently typical groups of people acting violently and
disgustingly? India has witnessed the countless successive lynching occurrences, initially
by "cow defenders" who slaughter predominantly Muslim livestock sellers, and later by a
series of mass attacks in various states targeting "outsiders" who are suspected of child
abuse. Although the authorities need to take legal action in the face of violent
perpetrators, we must recognize that this wave of violence is not merely a failure of law
and order.

62
When social media rumours on child abduction trigger mob lynching, by K.
Deepalakshmiavailable athttps://www.thehindu.com/news/national/when-social-media-rumours-
137
on-child-abduction-trigger-mob- lynchings/article24280603.ece

138
A relevant perspective for understanding this phenomenon is the concept of "
pathological normalcy." This concept was based on theories of social psychology that
address how the behavior and mental processes of individuals are shaped by social
interactions. Carl Ratner, an American cultural psychologist, and Erich Fromm, a social
psychologist, analyzed pathological normality, i.e., unholy mental states and actions that
so frequently emerge in society that they are recognized as the standard.

It can also be considered that pathological normality is pathological processes that

become so ubiquitous socially that they lose their own character and become common
and accepted. Stört or unhealthy behavior — for example, illogical hate or advocacy of
violence – becomes quite prevalent, and such people have a similarly ill mentality to
share a lot with many other individuals. The completely healthy and objective person
may be found in a relative minority and may feel lonely in this setting of unhealthy herd
mentality.
For example, substantial portions of the populace in Germany, together with the support
of governmental brutality against Jews, experienced widespread and harsh discrimination
in the 1930s. A number of economic, social and political variables like mass
unemployment, economic misery and hyperinflation, the feeling of national damage
following Germany's World War I defeat and the consequent collective insecurity have
contributed to this mentality.
The works of Ratner and Fromm reveal that such behaviors are often part of the norm but
are not entirely healthy. These disordered psycho-social situations create a fertile basis
for extreme cases such as mass violence. Therefore, without locating them inside a
warped mind, which epitomizes pathological norm, we cannot properly explain such
extreme happenings.
The new normal illness
in his chapter on pathological standard management in healthcare Ratner believes that
aberrant psychology is explained in new ways by pathological normality. Normal types of
pathology — like widespread discrimination and hostility towards some groups, a diffuse
but strong sense of fury, tolerance of violence always surround and underpin aberrant,
excessive forms of pathology such as mass violence. The abnormal behavior is neither
'normal' or discontinuous to it. "An aberrant violence, extreme violence, is an offshoot of
regular violence." 63

63
Crime in India 2015 Statistics, National Crime Records Bureau Ministry of Home Affairs,
139
available at https://ncrb.nic.in/StatPublications/CII/CII2015/FILES/Statistics-2015_rev1_1.pdf

140
The current surge of lynchings across India has led to hyper-reactivities among huge
sections of the people, especially in rural and small towns, as a result of a combination
with socio-economic, political and psychological variables. These issues include the
deepening agricultural crisis and blocking employment options, which involve a great
deal of dissatisfaction and fury in rural residents, especially the youth.

In addition, political interests have created in the social media a mood of morbid distrust
and hostility towards religious minorities and those viewed as outsiders. In many
countries, a sense of political impunity has been projected by the rule dispensation for
vigilant organizations that attack Muslims and encourage them further.
Another aspect is the abolition of the welfare State, which has diminished profitable
public services and rights, such as public health and education. At the same time, the state
has emerged as an alienated ‘surveillance state’. Both these changes appear to have
caused a loss of confidence in the state and have led to an external and unwelcome public
understanding of the state. This in turn has led organizations to adopt law and order. In
this environment, widespread and perceived 'normal' habits, which are no longer equal to
being healthy, set conditions for recurring, apparently irrational, multitude violence.
Remolding the public psyche Not just at the level of social psychology, pathological
normality is obvious but can also be manifested politically.

As Ratner highlighted, the huge popularity of the Nazi Party in Germany in the late 1920s
and 1930s demonstrated such a skewed yet ubiquitous public psychology. A broad group
of German societies, including the major mid-class sectors, the majority of the
industrialists and the President of Germany who selected Adolf Hitler the Party head as
its Chancellor in 1933 embraced Nazism as a pathological political formation. The Nazi
Party was a popular, popular and regulatory party. Like six million Jews across Europe,
Germans that did not support this party had the possibility of being slaughtered.
In retrospect, many from all over the world, including a whole generation of Germans,
questioned how a truly inhuman force could have lured millions of German people to this
undeniable commitment for over a decade. These dynamics led Wilhelm Reich to
develop the Mass Psyche of Fascism in his book
Do not go together dictatorial power and truth. They are exclusive to each other. In social
life, there are degrees of authority and lying levels. The more genuine the masses, the less

141
tyranny; the broader and more terrible the masses of irrational illusions, the more terrible
the dictatorship of specific groups are.

Tabrez Ansari's recent mob lynching was the 14th state and 266th in India in the last four
years in Jharkhand's Dhatkidih Village based on data from Factchecker.in, a website
which tracks the horrifying history of religious hate crimes in India. The website has been
collected.
Most of the accused were either release on bond or never arrested in increasing
incidences of mob violence. In spite of the serious order to secure justice issued by the
Supreme Court to the authorities. The questions now arise: why are land laws and the
judiciary always lynched? Isn't the law afraid? What makes a mob blood thirsty? What do
the perpetrators think while committing such a heinous act?
The Tabrez case demolished the idea of the illiterate, unemployed and misled youth
doing these odd deeds. The chief accused – Pappu Mandal - was a high placed NIT
graduate - who, with some others, thrashed his 22-year-old with suspicion that he was a
thief, allegedly brought him to sing 'Jai Shri Ram' and gave him 'dhatura' when he asked
for a toxic leaf. Later on, Tabrez died of his police custody injuries.
Mandal's Facebook timeline tells us that he is a Bhartiya Janata Party ruler and hateful to
Mahatma Gandhi—a non-violent champion. However, the police declared that none of
the defendant had a political affiliation following his arrest alongside ten other
defendants.
In order to comprehend this mobocracy, which has evidently be a new normal within the
past five years, News Click talked to a psychiatrist, retired police officers and social
scientists. 64

Psychology of Mob

As Aditi Kumar, a Delhi psychiatrist, explains the psychology of a lethal mob:

'Everything depends on the system of beliefs we hold. This is done by individuals who
feel that they are authorized to shift responsibilities. This brings into question the
mechanism of defense, which 'I represent the whole community.' It's an idea that an
individual doesn't kill a

142
64
USCIRF Statement on Mob Lynching of Muslim Man in India, UNITED STATES COMMISSION
on INTERNATIONAL RELIGIOUS FREEDOM (June 6, 2019),

143
different person but does it for the whole community, so it doesn't take a person's life
alone."

“Literacy does not account for knowledge and values. Therefore, when we realize that the
mob lynching participants belong to the so-called well-educated sector of our society,
what should our educational system focus on? What should we actually do? Does the
entire topic-designed system merely provide us a sense of literacy or do we bring the
whole growth of the individual at any point?? An individual who is capable of forming
his/her opinions remains a part of the community through intelligent and responsible
existence, and not by mindless belief in disregarding him or her. A person is an end of his
family, the education and the community in whom he or she is born, a system that leads
to haywire might lead to a miserable failure of the whole mechanism," she said to News
Click.
In terms of legislative capabilities, she thinks that laws will not be observed even if they
are reviewed as required by time and the company unless they are implemented.

4.4 INCREASING SENSE OF IMPUNITY

"One of the fundamental reasons underlying the growing incidence of such hate crimes is
impunity — a belief that, as the government is with us, anything can be done and done.
It's our administration. This impunity also gives perpetrators the feeling that they (the
victims) can be second class citizens or non-citizens, are capable and killable to lynch,
and neither the law nor the government can protect their lives against our anger," says
Kafkaland writer Manisha Sethi: Law, Prejudice and Counter-terrorism in India.

She also said, "The guilty parties get a sensation that they have done something right
when a union minister Girland believes in a lynching affair. Then you were sentenced to
bail and then a union minister was guilty of you. Of course, this will contribute to the
sense of impunity and courage."

She referred to the controversy of July 2018 that arose after Jayant Sinha, Minister of
Civil Aviation of the Union, awarded a warning to eight men convicted in the
assassination of Alimuddin Ansari who was killed by the Ramgarh district mass lynching
in Jharkhand in June 2017, when they walked out of prison following bail of the High
Court.

144
Manisha, who is also an associate professor in Jawaharlal Nehru Centre, Jamia Millia
Islamia, remarked that no crimes of this type are spontaneous when questioned whether
they are organized or spontaneous acts. "In certain circumstances, it might or may not be
scheduled, but neither does it feel spontaneous. It is true that people (those who kill
others) don't know each other and no one actively targets someone. In that sense, it's not
organized. But such groups are looking for some persons or the community that are easy
targets since they are not protected by anything. It feels like 'we are the genuine citizens
and those who live here are at our mercy. They are the mobsters. She explained the
Lynch mob's process of thinking, "We will select who is and who will not live here." 65

4.5 MOB LYNCHING: REFLECTION OF STATE’S FAILURE

Vikram Singh, Uttar Pradesh, former police director, considers a mob lynching local
government "a slander" and a poor reflection of local police effectiveness. "The police
have miles to travel. A police officer should apply the rule of law without prejudice.
Regressive police should be addressed to those who have been determined to be careless.
Identification, investigation, trial and convictions in a fast-track court. Analyzes should
be made of those who are acquitted. Whether it was due to sloppy investigations,
antagonism of witnesses or mis prosecution's, it must be established that led to their
acquittal." News Click said that the sensitivity of such cases in the troops around the
country is not visible now.

According to him, the Police Superintendent (SP), Deputy Inspector General (DIG) and
other top police officers should keep track of the progress on the investigation of such
cases of mob violence and fix the liability of police officers found involved in shabby
investigations that generally lead up to acquittal. The police officers should be held
accountable for such cases.

What I found is that there are biased investigations. It is necessary to evaluate the history“
of those who were sent by the court following the convictions. These cops who
participated in the execution and allowed the witnesses to become hostile should be
brought to the

65
Government urged to ratify UN Convention against Torture, NATIONAL HUMAN RIGHTS
COMMISSION, INDIA, https://nhrc.nic.in/press-release/government-urged-ratify-un-convention-
145
against-torture.

146
 book. But it's not all done. There should be zero tolerance. An investigation committee
should be established and convictions secured by inviting all relevant parts of a
waterproof case. If a waiver occurs, it should detect deficiencies. Those found guilty
should be dealt
.with to make it disruptive," he continued
To eradicate the murder impulse in the police and the government is the fundamental"
obligation. You can do that as if there is a will. If you wish to send the culprits behind the
courts for the atrocities they did. Despite the Criminal Law Amendment Act, 2018, the
Indian Penal Code (IPC) and the Code of Criminal Procedure (CrPC), the perpetrators of
Nirbhaya are still far from gallows. Despite such legislation, the crimes against women
have not declined since the killer instinct in the system fosters sloppy research, bad
prosecution and witnesses have been compelled to turn hostile in the absence of daily
improvement. These situations are permitted. He referred to Sinha – a Jharkhands
Hazaribagh constituency MP and another case when the accused of Akhlaq's lynching
case in Dadri who died in prison were draped in tricolor. "Their syndicate minister, the
guerrilla mob, and other people accused, are draped with flags of national law and they
".aremechanics for martyrs and not criminals
He concludes that the fault resides with lower cops and their bosses. "A notice that any
,reticence on the test is not tolerated should be sent. In the field of crimes against
minorities the political approach of the police is always seen. He isn't a police guy if a
police man is
66
a partisan. Everybody is equal in the eye of law,” he added

4.6 HONOUR KILLING

Having regard to the history of the honour-murdering tradition that continues to

stigmatize community in certain regions of India. The caste and gotra culture are
activated. Nobody should disobey the rule of the court, otherwise the charge of infringing
the law was brought. Two adults have freedom to marry and, asserted Chief Justice of
India Dipak Misra, "no third person" has a right to harass or to injure them. The murder
of a relative is defined as the murder of a girl, a wife, and a man, who are thought to be
bringing dishonor to the family. Data 2015 India stated that 251 honor killings took place
in 2015 as a result of the National Crime Records office, which showed a substantial
increase in killings of persons who feel they are acting in defense of their families'
dignity. Between 2008 and the State reported 34 honor murders. More than 300 cases

147
documented over the last ,2010

66
Ankita Ramgopal et al, Mob Lynching in India: where does the buck stop? THE LEAFLET (May
24, 2018), https://theleaflet.in/mob-lynching-in-india-where-does-the-buck-stop/.

148
three years have been an ongoing case of honor killing in India. Honor killings have
mostly occurred in North India as a result of the marriage of persons without acceptance
of their families and, sometimes for marrying outside of caste or religion, primarily in the
states of Punjab, Rajasthan, Haryana and Uttar Pradesh. In South India and the western
Indian States of Maharashtra and Gujarat, the murder of honor is also widespread. The
author covers the existing situation, changes in law and changes required to better the
current
?scenario? Here in this article
The killing of honor is an act of assassination by family members. This would be the
unmoral behavior of family members who believe in caste and gotras over their lives. It is
to eliminate the dishonor and shame of a family member. The man or any family member
kills someone who does not correspond to its social status. It could even be a preplanned
murder; caste and religion are the main factors. People still believe in caste's dominance
over life, even after 70 years of independence. India is a democratic country where all
.people have the right to equal treatment and the right to life
Purpose
• The objective was to consider honour killing as a serious crime and to research the
legal aspect of the honour killing.
• To warn society from the consequences of Honour killing.

Principal factor
The fundamental factor of this crime is that, in order to preserve their caste or family's
status within society, most caste-based people do not permit inter caste marriages. Due to
complicated socio-cultural issues, the crime of honor killing is increasing at a high level.
To restore the respect and honor lost via inter-caste marriage of love. Crime like the
practice of Sati in India, however, is strictly forbidden yet is still growing. The practice of
sati and honor killing is perpetrated only by igniting.
The Shakti Vahini NGO filed a PIL which underlined the rule of terror of the khap
panchayats inflicting extreme punishment for loved couples or violating the customary
sagotra marital code.

149
Intention for honour killing

150
• The Apex Court today remarked that Gotra was associated with 3 percent honour.

• The reason behind the remaining 97 percent is for faith and other reasons.

• This odious crime is encouraged to carry out the continuous harshness of the caste
system.

• Fearing losing the caste privilege, they profit from many advantages.

• It is unacceptable to see people marrying in and outside the community in

comparable ways.

• Company withdraws from marriage freedom of choice.

• The fact that the root reason of this increase is the lack of structured law is that
structured governance does not reach rural areas.

• The lack of formal bodies as a panchayat Smiti or a valid assembly in the Khap
Panchayat leads to the brutal rule of the illicit and unconstitutional panchayat.

• Honor killings have taken place in the area where the sex relationship is lower and
girls have been acquired for marriage due to a major gender gap, leading to a
widening of the gender gap.

• The key reasons for the rise of crimes are illiteracy and a lack of awareness of
freedom and constitutional rights to defend them from exploitation.

• The honour killing violates Article 14, 15(1) & (3) 19, 21and 39 (f) of the Indian
Constitution.

• Another motive for the member to be involved in honor killing is the fear of losing
their reputation and respect in society.

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 • Honour killings are characterized by the fact that criminals in their communities
have no unfavorable reputation because their actions are considered legitimate.
Khap Panchayat

The egoist chiefs of caste courts in the village are Khap panchayats. There is a lot to try
to introduce regressive views. In the Medieval ages, in the face of a tenuous life of law
and order, khap panchayat, an endogamous, gothic clinical body, was established in the
vicinity of Delhi by recurrent inroads of foreign invaders. It was intended to safeguard
and resolve issues between its member’s double. 67

The Khap leaders wield complete supremacy and power as guardians of honor in their
caste group.
Khap Panchayats must be disbanded to some extent in order to help solve the problems
with their lack of authority in the villages.

Method of the reasoning behind Khap activism

Is that different social caste has or does not have specific norms, whereby one man or
woman cannot marry another man or woman in different groupings.

The endogamy principle

This means that people from the same race, area, status, supposition or social group will
not be married. This is the rule. Many individuals argue that their major function is
founded on a permanent and unchangeable aspect of Hindu tradition. This type of
intuition ensures that khap panchayats are consistent in our public.

The protagonists of the khap want a formal ban on marriage to the same gotra

This is primarily due to a false fear. Only 3% of recorded honorary crimes include
married couples, according to the central commission for the women's report. In almost
two dozen recent incidents, Haryana is home to only one incidence of the same gotra and
same village marriage. The couple were murdered brutally and the law condemned the
crime rigorously.

67
The Manipur Protection from Mob Violence Ordinance, 2018, https://manipur.gov.in/wp-
152
content/uploads/2016/05/mobviolence.pdf

153
The rest belongs to caste/alliances, which are in violation of certain ancient traditions.
The khap elements brought about a collective hysteria about the issue of tradition

.
The truth about Khap
• The Indian law system recognizes to some extent the level and frequency of
negligence and monstrosities committed by the Khap courts, because of its
insusceptibility.

• The Rajasthan State and Public Interest Litigation (PIL) was referred to the High
Court of Rajasthan drawing attention to the weaker population, particularly women,
under unconstitutional panchayat state administrations.

• The Court noted that such panchayats had no way of passing social blacklists or
fining someone and disregarding basic rights of a person.

• The Supreme Court has taken a stunning move in the case of UP versus Krishna
Master to punish the three men accused of honor who have killed the six.

• The bench also determined that in the case brought by the court, the whole familiy
would fall into unique circumstances on the weak premise to burn the family's
dignity. This was duplicated in Bhagwan Das vs. State (NCT Delhi), where the
court declared that all should know that the ground was awaiting honorary killing.
Punjab condemned 5 of the 7 prisoners in Manoj & Babli Murder to life
imprisonment Penalties under IPC (Indian Penal Code)

Actual Penalties under Indian Penal Code:

 Section 299-304: Penalizes any individual responsible for assassinations and
guilty killings not equal to assassination. Murder is life or death, and all right. The
penalty for guilty homicide that is non-murderer is up to 10 years' imprisonment
and fined.

 Section 307: Penalties risk killing for up to 10 years and a fine. The sentence
might last for a life in jail if someone becomes wounded.

154
  Section 308: Penalizes attempt to commit culpable homicide by imprisonment for
up to 3 years or with fine or with both. If injury is caused, up to 7 years or both of
the person shall be imprisoned or punished.

 Section 120 A and 120 B: Penalize whoever is a participant to a criminal

conspiracy.

 Section 107 - 116: Penalizes people for killing, including assassination, and guilty
killing.

 Section 34-35: Criminal offenses in furtherance of common intent by multiple

individuals.68
Role of provision in Indian Law
Fundamental and Constitutional rights
• Violation of constitutional rights in accordance with Article 14 of the Indian
Constitution (equality before law) and Article 19 of the Indian Constitution.

• The brutal killings held under the shield to save the reputation of the family are
contrary to Article 21 of the Constitution (Protection of life and personal liberty),
says the appeal.

• The honor killing violates Articles 14 (Equality before law), 15(1) (Restriction of
discriminations on the grounds of religion, race, caste, sex or place of child) and
15(3)(Creating a special proviso for children and women), 19 (Protection of
freedom of expression), 21 (Protection of life and personal liberties) and 39(f) of
the Indian constitution. Article 19 (Protection of freedom of speech)

• This problem seems to have finally come to light in the Indian legislation, and
many are speaking out against such cruelty.

• Finally, after the killings the UPA led the central administration, according to
Homeland Minister P Chidambaram, proposing to amend the Indian Penal Code
and

68
Harsh Mander, Showing the way: on Manipur's new anti-lynching law, The Hindu( January 16
2019, 23:55), https://www.thehindu.com/opinion/lead/manipur-shows-the-
way/article26007016.ece
155
 make Honor Killing 'a distinct offense,' although it still needs to be examined how
this will influence the present state as a punishable killing of honor.

4.7 THE INDIAN MAJORITY ACT, 1875

• Under Section 3 of the Act of 1875, everyone resident in India, unless indicated
otherwise in their rule, shall reach the age of majority at the age of 18 years.

• However, the age of a majority would be 21 and not 18 for one guardian assigned to
such a juvenile.

• The law is valid if the khap panchayats have forcibly divided married couples,
which may otherwise be married due to age, etc. It is obvious that the terms of this
Act are breached.

4.8 THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF

ATROCITIES ACT, 1989

To avoid cases of violence against Scheduled Castes and Scheduled Tribes, this Act was
passed by the Parliament of India.
• The goal was to promote Dalits social integration into Indian society’s mainstream.
• Offences under this Act-
1. Involve various actions such as forcing an SC / ST to eat or drink some uneatable or
undesirable material.
2. Removing clothing, showoff naked or with a painted face or body.
3. Attacking, dishonoring and offending an SC / ST woman’s modesty.
4. Sexual harassment of an SC / ST woman.
5. Forcing an SC / ST to leave his or her house or village as punishable.
The Act is synonymous with honour killings because of multiple honour killing cases.

4.9 THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005

156
The Protection of Women from Domestic Violence Act allows for a more thorough
implementation of and incidental rights for women who are victims of abuse of any
nature within the home, as well as of the rights of women provided in the Constitution.

4.10 INDIAN EVIDENCE ACT, 1872

The Indian Evidence Act of 1872 also provides for sanctions against persons implicated,
either before or at the time, or following the alleged act, in the dissimulation of evidence.
The facts pertinent where law or custom is involved were described under Article 13 of
the Act.

Where the question is about the nature of any tradition or right, the following facts are
important:
Any deal creating, modifying, accepting, affirming, rejecting or in consisting with the
nature of the rights or customs in question; Specific cases in which the right or custom
concerned has been established; The Act is vital in bringing those who suffer as a result
of the rulings of the khap panchayats to justice. 69

4.11 THE SPECIAL MARRIAGE ACT OF 1954

The main objective for enacting the Special Marriage Act of 1954 was to give Indians
and all Indians resident in other countries, regardless of the religion or religion practiced
by each group, a special form of marriage in order to carry out the designated wedding.
Banned marriages:
-In the third and fifth generation in the line of ascension through mother via father,
between sapinda-people.

-It also prohibits marriage between some forbidden degrees, such as between the sisters
and the brothers.

69
Suhrid Chattopadhyay, Bengal Assembly passes landmark anti-lynching Bill, Frontline, The
Hindu(August 31, 2019),https://frontline.thehindu.com/dispatches/article29308812.ece

157
-The law therefore sets out the prerequisites of valid marriage and prohibits marriage
between close relatives.

The essence of crime:

- The core of the crime makes it almost impossible for the suspect to identify, as a big
crowd is often sent out to be peeled by stones until the pair are slain. Therefore, it is
impossible to find any definite accused.

-The superiority and pressure on the police of the khap panchayat village prohibits them
from functioning and carrying out the inquiry correctly.

-Most complaints aren't even registered with the police and the panchayat and their
families are still silent.

Thirty-day Notice Period:

• The administration also sought to repeal, as families exploit that time to trace, destroy,
and forcefully separate a 30-day notice period currently given for by the Special Marriage
Act in intercommunity marriages.

NO law can help to change things unless people are motivated at grassroots level to
despise these murders and assassinations and to perceive it as heinous criminality. If the
water has no way of traveling, it can pass through the cracks.

-This applies also to people. Until we believe in the matter from our very hearts, we will
look at the lacunas and a path around them. 70

Gotra:

70
Indira Jaising, Why government should make new law on lynching, THE ECONOMIC TIMES
(July 22, 2018 12:47 PM),https://economictimes.indiatimes.com/news/politics-and-nation/why-
government-should-make-new-law- on-lynching-soon-before-its-too

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-The theoretical justification behind the "gotra" idea must be informed and it must not be
related to marriage of the 21st century.

–In the early years, the Gotra plan may be regarded important, because it was designed to
discourage marriage between persons of the same ancestry.

-But the gotra method is of tremendous importance in the present circumstances because
the lines have diversified even at the time of marriage.

The only probable danger to their lives would be a simple threat against marriage of a
family member and the police security for the pair. The punishment of such abominable
crimes will be an end to such "manly" acts against citizens. We do not live in the
medieval times; therefore it only lifts the human rights activists' eyes to advise a gradual
physical punishment. However, life imprisonment might be rewarded for such a heinous
conduct.

New laws
Amendment of existing legislation to ensure that those implicated in honor crimes are
strictly controlled. On honorary crime legislation the Haryana government altered its
position. In the first affidavit, the State fully accepted the Center for amending the Indian
Evidence Act, the IPC, etc., and then filed a counter-affidavit in support of serious action
against the accused to wipe out the reference to their previous pro-center position.
The Tribune is self-righteous. In conjunction with the pending written appeal for honour,
brought by the community-based group Shakti Vahini in June 2010 to the Supreme Court
by Haryana, the Tribune has a two set of affidavits.
The first affidavit was submitted with BS Sandhu, Additional Director, Haryana, Police,
Law and Order (dated November 30th, 2010). It identified efforts taken by the state to
protect fluid couples. The affidavit finally states that "In addition to these measures, in
order for the State Government to take strict legal action against accused parties in cases
involving the killing of runaway couples and preventing couples from harassing, it fully
agrees with the central government to amend the Indian Proof Act, the IPC, the CrPC and
the special marriage act."

The Center, which formed an Honor Killing alliance, had earlier urged to the ministers

159
that honor killings would constitute a new crime under the IPC to inform law
enforcement

160
authorities. Another concept was to change the Indian Evidence Act so that the accused
would be burdened with evidence, to ensure khap panchayats and family members
committed killings would be innocent. A provision for the murderer and the joint
accountability of the perpetrator was also developed. Another change was presented to
the Special Marriages Act to reduce the cooldown period before marriage is permitted.
This is a one-month span.

Arguments Favoring New Law

-The honor to kill a separate offense is going to help transparent law enforcement officials.

-One option is to change the Indian Evidence Act in order for the accused to bear the
burden of proof. The khap panchayat or members of the family will thus have a duty to
prove their innocence.

• Mutual liability will exist under present laws. The khap panchayat (or any entity
ordering honor killings) and the person perpetrating the killing would be jointly
responsible for punishment.

Altercation Against New Law

-The statutory penalty for killings shall apply if severely and effectively enforced.

- A new series of legislation will not prevent honour killings because social legitimacy is
a major obstacle in activities to curb the same Gotra marriage and inter-caste marriage.

-We need to build knowledge among traditional communities through education.

Members not accepting these killings can be adversely affected by collective keeping of
the khap panchayats. This can also be abusively utilized for evil purposes.

4.12 LANDMARK CASES AND JUDGEMENT

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Shakti Vahini v. Union of India, 2018

The declaration of preference is an integral component of freedom and dignity, said CJI
Dipak Misra.

Verdicts: The Writing Petition of Instant Writing was preferred by Article 32 of the
Constitution of India to request instructions from respondents and the State Governments
and the Central Government for the prevention of honor crimes, for the transmission of a
national action plan and a state action plan to curb crimes of this sort, and to guide the
State Governments to form cells in each case. Issuance of a mandamus letter to State
governments, in every case of honor killing, to start procedures, and to take effective
action to ensure the absence of honor killing. Section 5 of the Hindu Marriage Act of
1955 upheld Khaps's resistance to marriages between people of the same kind. He said
that The section said: "Sapinda should be 5 degrees from the father's side and 3 degrees
from the mother's side.

Petition Stated: Petition that the actions which are found to be linked with honour killing
are-

Loss of virginity outside marriage;

Premarital pregnancy;

Infidelity;

Unapproved relationships;

Refusing an arranged marriage,

Asking for divorce;

Demanding custody of children after divorce;

Leaving the family or marital home without permission,

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Causing scandal or gossip in the community;

Falling victim to rape.

Judgment

Article 21 The security of life and freedom, and the protection of basic human rights and
equality of status were abruptly demonstrated by the actions or groupings of these
Panchayats that commit the death of honour without the slightest anguish of conscience.

Affidavit Filed

The Minister of Home Affairs and the Ministry of Women and Child Declaration, honor
killing, as defined in section 300, are considered as murder and punishable by section 302
of the IPC on behalf of The Union of India, the Minister of Home Affairs and the
Ministry of Women and Child Development.
Despite the State Police's preventive actions, when notification is receited by the local
police that Khap Panchayat is a couple of inter-caste and inter-religious marriages and
has passed a certain diktat to action (or to any other marriage which does not comply with
their acceptance), the Judgment Police Officer will cause the F.I.R. to be registrars.

Measures were taken

-Criminal cases with honor killing or abuse are brought to the Court, for that reason
nominated by the fast-track court.

-To be preferable finished within 6 months from the time the crime is recognized, the
Court shall continue on a daily basis.

-Same to the pending cases.

-The District Judge concerned shall, as far as feasible, transfer these cases to a court of
competence to ensure their prompt disposal.

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-Another case in which the Court brought a lawsuit by the Khap Panchayat and the death
punishment for an honor murderer.

-For the first time, five persons were given a death sentence by Karnal court for killing a
young couple married to the dictates of a khap panchayat.

-It condemned a panchayat-khap to life, who pronounced the marriage unlawful and
attended the murder.

The Supreme Court sent on 22 June a communication to the Centre. Eight states outlined
the actions taken to prevent the assassination of honour.

Reforms suggested

Crimes prevention in the Name of 'The Honour and Tradition Bill, 2010, - The Supreme
Court recently ruled out that adult couple marital interference for parents or Khap
Panchayats was unconstitutional. The most recent ruling echoes the 2010 direction of the
Supreme Court to proceed against the assassination of honour by the national
government. Crime reduction in the name of the ‘Honour’ and Tradition Act, 2010 was
the Government’s response.

-Enacting a full, autonomous law - punishing offenders, plotters and instigators on equal
terms. There is insufficient current IPC legislation in relation to honor killings, as set out
in the 12th Five-Year Plan in the Planning Committee for Women's and Child Rights.
The Committee has proposed that all public praise or idolizes any harassment and
murders are punished on behalf of honor. Demand for independent legislation to deal
with such crime atrocities.

-Proposal to amend the Indian Penal Code and rein in the khap panchayats (caste- based
extra- constitutional bodies).

-In 1955 the Hindu Marriage Law was modified to refuse the same gotra marriage.

-The Rajasthan Prohibition of Interference with the Freedom of Matrimonial Alliances in

the Name of Honour and Tradition Bill, 2019 was passed by a voice vote. The House

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introduced the bill last week by Parliamentary Affairs Minister Shanti Dhariwal.
Dhariwal claimed IPC and CrPc were not enough to deal with these scenarios in response
to the bill discussion and so the bill was transferred. "To transcend the restricted attitude,
it was implemented. "He added that throughout the past five years there have been 71
incidents of unlawful dictatorship issued by Khap Panchayats, in which four men and
eigh women were murdered, and 10 cases of honor killings have taken place.

Penalty and punishment

Death Sentenced to death and punishment range to Rs 5 lakh for accused of murder of
honour. For grossly hured sentences, it is punishable by a life sentence of 10 years for a
fine of Rs 3lakh and in a number of cases, by a fine of 3-5 years up to 2 lakhs in injury
and pain.

Rajasthan: Anti Mob Lynching and Honour Killing Bills Passed

In order to deal with the increasing occurrences of mob lynching and honor killings, the
Rajasthan assembly approved two different bills against mob lynch.
These laws propose that crimes should not be levied and that strong punishment and
punishment, including death penalties or life imprisonment, should be imposed for
honorable assassinations.

The Rajasthan Protection from Lynching Bill, 2019

Has mob lynching punishable by life imprisonment, a non-recognizable offense and

a fine to Rs 5 lakh. 71

Definition of Mob and Lynching in the bill:

Mob: Bill defines the mob as a group of two or more individuals.

71
The Rajasthan Protection from Lynching Bill, 2019.

165
Lynching: an act or a series of acts of violence by a multitude on the grounds of religion,
race, caste, sex, birthplace, language, sexual or cultural orientation, or ethnicity, to
support or fuel or try violence, whether it be spontaneous or planned.

Prison and fines: The bill provide for sentences of prison up to ten years and fines of €15.
000 to €3 lakh, for an assault by a mob that leads to serious hurts for the victim, and for
those victims who suffer a simple injury the sentence shall be for up to seven years, the
fines shall be for €1 lakh
Lynching conspiracy: The bill attempts to penalize offenders in the same way as if they
have actually committed a conspiracy of lynching or assist, incitement or trying such an
offense.
Lynching prevention: Bill enables the Chief of Staff Police to designate a State
Coordinator for Inspector General Police rank, in order to prevent the lynching of Other
Lynching Offenses: Bill also lists various other crimes relating to lynching, including the
spread of offensive materials, the propagation and obstructing lawsuits.

Victim Compensation and Rehabilitation: Bill further provides that the government of
Rajasthan shall provide victims with the compensation provided for by the
Scheme.

It also obliges the state government to take the required efforts to rehabilitate people who
suffer from mob lynching and displacement from their homeland.
Need

86 percent of the cases of mobile lynching reported in Rajasthan were 86% of the total
number of instances in India after 2014.

The Anti Honour Killing Bill, 2019

Death Penalty: As provided for in the bill any person that has caused or has dishonored
the matrimony of the couple shall be punished with death or life imprisonment by the
caste or by their community or family. Death Penalty:
The punishment will range from 10 years of rigorous impression to life imprisonment and
a fine of maximum ~3 lakh whereas the punishment for the simple injury would be three-

166
or five-years’ prison with a fine which could be up to >2 lakh. The punishment is based
on the punishment of one or two of them who are seriously injured.

Any request or information from any person or person seeking safeguard against any
unlawful assembly or from any other person who may or may have objected to any legal
marriage may be made to the Divisional Magistrate or the District Magistrate.

Unlawful Assembly: Bill says that, in order to deliberate or to denounce any marriage
which was not prohibited by law, no individual or group should assemble, at any time, on
the basis that marriage was dishonored or brought to no account the caste or communal
tradition, or any of the people who belonged to or belonged to the assembly or family or
to the people of the place concerned.
Need 71 illegal diktat cases by Khap Panchayats (caste councils operating like kangaroo
courts) were registered during the past five years in Rajasthan and 10 honor killing cases
were carried out, murdering four men and8 women. 72

Honour killing cases have increased in the past few years and have become a hurdle in
societal development.

72
The West Bengal (Prevention of Lynching) Act, 2019

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 CHAPTER – 5
JUDICIAL APPROACH

5.1 LEGISLATIVE & JUDICIAL STEPS TO CURB HATE SPEECH & MOB
LYNCHING
Mob lynching is not an ordinary crime. In addition, the Indian High Court noted that
"citizens cannot take law into their own hands and become law" and that the "horrendous
acts of mobilization" could not be the new norm. Therefore, a new law to address the
threat of mob-lynching is urgently required. The Special Law on Mob lynching cases
against planned castes and planned tribes – the SC/ST Act 1989 – has proven to be an
important dissuasion, but emergency legislation should be passed for other parties as
early as possible. On 23 July 2018, following an order of the Supreme Court to
minimize mob lynching violence the Union Government announced its first concrete
instance of concern for mob lynching instances. The Committee of the European Union's
Home Secretary was a high-level Committee to debate the matter in four weeks' time and
provide suggestions. The Government also established a group of ministers, chaired by
the minister of Home Affairs of the Union, to review the high-level Committee's
recommendations. Members of the Group of Ministers included Ministers, Foreign
Affairs, Ministers of Road Transport and Highways, Shipping, Water Resources, River
Development and Ganga Rejuvenation, Ministers of Justice, and Ministers of Social
Justice and Empowerment. In addition, social groups, media companies and student
groups are also working in the wake of the tragedies to bring together their efforts to raise
awareness of the proper use of internet networking. We have a lot, however, of
legislation on this particular matter, if we talk about the regulations that can curb these
violent behaviors. The Indian Penal Code (IPC) does not mention the word "lynching".
However, Section 223(a) of the Code of Criminal Procedure (CrPc) 1973 provides for a
joint trial of persons or a mob who are participating in the same offense. This measure
perhaps did not help to bring justice in lynching situations. In addition to this Article
19 & 21 of the Indian Constitution itself, there are also provisions on freedom of
expression which causes violence. Paragraphs 124A, 153A, 153B, 295a of the Indian
Penal Code, Paragraphs 8, 123 & 125 of the People's Law Representation Act (1951),
section 3 of the Religious Institutions Law, 1988, section 5 and 6 of the Act of Cable
Television Network Regulation 1995, Section 4, 5B & 7 of the Law on Protected Civils,
section 95, 107, 144 & 155 of the Code of Criminal Procedure, 1973.

168
Multiple laws on one subject, one that is too ambiguous, have rendered the situation
unmanageable. In addition, the Supreme Court of India called "horrid acts of lynching"
and instructed the Center and the state governments to take "preventive measures,
remedial measures and punitive measures" to curb it "with iron hands," and until such
time directed police officers to register a FIR in accordance with Section 153A of the IPC
and others of the Law on those who engage in such activities. In order to ensure the
accused's swift disposition, the Supreme Court proposed that the accused should be given
maximum penalties in fast-track courts and lynchings. In the direction of the Supreme
Court, as in the guidance given by the Maharashtra Court in Bombay, the Maharashtra
Government had guaranteed to the courts the formulation of a policy on incidents of
lynching by mobs. The Center and State Governments likewise have been directed by the
Supreme Court to adopt 'preemptive, rectification and penal action' to stop it with 'hard
hands.'

5.2 SUPREME COURT ON MOB LYNCHING

The Honble Chief Justices, Dipak Mishra and the three-judge group criticized in the
judgment of Tehseen S. Ponawalla v. Union of India & others the recent instances in
relation to Mob-Lynching and Mob-attacks on Dalits and the minority people. On 17 July
2018, he urged the Parliament for laws on the lynching of mobs and also for penalties that
could deter lynching cases. On this basis, he requested the Parliament to draft and adopt
legislation.
In addition, the bench argued that no one, either person or a part of a certain group, could
hand over the law of land and penalize others who are not obliged to. In addition, the
Chief Justice of India himself pointed out the necessity to provide guidelines for punitive,
corrective and preventive action.
These procedures are taken in line with the Written petition filed by the social activist in
compliance with Article 32 of the Indian Constitution. It called on cow protection groups,
which are engaged in excessive violence, to take immediate and required measures
against mass lynching. This petition also alleged that the social media uploaded by such
groups were to delete violent content.
The Government must avoid mobile violence and mobile vigilance by strong action and
such cases of law-making must be reported.
In the case itself, in order to follow the directives on mobs' violence, the central
government itself has moved the Supreme Court of India. Consequently, the Supreme

169
Court's full bench

170
has directed certain actions to deal with that particular problem in compliance with the
interim ruling. The measures are as follows; -73
• In the respective areas that are not below the rank of police superintendent a
senior police officer must be appointed by the state government. In each district
the Nodal officer must be selected. In order to prevent the mass violence of the
specific district, this officer will also be assisted by a police officer in the rank of
deputy police superintendent. The Supreme Court even urged the creation of a
special task force to draft reports of persons suspected of or engaged in falsifying
stories or speeches of hatred or of other provocative utterances.

• The police officer nominated for service in the district is required by Article 129
of the Criminal Procedure Code to disperse the mob, which is prone to commit the
offense of mass lynching by utilizing its powers.

• In addition, the state governments and central governments also have a duty to
take the relevant measures to punish any type of mob lynching or mass violence
against the Indian Penal Code and those committing it, such as life imprisons, by
broadcasting on media platforms, radio TV and official websites.

• Furthermore, in accordance with section 153A of the Indian Penal Code, the first
information report or any other relevant provisions of Indian Law that conveyed
those irresponsible and explosive messages and the violence that might have
instigated the use of lynching or mob violence on various Social Media Platforms
should also be registered by the police.

• The State Government must, following a judgement of any court in favor of the
victims, prepare a compensation plan, in accordance with Section 357A of the
Criminal Procedure Code, for victims of mob lynching or mob violence and also
make compensation available to the victims or their family members within one
month of the decision. The victim or her family must receive compensation.

73
MahtabAlam, “Why Do Mob Lynchings Still Continue Unabated?”, The Wire, sept. 7, 2019,
https://thewire.in/communalism/mob-cow-lynching-vigilante.

171
 • The cases related to mob lynching must undergo trial in fast-track courts of
respective Districts. This would ensure that victims are given quicker justice as
these courts conduct daily trials and complete the relevant procedures within 6
months of the primary knowledge. This also ensures that the pending cases are
complied with. The State Government and the Nodal officer shall have the duty to
decide if the prosecution is effective in the proceedings.

• In order to establish appropriate precedents in situations of mob and mob lynching

violence, in accordance with the relevant sections of the Indian Penal Code, which
operate as the dissuasive agent for the offense, the court shall condemn the guilty
person of maximum punishment for commissioning the crime.

• Furthermore, if there is a scenario in which the police or district government has

failed to comply with the above guidelines or directives on prevention of violence
and lynching, or to conduct an investigation, it should be regarded by the police
officer as an act of disobedience and negligence action should be taken against
him.

5.3 PUNISHMENTS FOR LYNCHING

There is no codified law or legal provision in our country dealing specifically with
lynching or mob attacks. However, the punishment for mob lynching is provided under
the ambit of the following laws currently under Indian Penal Code:
1. Section 302 of the Indian Penal Code – The sanctions for the murder are discussed
in this specific IPC section. It said that everyone who kills has to be punished with
life imprisonment or death penalty. The convicted person can in several situations
even be punished.

2. Section 304 of Indian Penal Code – Section 304 of the IPC refers to the punishment
of guilty murder not equivalent to murder. The penalty may be the following: -Life
Prison – The individual may be punished for a period of 10 years and a required
penalty for crimes against him may also be imposed or injured which can probably
cause a person's death.

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 3. Section 325 of the Indian Penal Code – This clause establishes penalties for
voluntarily causing a person serious injury. Under this section if a person is liable to
be sentenced to either imprisonment for up to seven years, or payments of the fine,
save where provocation occurs (as provided for by section 335) on a voluntary
basis, causing grave injury.

4. Section 34 of the Indian Penal Code– This section specifies the punishment of
activities performed in favor of common intent by multiple people. It stipulates that
when numerous persons do a criminal conduct in connection with a common
intention, each one of those people shall be held accountable for that crime as if it
had been done by himself.

5. Section 120 B of the Indian Penal Code – This section defines the punishment
regarding parties who are participating in a criminal conspiracy together. It states
that:
-Conspiracy when done for an offence which is punishable with life imprisonment
or death or with punishment for imprisonment for 2 years or more, the offender is to
be punished in the same manner as in case of abetment while committing the
offence.

-The perpetrator shall be subject to be penalized by up to 6 months of jail or perhaps fine,

in case of conspiracy for offenses not penally punishable by death, prison or
imprisonment for a lifetime or imprisonment for 2 or more years or both. 74

Manav Suraksha kanoon

The National Campaign against Mob Lynching prepared a bill in 2017. Manav Suraksha
Kanoon (MASUKA) is the name of the law to start legal conversions against a lynching
group of individuals. In an effort to adapt the the rules against Mob violence by altering
Article 21 of the Indian Constitution, Prakach Ambedkar who is a grandson of B.R.
Ambedkar and activist Tehseen Poonawlla wrote a law. The SHO (State House Officer)
concerned in the area is suspended according to this Act until he is exonerated by a
judicial time-bound probe of all of his charges. This particular bill will also aid the
afflicted people to be relieved and aid the victims' relatives to rehabilitate them.

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74
Web Desk, “Political blamegame over Palghar mob lynching of Hindu seers”, The Week, April
21, 2020,https://www.theweek.in/news/india/2020/04/21/political-blamegame-over-palghar-mob-
lynching-of-hindu-seers.html.

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5.4 IMPORTANT JUDGEMENTS
1. In the case of Nandini Sundar and others v. State of Chhattisgarh -The people
living to Dantewada District and also its nearby areas of Chhattisgarh had claimed
a number of human rights violations due to the continuing armed Maoist
insurgency. To curb this, the Chhattisgarh government-owned authorities hired
and armed a local tribal youth organization to combat the Maoists. In accordance
with the Indian Constitution, government is entitled to armament against the
"extreme maoists" in the Indian constitution. In this decision, the Supreme Court
noted the State's duty to strive, continuous and unceasingly, to create fellowship
between all people in order to safeguard, promote and nurture the dignity of each
citizen. Therefore, in order to ensure absolute harmony among the people, it is the
obligation of the state to prohibit crime.

2. In the case of Mohd. Haroon and others v. Union of India and another- In
reference to the riots that occur around Muzaffarnagar district, Uttar Pradesh, a
written plea was made before the Supreme Court. In the city, there existed a
community tension that forced people out of terror and fear to abandon their
homes. In this instance, the petitioners argued that the local authorities had
permitted the congregation to take place irresponsibly rather than enforcing
legislation and that it had also failed to supervise its activities. Moreover, the
victims of mob lynching were not discriminated against by the community or by
any faith. It was also held. The restoration and compensation relief for the
communities must be provided. The Supreme Court further held that it is the duty
of the State Administration to prevent communal violence happening in each
section of the State in an association with relevant Center and State intelligence
agencies. If a law enforcement officer is proven to be negligent in the State at all,
he shall be penalized in conformity with the law.

3. In the case of Archbishop Raphael Cheenath S.V.D v. the State of Orissa and
another,-A Writing petition was lodged before the Court with the objective of
emphasizing the fact that, when the Maoist murder of Swami Laxmananda
Saraswati, the state Orissa did not deploy the Police Force to maintain the
condition of the Kandhamal District and safeguard its people. In this case, the
Tribunal stated that the State Government should investigate and uncover the
underlying causes of community disturbances and further reinforce the police

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infrastructure in order to

176
 curb the municipal unrest. The court emphasized the peace-building measures in
the State.

4. In the judgment of Landmark Tehseen S Poonawala and others V. Union of India

on July 17, 2018, - Includes Chief Justice Deepak Mishra and Justice A.M.
Khanwilkar and D.Y. Three-judge panel. High Court Chandrachud proposed that
Parliament should create a special expulsion statute as 'Fear of law and rule of law
are the foundation for civilized society.' The High Court Chandrachud said Under
Section 32 of the Constitution, the current complaint is intended to act
immediately and necessary against violent groups. He also referenced to the
Krishnamurthy case as he discussed the significance of constitutional and legal
security for all the courts. The Supreme Court's 2015 Krishnamurthy case ruled
that the law "is the supreme rule in civil society, it they believe they deserve. “The
Court highlighted that" no person is permitted to take the law into their own hands
regarding his superficial spirit of judgment. Just as you are entitled to fight for
your legal rights, you are entitled to be deemed innocent until proven guilty after a
fair trial."

5. Nandini Sundar and others v. The State of Chhattisgarh- In Mohd Haroon, and
other jurisdictions v. Union of India, and another case are deemed to be the
responsibility of the Co-operative Governance Bureau and State Intelligence
Authorities and of the institution to ensure that the country's dignity is
safeguarded, nurtured and encouraged. Status. If any official of law enforcement
is determined to be negligent, the law should apply.”75

The Supreme Court remarked in this instance that "Mob violence is a breach of
constitutional and constitutional values of the law. The constitutional amendment, state
and statutory entities."

Whilst emphasising the value of diversity in diversity the Court observed that St.
Stephen's College v. Delhi University "The aim of our Constitution is to bring together
diversity and limit any inclination in recognizing variety to promote unity among Indians.
It must be stressed that India represents diversity in society, religion and culture.

75
Ankita Ramgopal , “ Mob lynching in India: where does the buck stop?”, Feb, 27, 2020,
https://lawyerscollective.org/the-invisible-lawyer/articles/mob-lynching-in-india-where-does-the-
177
buck-stop/.

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The current Court of Justice has pointed out that government action to defend citizen's
rights is urgently required. The Supreme Court found that while intolerance existed, "a
powerful contemorary democracy sets the fundamental ingredients of support for a place
of thinking and a route to maintain unity and togetherness." "More judgment," the High
Court said, should be taken from the budget, and guidance should be given on to the
Centre and provinces, such as "cow-watching or other bovine-raising awareness." The
Court encouraged the parliament also to adopt specific rules that would address the
mainstream parties' difficulties and indicated that the directives would regulate the
legislation until then.

5.5 CASE STUDIES ON MOB LYNCHING

In India, the implementation and exercise of anti-linking laws have been the result of
lynching instances. It is really regrettable that Mob savagery laws do not encompass the
entire sphere of mass meal and that the mob has no strict duty. Thus, in cases of mob
lynching justice has not been served to the victims. The following are the Case studies
related to mob lynching: -
1. Dadri Lynching Case was held in Bisra Village, Uttar Pradesh in 2015.
2. The person was lynched due to regional and communal differences. Mohammad
Akhlaq was the name of the individual. He was accused of killing a cow for
saving its meat. When they learned the Hindu rural community, both the father
and the son were hanged. The fact is that this is one of the first cases that were
religious and the person has been lynched on behalf of the cow.

3. Another instance happened in the Alwar District of Rajasthan in 2017. The

relevant point was the accusation of cattle smuggling and slaughter of livestock
by some of the Muslims. Khan has been brought for smuggling by Alwar Police
Department but allowed by the administration.

4. In 2017, a lynching case happened in Delhi. It was predicated on the prevalent

caste system that those from the lower or backward castes have to suffer. Some of
the students stopped by a rickshaw driver as they were urinating because of
alcohol on the public wall. The drunken students became angry and lynched the
rickshaw driver.

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 5. Palghar Mob Lynching case: It is pertinent to note that, on 16th April, 2020 a
driver and two Sadhus were lynched by an angry mob. All of the victims were
from Gadchinchale village in Maharashtra district, Palghar. This sad episode was
driven by a rumor spread through WhatsApp, which showed that in the village in
the midst of the coronavirus lockdown there were thieves. Later, upon the
investigation, it was known that the vigilant mob lynching happens because the
group had mistaken the three thieves and eventually, they killed them.
Furthermore, the police officers who tried to save these sadhus by such a vigilant
mob also faced major injuries. Furthermore, after the incident, there was a rumor
on WhatsApp in order to stoke religious tension. However, as per the complete
list of arrested people, none of the members of vigilant attackers was Muslims.
Pertinently, the state government of Maharashtra even clarified that both the
victims and the attackers belonged to the same religion. 76

Recent cases of mob lynching in India

1. Khairlanji lynching, 2006
Khairlanji lynching of 2006 is the first event reported in India. This lynching mercilessly
mangled, stripped, paraded by the dominant Kunbi caste in the hamlet all the other
members but one of the Dalit family, and for the past décade the lone survivor had to
battle for justice.

2. Dimapur lynching, 2015

On 5th March 2015, the Dimapur Central Jail was blocked by a mob of over 7000-8000
persons who dragged the victim out and killed him once he was removed. Victim was
said to have sexually abused a woman, and the story was that the defendant was a
Bangladeshi immigrant. The mob lynched the victim in order to take retribution.

3. Jharkhand (chatra) lynching, 2016

The lynching of Jharkhand in Chatra District of Jharkhand by purported cow vigilants

means the lynching of two Muslim livestock merchants. They had been slaughtered on
the

76
Chakshu Roy, “How Indian States Can Stop Rampaging Lynch Mobs”, PRS legislative
research, sept. 19, 2019, https://www.prsindia.org/media/articles-by-prs-team/how-indian-states-
180
can-stop- rampaging-lynch-mobs

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news that they smuggled livestock, but the genuine story was that they had eight oxen
and were about to sell them to Chatra. It was hung by a tree and lynched.

4. Alwar, Rajasthan lynching, 2017

A Dairy farmer, identified Pehlu Khan, 55 was attacked for alleged bovine smuggling by
a cow-protection vigilante mob. Later Khan died of his wounds. The police then gave a
clean-chit to all the Six suspects identified.

5. Jharkhand lynching, 2017

The accusation of being child-lifters lynched seven people. After the alert messages on
WhatsApp, violence arose that a gang of lifters in the region was operating. After some
work in connection with the Swach Bharat campaign, all seven people returned. Four
were Muslim and three were Hindus. They were Muslim.

6. Pratapgarh, Rajasthan lynching, 2017

On 17 June 2017, some municipal officials tried, when an activist named Zafar khan
interfered, to terrify ladies who publicly defecated. In reprisal the policemen struck and
knocked on him and beat him with sticks. He attempted not to photograph defecating
women. The injuries succeeded Zafar.

7. Mohammed Akhlaq’s lynching

Mohammed Akhlaq's high-profile headline in Dadri on 28 September, was lynched

against the eating and storage of beef by a fifty-year-old. It was announced that he was
eating beef from a local temple. Uttar Pradesh's administration directed the teachers to
investigate the situation on 30 September.

8. Junaid khan’s lynching

The Offer on a train was Junaid Khan pinned. After shopping for Eid, Junaid was back
from Delhi with his two brothers. You had a quarrel with some people over your sitting,

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but soon the actions turned to label them "mullahs" and "anti-nationals," somebody
pulled their beard. Suddenly a packet was called meat in Junaid's pocket and is now
referred to as Junaid and his brothers were in grave difficulty as other men drew out
knives and stabbed them. The injuries succeeded Junaid.

9. D.s.p. ayub pandith’s lynching

A crowd outside of Jama Masjid in Nowhatta, Srinagar was responsible for this lynching
occurrence. On the holy night of Jama Masjid for the Muslims during Ramzan, Shab-e-
Qadr DSP Ayub were lynched by a popular pro-Al-Qaeda and pro-Pakistani crowd on 22
June. ADSP, 57, was posted to watch the people who came to give prayers for the night,
led by the Mosque custodian, Cashmiri Separatist Umar Farooq. Around midnight, the
crowd began to speak for Pakistan and Zakir Musa, an Al-Qaeda operative. In civil
clothing, DSP Ayub began to tape people's slogan. When the mob saw this, his fists came
to him. DSP Ayub had his service revolver and was overcome by the mob 3 shots beneath
the waistline. The mob undressed him, sharp-armed him and struck him with stones. 77

Haryana Lynching 2017

Three Muslim brothers traveled from Tughlakabad to Ballabhgarh with an EMU train on
22 June 2017. Sometimes public transit in India is overcrowded, making traveling hard
for people and sometimes bumps against passengers. During the journey, the brothers
argued on railway seats. They were also accused of being Muslims, anti-nationals or
terrorists, and they were also accused of ingesting beef that they could bear right now,
arguing that a mob of Hindus had lynched them. Juniad died as Juniad lived after several
scales his brother Srinagar, Kashmir and Jammu 2017 Lynching the same day, 22 June,
a group of irate crowds outside Jamai Masjid in Nowhatta lynched Mohammad Ayub
Pandith, deputy police superintendent. Some accounts suggest that he fired fire on a
few persons who caught him pictorial, but some say he was under his responsibility while
he was attacked by a mob which he used as self-defense using his gun

Jalwe, Jharkhand Lynching 2017

77 77
Rakshitt Bajpai, “Mob Violence: The Way Forward”, 2019,
http://www.legalserviceindia.com/legal/article-1811-mob-violence-the-way-forward.html.

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On 29 June 2017, irate mob of villagers allegedly shot down Mithun Hansda who was
suspected of rape and assassinating an eight-year-old girl.

12. Thoubal, Manipur Lynching 2017

A furious mob in Thoubal district, Manipur (Md. Rakib Ali, aged 19 years, 20 years, Md.
Anish, on 29 June 2017. The Chief Minister Nongthombam Biren Singh put on his page a
video on Facebook the very next day.
There have been a substantial increase this year in the incidences of mob lynching in
India. Why did they adopt a law to punish the accused in their own hands? Is it due of the
failure of the Government to act against such criminals or do the relatives of those
criminals' victims wish to seek vengeance on their own?? Does the nation have no rule of
law today? The lynching action is not the correct technique to deal with a defendant,
because the defendant can be an innocent person. If this trend continues to lead innocent
lives, the behavior of the wicked is also threatened.

Dokmoka lynching victim’s nilutpol das and abhijit nath

1. All violence perpetrated is unfriendly, depraved, and unacceptable. Mob lynching is a

degrading act of savagery and Assam has witnessed a growing number of atrocious
violence by the masses, which is now becoming normal. The mob cannot identify with
the belief, caste, gender or race while committing mob violence, either the causes of one
lynching occurrence can not be compared with the other. However, the circumstances
that induce a crowd to perpetrate violence retain the same one feature, the lynched people
never live the same life as their family. The horrific lynching of Abhijit Nath and Nilotpal
Das was an occurrence that shocked Assam in 2018 (Abhi-Nil). The two-year anniversary
of Abhi-death Nil's is celebrated today. On this tragic day, the boys visited Dokmoka in
Karbi Anglong and were suspected as child abductors by stories about WhatsApp (Xopa
Dhora). The age-old myth and the local people's ignorance took their lives. They had
stones, they had been battered and they filmed tapes where they both asked for their lives.
But Abhi- Neel is waiting for justice two years later. Delays like these are disappointing
not just to victims' families, but to everyone throughout the country - the common human
being loses confidence in the judiciary, governance, and the law and order process. Gopal
Chandra Das, Nilutpal Das' father, presents his opinion about several things which

184
need to be

185
seriously examined in various parts of society. Das stated, "A fast-track trial should be
conducted, therefore we assumed justice would be served as soon as possible, too. But it
seems like it wasn't the case." This initially explained that there was a state-wide outrage
for immediate justice because there was ample proof. Social organizations, activists and
the Assam people also supported them. This was in favor of the victims as the trial
smoothly proceeded. But the whole processes began to become irregular after several
months and public recollection seemed to disappear as well. The case of lynching
Abhijeet Nath and Nilotpal Das appeared like an open-and-shut case when it went to trial.
The case was supposed to be in favor of the victims. Many were witnesses. However, the
trial is yet to be overcome. "When witnesses became hostile, one turning moment made
the case weak," Das added. Das says, "There are perhaps two witnesses eager to talk, but
there is not much to expect." 78
It was local people who claimed their life. They have been peeled
The witnesses first appeared before the court in Diphu, where they testified in favor of
the victims, but subsequently modified their statements before the court in Nagaon. In
addition, nothing proceeded in this instance as a result of the lockdown. A hearing will be
place on June 9 concerning the bail objection for the accused, but a hearing is doubtful.
The defendants have been pleading for bail three times so far. The father of Abhijit Nath,
Ajit Kumar Nath, said, "Just delayed is a refusal to see the justice, and it is what the sons
as well as other victims have been served. I hope the judiciary is fair to us. I hope. It was
a tough voyage. We appreciate everyone who has supported us thus far, but this quick
trial should take place in a court of speed, and the growth of the case has been backed by
witnesses who become hostile. We suspect that the witnesses were encouraged to modify
their declarations.”

Both fathers believe that public support is essential. In order for all these matters to be
quickly traced by a quick trial court the public should appeal and request, or even file a
PIL. This also believes that education and awareness efforts on superstitions and myths,
particularly in disadvantaged communities are appropriate. The question arises here
whether we are actually subject to the Rule of Law, or whether we are breaking the Rule
of Law, too, How may testimonies be made in court? The government and the police are
moral responsible for dealing forcefully with the issue of mob lynching.

78
Apoorvanand, “What is behind India's epidemic of 'mob lynching?” Al Jazeera, 6 Jul 2017,
available at https://www.aljazeera.com/indepth/opinion/2017/07/india-epidemic-mob-lynching-
170706113733914.html

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Unless the Government takes a decisive measure, such instances will be hard to stop.

2. Last month despite a nationwide lockdown due to

Assam has experienced two odd mob lynching instances, the spread of the deadly Corona
virus. Approximately 35 kilometers north west of Guwahati five people were killed by
the lynch on 29 May in Sanatan Deka, a local vegetable dealer from Monahkuchi, in the
nearby village of Kamrup Hajo, to strike their automobile on his bicycle. Four defendants
have been apprehended so far. Another terrible occurrence in the Jorhat Medical College
and the Hospital, which occurred on 23 May, was that of Debashis Goghi a 23-year-old
young girl in Nakachari Milgaon, near Mariani. When he came back after a picnic with a
buddy, his victim was beaten to death. The event happened following an accident on the
way to a picnic site in the Gabharu Parbat Tea Estate, witnesses at the crime scene
reported. The confrontation seemed to have escalated when two women plantation
workers were hit by both victims.

Mob Lynching: Role of Politics and Approach of Judiciary On The Horrendous Acts Of
Mobocracy

Introduction

When a gang kills an alleged transgressor to punish him without a judicial or legal
process, the term is called Lynching. Such murder is sometimes called extrajudicial
murder and is unethical.

The phrase ‘Lynch Law’ means a punishment without trial. This word derives from the
same sentence. Lynching. Each company has experienced extrajudicial sanctions by the
people or groups.
The U.S. House of Representatives enacted Dyer Bill in 1922 and guaranteed the
punishment of lynching crimes. This bill was introduced in 1918 because of several
events since the 18th century.

Mob Lynching and India

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India is a secular state. There have been countless lynching instances, due to internal
animosity between religions. In 2006, the community was shocked by the Kherlanji
massacre. In front of people, women of the family of victims paraded naked and were
mutilated and assassinated.

Cow slaughter is one of the major reasons why Mob Lynching has been happening in
India. Some significant attacks are Dadri Mob Lynching 2015, Jharkhand Mob Lynching
2016, Alwar Mob Lynching 2017, among others.

Law administration is given to proper law enforcement organizations and no one is

permitted to adopt laws with respect to the spirit of his own judgment.

Politics work continually to spark the crime of lynching when these crimes are moved in
a political and social propaganda to their political profit by political parties. They make
sure that communities differ and profit from it. This is therefore the unfortunately side of
the fact that it is being promoted by the parties that are committed to eradicating these
problems.

Approach of Judiciary on horrendous acts of Mobocracy

The Executive's role is to make sure that any such violence is paralyzed. In addition, Mob
Lynching should be considered in preventative and punitive methods.

Recently, self-proclaimed vigilantes have taken control of the society and have been
oppressed especially by minority members, since they are ongoing targets of such
popular violence. The State has a responsibility to prevent municipal violence in any
section of state, and if a responsible officer has been shown to be careless, he should be
responsible to the relevant authorities for his irresponsible attitude.

The Supreme Court's case of Tahseen Poonawalla v Union of India gave guidance on
handling mob lynching situations in India. The court ordered governmental officials to
appoint top police officers to avoid mob lynching instances in every area. State
governments had been requested to identify regions where mob lynching has occurred in
previous years. In this case, the Supreme Court requested that states prepare a Mob
lynching compensation program for victims. The Nodal officers have been tasked by the

188
Supreme Court to develop measures in DGP for addressing connected problems of mob
lynching.
The apex court also considered abuse of social media platforms in which people are
promoting or encouraging violence by the people of Mob Lynching, which is why it gave
guidance on curbing and stopping such irresponsible messages and asked the FIR to
register against such people in order to stop abusing social media platforms.

The effectiveness of all of the guidelines issued in this case, headed by the former CJI
bench of Dipak Mishra, Justice A M Khanwilkar and Justice D Y Chandrachud, was fully
based and considered to be an act of deliberate neglect if a policeman fails to perform any
duties, he is responsible for Mob Lynching is a society threat with negative consequences
on the pluralist social fabric of a genuinely democratic nation like India's democracy. The
law of the land ensures that every human being is dignified and does not enable anyone
else to remove it.

There is currently no special provision in the Indian Penal Code for punitive action.
However, the Supreme Court took note of the offenses as it stated in 2011 that the State is
responsible for preventing internal disturbances and taking action to protect public order.

A separate offense of lynching and suitable punishment of the same was recommended to
the Parliament. In the instance of Arumugs Servai, the Court ordered that the offender not
prosecuting the accused should take action. In 2016, the Supreme Court denounced the
failure to execute Odisha Police to protect Swami Laxmananda and others in the course
of the assassination.

In July 2019 the CJI Ranjan Gogoi and the Justice Deepak Gupta hear a plea submitted in
the Supreme Court for implementing the earlier order that sought to create the new
legislation against Mob-Lynching, and the SC bench headed CJI Ranjan Gogoi and
Justices Deepak Gupta.

The Legal Aspect of Mob Lynching

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Of the 60 attacks carried out between 2010 and 2018, 32 were based on rumors based on
media reporting analysis. However, nonetheless, by unique provisions, our substantial
and procedural laws do not recognize the crime of Mob Lynching.
In the majority of the cases, the sections of Section 302 (Murder punishment), Section
307 (Murder attempt), Section 323 (Sentency to cause harm), Section 325 (Sentencing to
do grievous harm), and the Indian Penal Code, are not fair as is the case. It is a fact of
note that the Mob LYNCHING is considered to be an odious crime in a community.
The Criminal Procedure Code permits for the same crime gang to be tried jointly. In the
Indian Penal Code, provisions are also provided for in the Mob Lynching instances,
where those factors are a very important component of the Hatred Speech and Hate
Crimes under Sections 153, 153B, 505, etc.
In 2018, Manipur became the first state to adopt a unique law against the issue of
Lynching, following directions from the Supreme Court to avoid such Mob Lynching
crimes. It follows the principles of the Supreme Court and establishes a Nodal Officer for
monitoring and improving the penalties for such offenses. It classifies lynching as any act
or number of acts of violence or help by a crowd on religion, race, caste, sex, place of
birth, language, unclean behaviors, sexual orientation, political affiliation, ethnicity or
any other connected reason, encouraging such activities, whether they spontaneous or
planned.

It also prescribes compensation and says it should attract Section 153A of Indian Penal
Code.

Western Bengal (Lynching Prevention) Bill 2019 allows for a life sentence of three years
for those who injure a person, a capital penalty or a severe death jail.

The Rajasthan protected mob from Lynching Bill 2019 punishable with life's
imprisonment and fines up to 5 lakhs for a cognizable, unleasable and uncompoundable
offense. It follows the Supreme Court standards and establishes fast track courts.

In September 2019, the government of Karnataka appointed Nodal Officer and Assistant
by circular and followed strictly the requirements of the disciplinary measures of the
Supreme Court. Thus, the States have met the guidelines in complying with the Supreme
Court orders. But it is not to be denied that Mob Lynching is not recognized in the Indian

190
Penal Code and Criminal Code and problems which lead to lack of punitive action.

191
5.6 MOB LYNCHING AND ROLE OF POLITICS

Now the question arises whether the judiciary has been made aware of the Mob Lynching
issues and has also laid down rules for and procedures to ensure that the orders are being
implemented, then why there is no undoubted progress. This is when politicians' impact
comes to light.

A 62-year-old Ghulam Mohammad was slain in Mob Lynching in 2017 and the deceased
was charged with killing the right-wing group of Yogi Adityanath, who is currently Uttar
Pradesh's Chief Minister. The police refused to have any evidence against the defendant.
Mohammad Akhlaq was lynched and reportedly supported by Yogi Adityanath on
suspicion of possession of beef in 2015, according to media sources. The son of a local
party worker was the Key accused in this case. In such a number of cases, there was no
evidence that could explain these odd crimes even after these coincidental inclinations of
Yogi Adityanath.

In 2017, Zafar Khan was killed in Rajasthan, according to media sources, but
astonishingly post-mortem findings say he was killed of a heart attack. Surprisingly No
evidence was found and case was closed. Haryana Lynching 2017 demonstrated that beef
is a socially normalizing question for lynching. Naturally, wrath is a devil with every
single struggle. However, if rage is fueled daily using diverse ways towards certain
people and beliefs, then lynching becomes the new normal.

Based on my research I argue that a Lynching is always political. It has always been
designed as a cooperative criminal business. The concept of community is destroyed by
Lynching, which makes violent acts unavoidable. Two of the three Odisha lynchings
have been researched and victims were determined to have been from Andhra Pradesh
and Tamil Nadu, but no insider, even when related to the victims, has been assaulted.
Surprisingly, the case could not be concluded with evidence. Poor people are victims,
women, transgender people, non-born people, foreigners, Muslims, Dalitans.
However, the government must recognize the problem and break the silence. In addition
to violence from evil people, the silence of decent people allows the world to suffer, yet
many are not yet willing to do something. Nearly all countries have produced their
compliance reports, but the proposal for solutions to Mob Lynching was not introduced.

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In July 2019,

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the government set up a High-Level Committee headed by Union Home Secretary Gauba
to consider the issue and give recommendations in order to create appropriate steps for
addressing the problem.

The committee announced that their report[xxx] will be submitted in four weeks
according to the guidelines of the Supreme Court on Mob Lynching, but it was not
upgraded for four months. On 21 November 2019, the Union Government said on 23 July
and 25 September 2018 that, in accordance with the Supreme Court's ruling, it published
advisory to the States and to Union Territories. The position of the Mob Lynching bill in
parliament was not constant.

Manipal and Rajasthan established a Lynching Law, but other countries have just
submitted reports of compliance. The trist truth is that the political agendas under Mob
Lynching have always been veiled and the political parties will not take significant action
to eradicate the problem unless the Supreme Court obliges them to come up with
answers. It was more than 1 year of the judgment but the Central Government has not
progressed and only the political agendas are the cause

SUPREME COURT'S OBSERVATION ON MOB LYNCHING:

The apex court on the Tehseen Poonawalla against the Union of India issued rules which
keep the disturbing rise in the event of a lynching / swarming wildness in view of
safeguarding protected privileges of the powerless and rejecting lynching / horde
wickedness demonstrations and restore their victims and their families.

A. PREVENTIVE MEASURES

1. Each state should select a senior police officer in every district, not a superintendent of
the police. The nodal officer guarantees the prevention of lynching and barbarism
occurrences. The officer responsible for the policing headquarters of the respective
territories would assist the nodal officer to perform his capacities.

2. Hostile material or other means used so that a specific individual or grouping of people
can be lynched or advanced.

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3. In recent years, for example, the state administration is responsible for identifying
districts, subdivisions or villages that have been subject to mass lynching. In order to
ensure extra care is taken to prevent lynchings or mobile violence occurrences, the
Secretary, the Home of the relevant countries shall provide directives/advisories to the
Nodal officer of the districts involved in locations identified

4. All cops tasked specifically for maintaining legality in an area will find a means to
maintain any display of lynching, including their incentives and bonus. As such, he tries
to recognize and refuse opportunities of disperse of the harsh material or any other means
that are used for the ultimate purpose of prompting or advancing lynching of a specific
person or of gathering people.

Every police, directly responsible for maintaining peace in an area, will have an
obligation to exert his power on swarm in order to disperse it. A cop may use the powers
conferred upon him under Section 129 of the Code in the exercise of his power.

B. REMEDIAL MEASURES

1. If a lynching/swarm brutality event happens irrespective of the action of the Express,

the headquarters of the competent police station will instantly hold an IRF in accordance
with the appropriate legal requirements. The FIR's participation will instantly be
implicated in the region of the Nodal Officer who thus ensures the overriding
examination of the FIR.

2. The Nodal Officer shall investigate cases in which the charge sheet is not recorded
within three months of the day of the initial entry. Another official beyond the rank of
Deputy Police Superintendent may order a new investigation by the Nodal Officer if he
feels it is essential to do so.

3. The regional organization will take immediate actions to secure lynching/mob savagery
casualties and its family members.

4. The government will compensate lynching victims within 30 long periods through the
workplace of the Chief Secretary. When a man's death occurs as a result of lynching, the

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payment is provided to the closest relative of the man's expiry.

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5. The State government shall pay adequate respect for significant injury, mental damage,
material damage and income loss including business and training misfortunes, costs
arising from legitimate and restorative assistance.

6. Where it is shown that a cop or a local organizing official has purposefully not
followed or failed to exercise the legitimacy to predict or investigate lynching/horde
savagery, such action shall be regarded as willful carelessness/unlucky conduct.
Disciplinary activities must be undertaken against the same under the extant
administrative norms. An inquiry must be closed within a half year in respect of the same.

C. MEASURES FOR AN EFFECTIVE TRIAL

1. The extraordinary allocated fast track courts shall endeavor to prevent incidents of
lynching/swarming malaise in each location. This Tribunal will hold on to a daily
premise the preliminary offence. Ideally, after half a year of becoming aware of the
crime, the preliminary will be concluded.

2. A designated court can take such measures as it deems fit to maintain the personality
and address of a witness mystery upon a request made by an observer in all prior
proceedings or the Public Prosecutor with regard to a such see or all the movement alone.

3. A victim has the privilege of receiving sensitive, accurate and favorable notice from
any court. He or she will, at any time in respect of safeguard, release, release, parole,
conviction or sentence of a blamed person and any related proceedings or disputes, be
competent to hear the person, and to record composed entries on conviction,
abandonment or conviction.

4. If you choose to have a legally authorized guide and connect any backer who you are
browsed between the ones selected by a lawful guide board in accordance to the Act of
1987 on Legal Services and the Legal Aid Services Authority created pursuant to that
Act, you will be entitled to pay all costs, expenses and costs for an adherent who has been
designated as victim or witness pursuant to that Act.
5. The State Government shall be required and required to draw up game plans to ensure
that casualties are insured, and spectators are against all sorts of terrorization, compulsion

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or incitement or cruelty or hazards.

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5.7 MOB LYNCHING: LOOPHOLES IN THE LAW

The center and states have found no moral need to implement the rules of the apex court
a year after a hallmark order to avoid massive lynching

“There cannot be an investigation, trial and punishment of any nature on the streets. The
adjudication process is carried out within the sanctuary and not on the streets of the courts
of justice. No one has the authority to be a guardian of the law saying that he must by
whatever means protect the law."

The Supreme Court in Tehseen S. Poonawalla vs Union of India and others, July 17, 2018

The Supreme Court had to ask itself one year after its historic verdict to stop the mob
lynching if its observations in that judgment were designed only to be sanctimonious. On
26th July 2019, the bench consisting of Ranjan Gogoi, the Chief Justice of India, and
Deepak Gupta requested answers from the center, while ten states requested the slew of
directives that the Court gave on that order not to be executed. The Center, Uttar Pradesh,
Jammu and Kashmir, Jharkhand, and Andhra Pradesh, Gujarat, Rajasthan, Bihar, Assam,
Madhya Pradesh and Delhi were the respondents of this petition submitted by the Anti-
Corruption Council for India Trust.
The 2018 Supreme Court bench consisting of the then Chief Justice, Dipak Misra, Justice
AM Khanwilkar and Justice DY Chandrachud, expressed their horror about the escalating
events of lynching throughout the country. A number of directions were issued as
precautious measures. Some important guidelines are:

I designation by government to serve as head of the Special Task Force for reporting
intelligence to those who commit such crimes or who participate in the spread of hate
speeches, provocative statements and false news, by a senior policeman not below the
rank of police superintendent, as nodal agent (NO) in each district.

Identify districts/subdivisions and/or villages that have been recorded in the past as cases
of lynching and mob violence.

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(iii) The NO shall, through regular meetings and by other ways to incite such inclinations,
detect trends in the area of surveillance, mass violence or lynching and take measures to
ban the provision of various social media platforms of objectionable materials. The NO
shall make measures to end any community or caste that is affected by any such
incidences in a hostile environment.

(iv) All policemen have the duty to disperse the mob if they tend to cause violence or if
they unleash the lynching devastation under the pretext of alertness.

(v) Central and state governments, including official home office websites and state
police, should disseminate on radio and television and on other media platforms, which
would need lynching and mob violence of any nature to have severe effect under the law.

(vi) Central and national governments are obliged to take measures to prevent, limit and
stop the spread, using different social media platforms, of irresponsible or explosive
words, videos and other information that tend to encourage popular violence and any kind
of lynching.

The Court has directed the police station, as an adjustment, to lodge a FIR immediately,
without undue delay, pursuant to the IPC and/or other legal requirements, if a lynching
event or mob violence has been reported. In these circumstances, the NO must ensure that
the family members of the victims do not suffer further harassment. The NO is also
obliged to ensure that the investigation is adequately carried out and to file an indictment
file within the statutory term from the day the FIR is registered or the defendant is
arrested.

More significantly, State administrations have been instructed, within one month from 17
July 2018, to establish a lynching/mob violence compensation plan for victims. Within
one month of the tragedy, the Court decided the scheme should provide provisions for the
interim aid to the victim(s) or the next of the deceased's parents.

The Supreme Court indicates that lynching and mob-violence in each district shall be
tried on a daily basis by specialized courts/fast track courts and the trial is complete
within six months after the date of recognition. The Court made this direction applicable
to even pending cases.

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In a fairly rare sense, the High Court even found, on conviction of the accused of the
mob's violence and lynchings, that trial tribunals should generally award maximum
sentence for numerous IPC offenses.
The Supreme Court of Justice had concluded, among punitive measures, that, under this
ruling, a police officer who disregards his duty has, apart from "proper acts," to face
departmental action in six months.
The Court also suggested that Parliament should establish and sanction a separate offense
for lynching. The Court recognized that a particular statute would develop a sense of fear
of law among persons who engage in this type of activity.

The Centre, which starts legislation at Parliament, recognized no moral need to accept the
recommendation of the Court, notwithstanding the Court's preference for a unique statute.
In order to assess the character of the law to be adopted, the center just formed an
empowered ministers' group (Group of ministers).

This group is currently led by Minister of the Interior Amit Shah and it remains
ambiguous what it wants to do in order to introduce the new legislation or to enhance the
current legislation. This disregard has therefore impacted on the other authorities that are
also obliged to carry out the judgment.

Of the states, the instructions of the Supreme Court are only being applied by Manipur
and Rajasthan. In a Suo motu report, the Uttar Pradesh State Law Committee recognized
that in the last seven years there have been more than 50 incidences of mob lynching. A
bill to combat mob lynching has also been put up by the UP-Law Committee. The Act
provides that a maximum life punishment for the offence shall not exceed seven years'
imprisonment.

In order to avoid lynching situations within its authority, the Bill has provided for the
incarceration of any police or district judge for 1 year and for the broadcasting of offenses
in social media for up to 3 years.
In Rajasthan, the Rajasthan Protection against Lynching bill has been submitted by the
Congressional government to allow for designated courts for the speedy processing of
lynching cases. The Bill sets out a broad definition of lynching, which includes as
probable reasons for attack "dietary practices" and "sexual orientation."

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According to activists, the lack of a clear definition of lynching in the decision of the
Supreme Court resulted in the treatment of many police officers as regular crimes, which
does not deserve the application of directives established by the Court.

Rajasthan Bill defines "lynching by a mob on grounds of religion, race, caste, sex, place
of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity, as
"a act or series of acts of violence or aid, encouraging or trying to commit violence,
whether spontaneous or planned."

The Bill shall offer compensation to the victims or their legal heirs for their transfer from
their residence apart from their right to accommodation and rehabilitation. While the bill
is timely, there are issues as to whether it would assist change the thinking of officials
who tend to regard cases of lynching as another way to evade obeying the directions of
the Supreme Court.

The government was criticized after two sons of Pehlu Khan, who had been lynched for
alleged cow trafficking two years earlier, were charged with a charge sheet.
In the absence of the centers and governmental authorities in following the direction to
broadcast on radio and TV, and on other media platforms, violence of any type of
lynching and massacre should lead to serious consequences according to law, the lack of
compliance with the guidelines of the Supreme Court is to be seen.

The same bench, which handed up the verdict on 17 July last year, ordered the
Directorate within one week on 24 September last year. This Directive has not been
complied with, despite assurances from the Procurator General, KK Venugopal, and
Solicitor General Tushar Mehta. Maybe the center and the States assume that
broadcasting against lynching means that the governments can accept that such events are
on the increase. Operational authorities against lynching and public opinion on mass
violence of all forms could have contributed to complying with just this orientation.

An underlying weakness has been the Supreme Court's decision against Mob Lynching,
since it rejects the petitioners' call to declare unconstitutional the portions of cow
protection legislation in the various States enabling vigilant groups to use force to avoid
cow smuggling. The Court was foolish in believing that it would be sufficient to respond
to the pleas of the petitioner alone.

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Mob Lynchings: SC Issues Notice Over Implementation of Its Previous Directions

The Minister for Home Affairs and State governments received an opinion on a petition
submitted by the Anticorruption Council of India Trust from a bench comprising Chief
Justice Ranjan Goghi and Justice Deepak Gupta. In response, Uttar Pradesh, Jammu, and
Kashmir, Jharkhand, Andhra Pradash, Gujarat, Rajasthan, Bihar, Assam, Madhya
Pradesh and Delhi have had 10 countries requested to react.
Senior Advocate for the Organization Anukul Chandra Pradhan stated that though
lynching occurrences are on the increase, the government has taken no action to enforce
the Apex Court's instructions to tackle this threat.

The Trust has stated that the Government has not executed a variety of instructions
granted on 17 July 2018 by the Apex Court for the provision of "principal, remedial and
punitive measures" to address crimes such as mob violence.

The guidance has been given after activist Tehseen Poonawala filed a PIL which had
notified the highest court of the increasing cases of pop lynching and cow surveillance.

The court at Apex had demanded a new law to tackle mass lynching and cow
surveillance, warning that such incidents could rise across the country like a "typhoon-
like monster."

It was the obligation of the States to pursue and foster brotherhood among all citizens that
was motivated by bigotry and misinformation through the spreading of false news and
false stories by such mob violence. The Top Court had said.

The court in Apex said a special law was needed since the people who engage in mass
lynching were afraid of the law. It maintained that it was the role of government states,
alongside ensuring the rule of law prevailed, to ensure law and order in society.

In September 2018, all the states and the Center were invited by the Supreme Court to
comply. It had noted that “mobocracy” cannot be allowed in a democracy.

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Since then, only the Manipur government has enacted a special

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measure to tackle mob lynching, while the Madhya Pradesh cabinet has authorized a
legislation against cow vigilantism, but the law hasn’t been ratified. The Rajasthan
administration has also declared it intends to enact a special law on the lynching of mobs
and caste-based honour.

The UP-State Legal Board notably took suo motu awareness of increased mass lynchings
and provided a recommendation on how to approach this matter to Chief Minister Yogi
Adityanath. The report also included a proposal for a law to combat mob lynching. The
commission’s chairman noted that a special law would be necessary to prevent India from
becoming a “Republic of Lyncher Dom”.

Celebrities, artists and prominent personalities speak out against lynching

Last week, Prime Minister Narendra Modi was asked to put a stop to all acts of mass
violence by a group of fourty-nine Eminent citizens, including directors Mani Ratnam,
Shyam Benegal and Anurag Kashyap and the historian Ram Guha. They said the chant
‘Jai Shri Ram’ has turned into a provocative cry of war.

Following this, who chastised signatories of the first letter for 'selective abuse,' issued a
counter statement on Friday. In this second letter cinema figures such Vivek Agnihotri,
Joshi Prasoon, Ranaut Kangana and Bhandarkar Madhur were signed, among others.
They claimed that when tribal persons were victims of naxalism those who had expressed
concern about lynching did not speak up.

5.8 GUIDELINES TO CURB LYNCHING VIOLENCE

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The case of Poonawalla the Court suggested that 'for a number of abuse and mass-
violence instances which are not particularly named since we are issuing specific orders,
including forums, corrective action and sanctions.'

Ways to Protect Yourself

The Court stated that in each district a Nodal Senior Policeman should be in charge of
preventing mob violence and homicidal killings, not a Police Superintendent. A separate
team should be created to receive information about hate speeches and falsified stories
from occurrences, victims and perpetrators. Areas where mass violence has just occurred
should be well taken care of.

There should be regular meetings between Nodal officers, intelligence units and police
officers to see whether there is a trend for resilience and violence in the region, and how
such instances are prevented. The Nodal Officer will also work to remove the dangerous
atmosphere in a bakery or neighborhood targeted at such instances. The Police Director
General, the Minister of Home Affairs concerned should be alerted of campaign methods
to meet an officer led by the officers and to meet them.

The Court held that "in virtue of their powers under Sections 129 of the CrPC, it is in his
opinion, every officer in the police office's obligation to cause a mob to disperse by
inciting violence or instilling violence in secrecy or otherwise." There must be a haste to
prevent and remain within the limits of the law and hence fear thinking and the adoption
of the legislation. Anti-social elements engaging in such activities are discouraged.

Radio and TV, especially the official Websites of the Department of Home Affairs,
should be provided with the harmful repercussions of the incident. The IPC Section 153A
and/or other necessary anti-infraction and video conferencing processes would be
facilitated by the police to register the FIR.

Corrective Steps

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Although action is made to prevent the incident of violence and mob violence, the court
has ordered the immediate implementation of the MOT and the security of family
members of the victim. A Nodal officer should conduct an inquiry into the complaints of
crowding. The State Government shall create a compensation plan for victims of
violence, which contains a provision under Article 357A of the 1973 Code of Criminal
Procedure. An example of the creation of fear of the law should be offered to the
plaintiffs by a judicial court for cases of violence and mob violence and death penalty.

The main role of the court and the police is to protect criminal witnesses. Victims and the
family should be provided with daily reports on the case. Victims must be granted legal
help by naming lawyers by the Legal Services Authorities Act of 1987.

Disciplinary Measures

The Court revealed that if "a Police Officer or a District Officer did not comply with the
directives issued, it is considered deliberate negligence where action is done and is not
restricted to the use of the department by operational regulations."

The Law - The Need of The Hour: What We Have

As India affirmed the expulsion of masses, there are now no alternatives, which are also
explored.
'New normal'. Although it's lynching, it's only murder, yet it's never addressed in land
law. It is a crime, but was still not filed pursuant to the Indian metal code. However, the
following sections are subject to specific Code the provisions:

1. Section 302 provides for the penalty of murder.

2. Section 304 on the other hand imposes a penalty for unintentional

manslaughter to kill.

3. Section 307 imposes a penalty for attempted murder.

4. Section 323 states voluntary injury arrangements.

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5. Section 325 imposes voluntary punishment for causing severe pain. It's worth it to say
here that the above rules for the proper use of the masses, shall read other IPC
preparations as outlined below:

6. Section 34 describes the general purpose.

A whole crowd can be arrested for killing. It doesn't work

Not just the physically practicing ones, but also the persons that belonged to a throng of
common purposes. Such a group of persons participating in arranging and seeking a
crowd by diffusing the word in the WhatsApp will also be required to use section 120B.

Further, Section 223(a) of the Code of Criminal Procedure stipulates that 'a person
charged with the same crime may be brought to trial simultaneously with the same
transaction. But it is still hard, how persons are to be tried and returned is not apparent.

Why not suffice It is pretty apparent at this time that in no provision of PC is any mention
given of licking lumps. It became a gateway for individuals who defied the law to realize
that they were a crime in the crowd and were not harshly pursued. It has grown in recent
years. It is a felony. Because of the absence of a tougher legislation, it has become hard to
get justice. Nevertheless, it is important to note that mobocracy is unimaginable to be
adored. The power of the judicial body cannot be taken over by a group of people, in the
name of justice. Mob links are a crime technique to deal with crimes which have already
been committed. Such measures cannot be promoted. We are constrained to provide
compensation, rehabilitation programs and immediate justice in the absence of
exceptional provisions. No arguments can be made against police incompetence. The
dismissal of the masses as a case against the government is therefore acceptable and has
to be installed in the IPC. It is important.

Requirement of A New Law

In its recent decision, the Apex Court stated that "the intolerance of violent acts of
terrorists that are new not to be fought and the central government should use restraints
and remedial measures for seizing control of the country." The following steps are
recommended in order to seek crowdfunding:

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New Article IPC Settlement –this is one key way of taking a number of steps and
monitoring necessary to prevent this major social ill. IPC must install a description which
details the case fully.

The addition of new provisions or clauses to existing laws, often faces a lot of criticism.
In order to give an example, on the other hand, section 302 concerns death penalty that is
retrieved from the IPC. Section 304B is about dying, on the other hand. It is fair to argue
that killing someone for a minor or other transfer is a shock. It means killing someone
can be suicide. For the same reason, paragraph 306. Now, if Section 302 and 306 were
not enough to control this evil to practice, no special Section 304B installations could be
made. Similarly, the establishment of a distinct provision to describe death from civil
infractions by the crowd should help us better comprehend this scenario and make people
who are not scared of taking the law into their own hands aware of it.

Special law making

The foundation of democracy is social harmony. Increasing mass breakout instances have
caused social turmoil. Action may be taken in addition to being covered by the ipc for
this crime. Therefore, enacting a specific law is helpful in that

• To maintain this social order,

• Controlling the crime,

• Providing immediate justice to victims and ensuring prompt follow-up

• Filling gaps due to insufficient hate laws.

• Addressing the proper functioning and role of the police,

• Procedure for such cases

• Punishment for offenders

The Sati prohibition action, for example, was launched as an unique step towards ending
its practice.

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But the Penal Code's substitution and implementation of the Law does not include any sati
- Another action that may be taken both to include a distinct clause from the Indian Penal
Code and to carry out a particular act to fully implement this offense. The IPC will also
deny the claim as a hate liability for the administration of punishment by adding mass
funding. The act will aid with other concerns, such as the deployment of police and
judicial officers, reintegration, compensation, the process of trial and much more.

Role of mass media

There are many episodes of lynching that are no longer sufficiently covered by the media,
because lynching is no longer considered as a huge subject and something to ponder.
Even in the context of a democratic system, situations related to mob lynching are only
covered if the media consider they must be transmitted to win sights. An unlogical and
unethical assembly of individuals gathering to kill somebody. A genuine threat is in a
different country, like India, with various groups holding various complaints and
grievances of a different set of people throughout thousands of years.

Lynching's reports have been headlines for decades where in recent years most of the
cases have been caused by violent Hindi people who found it morally justifiable to kill
someone by alleging that they were killings of cow or selling and consuming beef, as
well as forcing someone to sing, "Jai Shri Ram." Even, Hindus are killed, which was
evident in the Palghar incident which happened recently. Mob lynching is a crime that
must go beyond a specific indicator. Other types of hate crime were reported, including
the iconic assault at Mangalore Pub and also in Guwahati in 2012 when a mob publicly
groped a female after having an altercation outside a pub.

Media plays a vital role in shaping someone’s perspective. The news on the networks
fascinated the people of India. You feel what you see, hear and the technological era has
worsened the matter. Media homes with a goal to gaining sight are corporate these days.
Mass media can be utilized in radio diffusion of news about false reports and assertions
in society as a whole.

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3. Need for separate of law on lynching

The crime is a public crime, and it is important to teach the whole community by placing
distinct laws under paradigm in order to make society under control and the welfare state.
Our communities are based on religion and caste. Article 14 and Article 15 are
unquestionably infringed. The Constitution needs legislation to maintain the concepts
enriched in Article 14, 15 and 21. The constitution needs legislation.
After the introduction of law, lynching is shown to be a constitutional crime. The center
is responsible for drafting explicit legislation against mob lynching, and States must
adhere to it in accordance with their situations, because each region has its own
requirements, and is different. The legislation once drafted should be a public message,
responsible, that lynching is a crime. If laws were not made, there would be a crime at
both the hands.

Once someone is lynched and those who do not control him/her Once (state). Laws can
prevent mob-lynching from normalizing. Before the situation becomes a reality, the
central government should learn from emerging tendencies. Prior to the draft, the reasons
of crime are also to be understood. It would scarcely do anything to be documented
without being taken into consideration thereafter. New legislation can help ensure that
instances like these are dealt with quickly and are supervised by high courts and high
courts. 4. Investigation and identification

As per Dainik Bhaskar (29thjuly 2018) investigations in 12 states, only two persons have
been convicted in crimes relating to mob lynching.
The Union Home Minister revealed in March 2018 that, in 40 incidences of mob lynching
in nine countries between 2014 and 3 March 2018, 45 people were slain. The ministry,
however, explained its position
Data did not provide information regarding why such events occurred, be they related to
cow vigilance, sectarian or caste enmity, or child-lifting rumors, etc. Likewise, the
ministry which oversees after internal security hasn't revealed the location of the attack,
the identity of the perpetrator and the victim.

It is necessary to enhance the procedure of identifying the culprits since, clearly, the
criminals are not identified and they can escape their misdeeds. It should not only be
made with utmost care and responsibility for the identification of perpetrators, but

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also the

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identification of evidence in the criminal field. A separate team should be established and
established for identifying purposes
The aim is to create an extraordinary force to detect persons who are consistently
involved in lynching episodes. You should collect and cooperate immediately with the
investigation department to prevent these incidents.

To study and understand the facts that would contribute to further pursuit the matter, a
team must be formed. It also offers the chance to identify any political conspiracy. A
special investigating team needs to be established which solely examines the cases of
mob lynching and has no other problems. It should be ensured that these departments are
free from any political pressure.

There is no ignorance of procedures, and nobody plays the complicit role of killing and
cover-up of crimes, while introducing new law, ensures that inquiries are not stopped

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 CHAPTER 6
CONCLUSION
Most without a second thought willing to kill someone, due to their lack of knowledge
and consciousness, demonstrate intolerable Indian intolerance. The most victimized
people were men, women and children, the poor, the poor and the minority in times of
mass stress. This indicates clearly that they are crimes against a formerly inappropriate
community. A separate legislation on mob violence is needed in India today. All
legislative instruments spoke of the promotion of sections openly excluded and excluded
from the community, from human rights and fundamental rights to moral rights. Most
cases are created for them, however. It is a fallacy that the Indians' intolerance is in so
much as they regard each other above the law and create disagreeable conditions that
conflict with law and order. Such circumstances generate a society of shock and shock
that in some way hinder community growth and development. The belief in the caste
system and the blind belief in religion and superstition represent the Indian populace
itself.

In order to tackle these difficulties and tougher rules, excellent education and awareness
needs to be disseminated to individuals. In multiple examples of MB attacks in rural
India, police investigations showed that nearly no equipment should be equipped in the
same way. Healthcare is a human right of great importance and must be protected by the
government. The Supreme Court must stick firmly to the defense, corrective action and
punitive remedies.

A lot of lynching cases have now been observed from the first occurrence of lynching
observed in the Kherlanji massacre. For Indians, it's a natural trend to lynch someone
they feel is wrong and to harm people's feelings. If people oppose the activities of the
government, where they feel legislation is a better decision, we can't say exactly what is
in the minds of the people. The encouragement of a lynching person is also one of the key
grounds for the horrific lynching. In June 2017, 5 lynching cases were observed where it
demonstrates that today's society has a public problem. People are furious for a reason
which even encourages the innocent to take part in the lynching. They are brutal.
Lynching is a terrible crime and it is high time for those involved to be severely punished
under the Indian legal system. People must be made aware and informed of the serious
crime of lynching. Civilians should be encouraged to drive awareness or initiatives like
the Not in My Name. In the police stations and in the prisons, infrastructural
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improvements are

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essential; in cases of lynching throughout India it would be fantastic to have an
independent professional team with all the right equipment.
We also need to remind the population that India is not only Hindus, it is a secular nation,
and 'The unity in diversity is the strength for our country' and it belongs to all Indian
citizens who are Muslims, Sikhs, Jains, Buddhists and Christians.'

Mob lynching is quickly acquiring ground which for an emerging democracy like India is
pretty worrisome. Various variations of mass lynching may range from cow vigilance to
child abduction and others, the consequence could sound like a death kick for the rule of
law in any democratic society. This primarily illustrates that in institutions such as the
police, the court and the legislature, people are lost confidence. Still, instead of taking
law into their own hands, the most popular consequence of such an event should be to
give the so-called perpetrators over to the police authorities. Although it is necessary to
have a particular and robust lynching law, it may take the hour. Firstly, flaws must
promptly be closed in the law and order mechanism. It undoubtedly would help to
provide the complainants with swift justice from the lodging of the FIR to the
investigation of the crime without excessive delay This will reinforce faith in the current
machinery of law and order and the legal system. Secondly, it won't assist to disseminate
rumours on social media platforms, such as WhatsApp. We must focus on improving the
digital literacy of those who use these networks. The distinction between the truth and
fake news is to be made aware of. Radio and television can be used for that purpose by
government. This can be supported by N.G. Os and civil society. Thirdly, in order to
reach the rural masses, the district government can simply obtain cooperation from local
panchayats and village officials. Last but not least, sufficient political will is needed for
political bosses to solve this challenge, who take on threatening tendencies. Time has
come to act decisively otherwise it will be too late.

Study demonstrates that hate speeches target a sensitive group's thinking readily, and that
another takes advantage of this position. He or she employs just certain declarations
which can touch the group's minds and hence induce mob lynching. These clever
incentives are usually politicians that utilize the crowd for their own avarice. There can
be hostility, political rivalry or other reasons why the lynch mob uses its authority. "Gou
Raksha" is nowadays a medium for showing the muscular force and the opposers are
targeted under the guise of this.

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In last five years an increase has been noticed in these cases. There was approximately
5% growth and a hate speech was inspired each time. The main accountable persons are
political parties and groups with sentiments of supremacy. Social media is a very easy
tool to provoke violence towards a specific population.

Therefore, restrictions on freedom of expression are very necessary, but a reasonable and
correct link should exist between freedoms and restrictions, because freedom is the
bulwark of democratic government and essential to the proper operation of a democratic
process and is considered the first condition for freedom. This freedom is an essential
element in the democratic process.

Although India is currently in the process of legislating on hate speech and mob lynching,
laws have previously been passed in other countries and even in small countries.

America, Europe, Germany, Japan, Nigeria and Malaysia have drawn up anti-lynch law,
but in India it is still in its infancy. Provisions have been implemented in many other
countries to curb lynching by checking bogus news.

In this regard ECRI‟s work is noteworthy. In its General Policy Recommendation 15, the
European Commission Anti-Racism and Intolerance (ECRI) stipulated that hate speech is
based on the unexplained assumption that an individual or groups of individuals are
higher than others, encouraging acts of violence or discrimination that undermine respect
for minorities and detrimental social cohesion. ECRI urges public figures to react quickly
to hatred of speech; promote media self-regulation; raise awareness of the dangerous
consequences of the speech of hatred; withhold financial and other support from political
parties which use hate speech in their activities; and criminalize their extremely extreme
manifestations while respecting freedom of expression. The anti-haze measures should
not be misused in order to restrict freedom of expression, assembly or suppress criticism
of official policy, political opposition and faith. The measures to fight hatred must be
justified, proportionate, and non-discriminatory.

ECRI has always regarded it vital to prohibit criminal activities if hate speech publicly
incites violence against persons or organizations. At the same time, criminal
consequences should be applied as a final resort and a balance must always be
maintained between, on

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the one hand, combating hatred speech and, on the other hand, defending freedom of
speech.

In India too, we need the same measures to stop this. However, self-regulation is above
all a vital step that everyone needs to take. Self regulation, including adoption of codes of
behavior followed by penalties for non-compliance by public and private institutions, the
media and the Internet business, is worth genuine. In addressing the misunderstandings
and the misinformation attributable to hate speech, education and counter-speech are
equally crucial. There is hence a need to increase public understanding of the necessity of
respecting pluralism and of the risks posed by hatred speech in effective actions against
hate speech.

Mob lynching may happen because of various reasons. Witch-hunting was one cause of
mob violence, with 2000 women who were psychologically challenged murdered for
rumors of robbing and killing children. In India, such as municipal conflagrations like
Sikh riots in 1984, anti-Muslim riots in Gujrat in India or Hindu Yuva Mahainis' case of
Lynching of Ghulam Muhammad just because he had a relationship with the Hindu girl
in the area, which had a dreadful effect on this country. For such cases to be overcome,
awareness among those who assume responsibility for enforcing the law themselves and
for violating the rights of others, due to their poor grasp of Justice must be generated.
In the current situation, Lynching and vigilante assaults have become a choice instrument
for the violence against minorities, particularly those belonging to minority communities
such as Muslims. The assault and lynching of Vigilante are both different than the
municipal uprisings. These are events of mass violence, often from those with little
conception of justice who take over the authority of the state. It has been said that
lynchings have taken place regularly, which has amounted to the “national epidemic”.

In a scenario like this, the Indians learn to tolerate a feeling of justice that amounts to a
lurking, unidentified, unexpressed fear. It led to worry in the thoughts of people that they
would be attacked and defenseless by people due to their radical character.

Indeed, the many incidences of mob lynching and mob violence from different areas of
the country have been documented in India. The reaction to the government's beef-ban
decrees in the country was in most cases a consequence. All identity-based lynching
operations can be viewed as discriminating against the entire group which infringes

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Article 14 and Article

219
15 of the Indian Constitution. In order to safeguard the victims of the mob violence and
also to apply stringent processes to stop attacks and to punish those involved in the
violence against the mob, the current state of mob attacks in this country is horrible.
There is a need for distinct law.

Mob lynching is gaining ground in a burgeoning democracy like india, which is home to
diverse culture and traditions. This above all reveals that people have lost their
confidence in law-making through the law, court and government. The law is the most
powerful and nobody has the right to punish anybody. By communalizing and playing the
guilty game, this hate crime will not lead to answers, but will lead to the victims of the
crowds' hatred. There's a strong law on the lynching of the mobs that reduces society's
threats. We also need to work towards the loopholes that exist in the system, from the
filing of a fir to the immediate investigation of the crime and forgery and prompt justice
for the victims, to the check on social media platforms in which certain parties propagate
hate and distort people's beliefs. It is only useful to place your responsibility in social
media posts and posts sent on the message site

unless we spread digital literacy among the citizens. In order to confront counterfeit
news, the government must support mass media such as newspapers, radio and TV.
According to the Supreme Court recommendations, the State government must develop a
statute against lynching. Individually, we should denounce this and report any false news
we find through awareness-raising among our contacts.

Mob lynching is a type of organized hate crime conducted by a crazy mob. Individuals
should have empathy and not apathy towards such acts. At least in States where the
occurrence rate is quite high on a priority basis, government should deal extremely
severely with this issue. In order to combat lynching and honor murder offenses, there
must be special legislation in IPCs, since no special laws exist to deal with such crimes.
Separate and new portions of the IPC should be included, since the section on acid
attaque, i.e. Sections 326A and 326B, is a new and separate portion. It is a pity that this
crime has been disregarded till the end of the regime. In mob lynching situations, strong
legislation and fast convictions will dissuade society.

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Mob violence may be caused for various reasons, such as, the hunting of sorcerers for
which more than 2000 women with mental difficulties have been lynched for rumors
alleging the theft and murder of children, community conflagrations as in the Anti-Siqh
riots in 1984 or the Gujarat riots in 2002 or interreligious relations such as the lynching of
Ghulam Mohammed by Hindu Yuva Vahini in July'17.

Of late, lynchings and vigilante attacks have become the instrument of choice for
violence against minorities – particularly Muslims. Vigilante attacks and lynchings are
different to
„communal riots‟. Episodic violent acts of the localized kind rather than of the mass of
people who target individuals or groups of people, headed primarily by decentralized
organizations, functioning as watchmen, in some cases operating with the authority of the
State and being associated to violent anti-minority groups. There have been regular
lynchings recently that threaten to become a "national epidemic." As a result, 'Indian
Muslims are becoming more aware of the persisting threat, lurking, unidentified, and
unexplained fear, of imminent violence that is vulnerable to assault everywhere – on a
public road, on a bus or train, in their markets and at home – only to seek and to be
Muslim.' (Kaarwan-e-Mohabbat)

SUGGESTIONS

At the various levels, administration can take steps to ensure fast justice, to register FIR
without delay, to scrutinize the cross-case issues which add to the further victimization of
the accused's already weakened or poor applications for bail, since the victims and their
families face serious threats as a result of the hate associated with the crime. In addition
to this relief and reasonable remuneration, victims or their families should be rewarded
for the losses they experience, and free legal assistance should be offered to ensure
justice.

Manav Suraksha Kanoon (MaSuKa), a civil society law which provides for cognizable
non-deductive and non-complexing legislation in place for mob lynchings, and requires
life imprisonment, with timely trial and compensation for victims' families as well as
police action to protect the witnesses. the government is required to adopt measures to
ensure a legal process that is implemented by a civil society. Just like SC/ST (Prevention

221
from atrocities) Act, 1989 and the Protection of Women from Domestic Violence Act,
2005 are

222
meant for securing justice and protecting a group, MaSuKa would do the same for the
victims of mob lynchings.

The parliament should implement the directions offered but, together with officials who
take part directly or indirectly in such violence, the Supreme Court should write and
enact a new legislation dealing with incidents of mob lynchings that would give the
lynchers a maximum life imprisonment. The new law should also define the term “mob
lynching”.

In relation to occurrences of mass lynching in India and abroad numerous reforms have to
be taken into account. The administration in India needs to take steps to ensure speedier
justice.
• For example, FIR registration without delay can dismiss the cases that could
further victimize the weak and poor and cancel the bail applications since the hate
crime involved could present a major threat to the victims and their families.
• In addition, a process to determine how much compensation the victim or his
family would be awarded for their loss and also to increase their access to justice,
should be established in order to include schemes such as free legal aid.

• In addition, the Government must take appropriate steps to enforce legislation

called for by the Civil Society, Manav Suraksha Kanoon (MaSuka), which
provides for strict laws for mob violence, and also legislation on mob lynching to
be inexpressible, recognizable and non-compounding and to call life
imprisonment throughout the wireless process in order to ensure fairness has been
given to the victims of mob violence. In addition, reparations and police action to
protect witnesses should be considered for the victims' families. Similarly,
MaSuka must do the same for the victims of mob lynching, just as the Act
(SC/ST) of 1989, and the Protection of Women and Domestic Violence Act, 2005
seek protection of the group and ensuring justice.

• In the further development of mob lynching legislation, the parliament can play
also a significant role. Parliament must act in line with the Supreme Court
directives and therefore draft a law and pass new legislation dealing with cases
relating to mass violence aimed at punishing lynchers and officials who form part
of the Mob instances directly or indirectly. The law will be applied to all cases

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related to mass

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 violence. Further, the new law must define the term ‘mob lynching’ which is not
defined is any of the current statutes.

For State Parties

Individual Cases
- Ensure rapid enquiries and prosecutions of lynching perpetrators and instigators and
vigilant violence (including registry of FIRs in cases where there are no violent
perpetrators; quash bad cross cases against victims; challenge of bail requests from the
accused; appeals to the lower courts of court – where only minor sanctions are imposed
on the accused;

- To investigate independently why the police have been unable to investigate and
prosecute the watchdog, suspending, assault, murder and rape.

- Ensure that families surviving are relieved and rehabilitated, including prompt victim
compensation and witness protection and lavishly rehabilitated by public employment,
land, education, medical care and other advantages.
- Provision of adequate legal aid to victims to be able to obtain justice
Hate speech and hate violence
- Investigate hatred speech and hate crime incitement and prosecute the culprit
-Ensure use of existing provisions under section 153A, 153B, 295A, 298, and 505of the
Indian penal Code.
-Ban gau rakshak dals and other vigilante groups, and take strong action their working

Laws

- Revoke the notice of the Center on the prohibition of the sale of cattle for slaughter in
animal markets, as it affects a very wide part of the people, under the Prevention of
Cruelty in Animal Settlement (Regulation of the Market of Rules of Procedure 2017).

-Ensure changes by competent states to their cattle and cow protection laws to provide
security to private parties, including Gau Rakshak Dals, from outsourcing the

225
enforcement

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of cow protection. Simplification and transparency of systems and procedures for
acquiring licenses and permits for cattle enterprises (milk and animal husbandry)
-To introduce the statute of hate crime, which recognizes hate-inspired crime and
violence against, and handicapped religious, ethnic, linguistic and sexual minorities.
- Strengthen hate speech laws; make use of those to prosecute hate violence instigators
- And publish data on hate crime, by social groups and hate crime categories

For civil society:

- Document hate criminality and hate violence; report it to the appropriate public, to raise
awareness about these and trends; raise issues in the public domain; promote better
results for hate crime victims, in executive, legislative and judicial wings; and create and
strengthen safeguards against hate crime (laws, systems, and capacities).
- To increase acceptance across the country against, and in such circumstances against,
hate speech and crimes directed against minority groups.
- Provide legal awareness and provide legal training to victims, and vulnerable
communities on hate crime, accessing justice, obtaining compensation et al
- Providing legal assistance, other assistance to victims to combat cases and get justice

For the International Community

- Encourage India to investigate lynchings and other hate crimes against minorities, and
prosecute the perpetrators and instigators of hate crime
- Support India India to examine its legal framework on hate crime and incitement to
crimes directed at vulnerable groups, and propose enacting hate crime laws that are
inclusive, and to report hate crime periodically
- Encourage India to abide by its commitment to relevant international instruments,
regards incitements and actions based on ideas of racial superiority or hatred,
specifically:Universal Declaration of Human Rights (Art 7); International Covenant on
Civil and Political Rights, Art 20(2); and International Convention on the Elimination of
All Forms of Racial Discrimination (CERD), Art 4 particularly.

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 BIBLIOGRAPHY

Books:-

1) Lynch Files: The Forgotten Saga of Victims of Hate Crime

BY Ziya Us Salam 2019

SAGE Publications India
Mohammed Akhlaq and Rakbar lynched in the name of cow protection.
Chimma, a Dalit, lynched by the mob for entering a Hindu temple.
In the recent years, the cases of mob lynching of Muslims and Dalits have increased to an
alarming extent. These cases are discarded and forgotten without any justice served to the
victims. The emergence of mobocracy from the roots of Hindutva and gau rakshaks has
put India’s secularity and democratic constitution to test.
Lynch Files pieces together the tragic stories of the people at the receiving end of mob
violence and looks inside the mind of the lynchers who flout laws with impunity. Further,
the book discusses the Supreme Court judgement against lynching and tries to restore
faith in the court’s capacity to curb this violence.

2) Global Lynching and Collective Violence: Volume 1: Asia, Africa, and the Middle
East

Michael J. Pfeifer Feb 2017

University of Illinois Press
Often considered peculiarly American, lynching in fact takes place around the world. In
the first book of a two-volume study, Michael J. Pfeifer collects essays that look at
lynching and related forms of collective violence in Africa, Asia, and the Middle East.
Understanding lynching as a transnational phenomenon rooted in political and cultural
flux, the writers probe important issues from Indonesia--where a long history of public
violence now twines with the Internet--to South Africa, with its notorious history of
necklacing. Other scholars examine lynching in medieval Nepal, the epidemic of
summary executions in late Qing-era China, the merging of state-sponsored and local
collective violence during the Nanking Massacre, and the ways public anger and lynching
in India relate to identity, autonomy, and territory. Contributors: Laurens Bakker,
Shaiel Ben-
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Ephraim, Nandana Dutta, Weiting Guo, Or Honig, Frank Jacob, Michael J. Pfeifer,
Yogesh Raj, and Nicholas Rush Smith.

3) Looking for the Nation: Towards Another Idea of India

Manash Firaq Bhattacharjee
Speaking Tiger, 2018 – Nationalism - 218 pages
'This splendid book will deepen the understanding of nationalism in our dark time.'-Talal
Asad, Distinguished Professor of Anthropology, City University of New York
This urgent and compelling book comes at a time when toxic nationalism is causing the
violent and systematic exclusion of political, religious, sexual and other minorities.
Manash Firaq Bhattacharjee reminds us that the modern nation-state, built on fear and an
obsession with territory, is often at odds with democracy, justice and fraternity.
Critically analyzing the ideas of thinkers who laid the political and ethical grounds of
India's modern identity--Nehru, Ambedkar, Gandhi, Tagore, and Aurobindo--
Bhattacharjee shows how we have strayed from their inclusive, diverse visions. He
effortlessly weaves personal and intellectual histories, navigating through vast swathes of
scholarship, to sketch a radically ethical imagination against the sound and fury of
nationalism. He dips into fascinating anecdotes, recalling Ashok Kumar's friendship with
Manto against the shadow of Partition, Ali Sardar Jafri's Jnanpith Award acceptance
speech, and his own encounter with the Sufi qawwal, Fareed Ayaz, among others.
Concluding with an enlightening genealogy of modern politics in the light of its present
crisis, he exhorts us towards a new politics of trust.
Brimming with thought-provoking analyses and commentary, looking for the Nation is an
extraordinary and illuminating account of India's politics and culture.

4) Violent Cow Protection in India: Vigilante Groups Attack Minorities

Jayshree Bajoria
Human Rights Watch, 2019 – Cows - 101 pages
"This report describes the use of communal rhetoric by members of the ruling Bhartiya
Janata Party (BJP) to spur a violent vigilante campaign against consumption of beef and
those engaged in the cattle trade. Between May 2015 and December 2018, at least 44
people - including 36 Muslims - were killed in such attacks. Police often stalled
prosecutions of the attackers, while several BJP politicians publicly justified the attacks."

5) Measure for Measure: Lynching Deaths in West Bengal, a Sociological Study

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Samit Kar
K.P. Bagchi & Company, 2006 - Lynching - 247 pages
Study with reference to the state of West Bengal, India.

6) Political Violence in Ancient India

Upinder Singh 2017
Gandhi and Nehru helped create a myth of nonviolence in ancient India that obscures a
troubled, complex heritage: a long struggle to reconcile the ethics of nonviolence with the
need to use violence to rule. Upinder Singh documents the tension between violence and
nonviolence in ancient Indian political thought and practice, 600 BCE to 600 CE.

Articles:-

1. MOB VIOLENCE AND VIGILANTISM IN INDIA

By – Ishan Gupta Available at
https://www.jstor.org/stable/48566204
World Affairs: The Journal of International Issues, Volume 23, No. 4 (Winter 2019
(October- Dec) pp. 152 – 172 (21 pages)
Published by: Kapur Surya Foundation
• Escalation in mob-lynching targeting minority communities, primarily
Muslims and Dalits.
• General pattern observed in such crimes and the need for codified law
defining mob-lynching and the punishment for it.
• Dadri Lynching, Alwar, Nowhatta, Dhule Lynching etc. have occurred.
• Hate crimes
• Cow related Violence- 2014 to 2018
• Anti-Lynching laws in the US
• WhatsApp Lynching.

2. HINDUTVA VIOLENCE IN INDIA: TRENDS AND IMPLICATIONS

By – Sudha Ramachandran Available at –
https://www.jstor.org/stable/26918077
Counter Terrorist Trends and Analyses- Volume. 12, No.4 (June 2020), pp. 15-20
(6pages) Published by – International Centre for Political Violence and Terrorism
Research.
230
 • Aims at making secular India as Hindu state.
• Deepening the insecurities of India’s religious minorities especially Muslims.

3. BEEF RELATED VIOLENCE IN INDIA: AN EXPRESSION

OF ISLAMOPHOBIA
By – Mohammed Sinan Siyech and Akanksha
Narain Available at - Beef-related Violence in India: An Expression of
Islamophobia
(jstor.org)
Islamophobia Studies Journal – Volume. 4, No. 2 (Spring 2018) pp. 181-194
(14pages) Published by – Pluto Journals.
• Few extreme organizations such as RSS, VHP and BD have tried to hijack Hinduism
and then construct the image of a Muslim as an evil that needs to be removed or at the
least dealt with definitively in India.

4. MOB LYNCHING – A DESECRATION OF THE ‘RULE OF LAW’

By- Vageshwari Deswal
Available at - Mob lynching- A desecration of the ‘Rule of Law ’(indiatimes.com)
• Aptly referred to by the Hon’ble Supreme Court as a ‘Horrendous act of mobocracy ’
• Murder of three people, two monks and their driver by a mob in
Palghar, Maharashtra.
• Lady doctor’s car had been pelted with stones (Another incident) (Rumors of
child lifters)

5. PREVENTING MOB- LYNCHING.

By – M.P. Nathanael
Available at - Preventing mob lynching - The Hindu
• State Laws – Manipur Government- Bill against Mob Lynching in 2018
Rajasthan Government – Bill against lynching in August 2019
West Bengal – Stringent Bill against lynching.

6. MOB LYNCHING: A CRIME THAT EXONERATES THE OFFENDERS

IN INDIA
By – Anubhav Vasishta, Abhay Pachauri
Available at – Mob Lynching: A Crime That Exonerates The Offenders In India?

231
(outlookindia.com)

232
 • Common Object under Section 149
• Common intention Under Section 34

7. MOB LYNCHING: A NEW FORM OF HATE CRIME

By – M.K. Pathak
Available at – https://ijop.net
• WhatsApp lynching
• Rumors of child abduction and organ harvesting via the WhatsApp
message service
• Organized Hate Crimes.

8. STRICTEST PUNISHMENT FOR MOB LYNCHING NEEDED NOW MOST

By – Sanjeev Sirohi
Available at - Strictest Punishment for Mob Lynching Needed Now Most Article - Legal
Articles in India (legalservicesindia.com)

9. PERMISSSION TO HATE DELAWARE, LYNCHING, AND THE

CULTURE OF VIOLENCE IN AMERICA
By – Yohuru R. Williams
Available at – Permission to Hate: Delaware, Lynching, and the Culture of
Violence in America on JSTOR
Journal of Black Studies Vol. 32, No. 1 (Sep 2001), pp. 3-29 (27 pages)

10. LYNCHINGS IN BIHAR: REASSERTION OF DOMINANT CASTES.

By – Prakash Louis
Available at - Lynchings in Bihar: Reassertion of Dominant Castes on JSTOR
Economic and Political Weekly Volume. 42, No. 44 (Nov 3 – 9, 2007), pp.26-28 (3
pages) Published by: Economic and Political weekly

11. THE MADNESS OF THE MOB? EXPLAINING THE IRRATIONALITY AND

DESTRUCTIVENESS OF CROWD VIOLENCE.
By – David Waddington Sheffield Hallam University

WEBSITES

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1) www.ncbi.nlen.nih.gov.

2) www.ipgmonline.com

3) www.wikipedia.com www.cnsindia.com

4) www.shareyouressay.com

5) www.en.wikipedia.org

6) www.britannica.com

7) www.jstor.org

8) timesofindia.com
9) thehindu.com

10) www.drishtiias.com

11) blog.ipleaders.in

12) www.legal-tools.org

13) www.outlookindia.com

14) legaldesire.com

15) www.legalservicesindia.com

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