Mob lynching is a gruesome act that involves a group of people who take the law into their own hands to punish a suspected perpetrator. Those who commits this condemnable act often believe in rumours spread by conservative people, which is usually based on religion, caste, etc. This horrendous act posed a grave threat to the state of law and order, human rights, and social solidarity.
LAWS ON MOB LYNCHING-
The cases of mob lynching are on an increase in India and despite the Supreme Court of India stating that ‘horrendous acts of mobocracy cannot be tolerated and cannot be allowed to become the new norm’ very few steps have been taken by governments and States to form laws against mob lynching. Various bills have been passed by States against mob lynching however, the Union Governments have not implemented the same and have taken the view that because mob lynching is not defined as a crime in the Indian Penal Code, 1860, therefore, bills cannot be formed into laws against mob lynching.
The Union Home Ministry in the year 2019 stated in the Parliament that as there was no separate definition for lynching given in the Indian Penal Code, cases of mob lynching could be dealt with under Sections 300 and 302 of the Indian Penal Code. These sections of the IPC pertain to murder.
-Manipur was the first State to form a law against mob lynching in the year 2018 and this law was in sync to the guidelines provided by the Supreme Court.
-The Manipur Law defined mob lynchings as “any act or series of acts of violence or aiding, abetting such act/acts thereof, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity or any other related grounds.”2
-This law provides the provision for a nodal officer in all districts in order to control such crimes.
-This law is the first law in India which deals with the rights and protection of the people who are vulnerable and has also defined a new crime of negligence of duty by public officials.
-The law provides that the police officials who fail to prevent the crime of lynching in their jurisdiction are liable to be imprisoned for a term that may extend from one year to three years and with a fine of Rs. 50,000.
-This law has also removed the protection which is otherwise extended to the public officials who are charged with any offence they commit while discharging their official duty.
-Hate crimes which are related to foster enmity between people on the basis of race, religion, language, etc. can be punished under Section 153A of the Indian Penal Code.
Prior permission of the State government is required for the registration of such crimes and most of the governments use this power to shield the offenders who perpetrate hate crimes who politically support the ruling party.
As per the Manipur Law, no prior sanction of the state government is required to register crimes against public officials who fail to prevent lynching and other hate crimes.
-It is the duty and responsibility of the State government, as per the Manipur Law, to make ensure the protection of victims and witnesses against any kind of threats, coercion, inducement, force, violence or threats of violence.
-The Law also provides that it is the duty of the State officials to prevent a malevolent and hostile environment against the people who have been lynched.
-The Law also provides that the victims of lynching have to be rehabilitated and relief camps have to be set up for the victims and compensation has to be given to the families in case of the death of the victim. This step has proved to be beneficial for the survivors of mob lynching.
-Even the states of Rajasthan and West Bengal have formulated their own laws against mob lynching, gaining inspiration from Manipur. The West Bengal (Prevention of Lynching) Bill 2019 was passed by the West Bengal Assembly providing life imprisonment to those who injured a person and death punishment or rigorous imprisonment for those who caused death. Compensation upto Rs. 5 Lac and job to the victim’s kin is also included in the new law. As per this law, the state government will appoint “nodal officers” who will “monitor and co-ordinate prevention of lynching”.3 The Rajasthan Protection from Lynching Bill, 2019 was passed by the Vidhan Sabha which provides for life imprisonment and a fine for Rs. 1 Lac to Rs. 5 Lac to those who are convicted for causing death of a person in mob lynching. If someone causes grievous hurt then the person would be imprisoned for a term of 10 years and would be fined for Rs. 25,000 upto Rs. 3 Lac and if other injuries are caused then the punishment would be imprisonment for 7 years and fine of Rs. 1 Lac.
PUNISHMENT FOR LYNCHING-
*Section 223 in The Code Of Criminal Procedure, 1973
Sub-section (a) of Section 223 provides for persons accused for same offence in the course of same transaction to be charged and be subjected to trial together. Whereas, sub-section (b) also involves persons accused for abetment or attempt to commit such offence.
*Section 302 of Indian Penal Code
This section of IPC provides that an accused convicted for committing murder of a person will be sentenced with death or life imprisonment and shall also be liable for fine.
*Section 304 of Indian Penal Code
This section of the IPC deals with punishment for culpable homicide not amounting to murder which may be:
-Life imprisonment for life
-Imprisonment for a term which may extend for a period upto ten years and shall also be liable to fine if the act is done with the intention to kill or cause injury which is likely to cause death.
-Imprisonment for a term which may extend for a period upto ten years, or with fine, or with both, if the act is done with the knowledge which is likely to cause death or injury which is likely to cause death, but without any intention.
*Section 307 of the Indian Penal Code
This section of IPC prescribes punishment for any person found guilty of attempt to murder. Such a person shall be sentenced to imprisonment which may extend upto 10 years and shall also be liable for fine.
*Section 323 of The Indian Penal Code
This section of IPC prescribes punishment for a person found guilty of causing voluntary hurt. A person voluntarily causing hurt to someone else shall be sentenced to an imprisonment which may extend upto a period of 1 year or fine which may extend to one thousand Rupees or both.
*Section 34 of The Indian Penal Code
According to this section of IPC, when a criminal act is committed by several persons or a group, with a common intention, then every individual of the group will be held liable for that act, as if it was performed by him alone.
*Section 120B of The Indian Penal Code
Punishment for Criminal Conspiracy- According to this section, if the parties involved in the conspiracy, conspired to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or more, shall be punishable in the same manner as if he/she had abetted the commission of such an offence, if no explicit punishment for the commission of such a conspiracy has been provided for, by the Code. However, if the parties involved in the conspiracy, conspired to commit an offence punishable with terms not prescribed previously, such persons shall be sentenced to imprisonment for a term not exceeding six months, or a fine, or both.4
*Section 143 of The Indian Penal Code
According to this section a member of an unlawful assembly (as defined under Section 141 of IPC) shall be punished with imprisonment of either description for a term which may extend upto six months, or with fine, or with both.
*Section 147 of The Indian Penal Code
According to this Section any person guilty of rioting is liable to get punished with imprisonment which may extend upto a period of two years, or with fine, or with both.
Conclusion
Mob lynching in India is a grave issue that threatens the democratic values of Indian society, disrupts objectives of Preamble of Indian Constitution, undermines the rule of law, Social solidarity, etc. Such incidents create an atmosphere of fear, especially among minorities. There are legal mechanisms to combat such menaces, but the absence of specific laws leads to the longevity of cases.