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A monstrous act of crowd

November 2, 2021

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This article has been written by Adv. Dristy Gupta & Ms. Tripti and the article has been edited by Khushi Sharma (Trainee Associate, Blog iPleaders).

Table of Contents

Abstract

Mob lynching is the activity which came into focus in last few decades. Lynching is a cruel mob justice in which ordinary people come together to punish someone without thinking about laws, morality, justice, and social standard. The group of people takes all the law and order in their hands.

Nowadays these activities increase in India under the name of religion, caste and creed. So, this topic should be properly discussed and researched. In the last 2-year SC and states made a number of laws and acts to control these activities.

Still these activities are not stopped in the states like U.P, Bihar, and Maharashtra etc. Now it is really important to spread awareness in the people about these laws and should promote the “Right to Heard” for each person.

Introduction

The basic and most essential feature of a democracy is to protect the life and liberty of the people, but, today, in the largest democracy of the world, the life and liberty of the people are being infringed upon. Right to life is a fundamental right in India, where it is seen to be violated at a public level and the government has not been able to show its efficiency over the years in getting rid of the crimes. There are many actions which are criminalized by the government to protect the fundamental rights of the citizens, but there are some crimes which have been rampant in the past few decades. The Mob lynching is the best and suitable example of recently immersed crime in India. Mob lynching, even though is a new glossary in Indian scenario, but has been coming from time to time through the world society for centuries.

Mob is the English word which means unrestrained or uncontrolled crowd and on the other hand, lynching can be considered an Americo- Latin word, which means awarding the death sentence without any legal proceeding.

Lynching is a premeditated extrajudicial killing by a group. It is most often used to characterize informal public executions by a mob in order to punish an alleged transgressor, or to intimidate a group. It is an extreme form of informal group social control such as charivari, skimming ton, riding the rail, also often conducted with the display of a public spectacle for maximum intimidation.

Mob lynching is not an ordinary crime. Evidence collected by India Spend suggests that since 2010, there have been 87 incidents of hate crimes in 289 victims of cow-related violence. Significantly, 98% of these incidents of lynching have occurred since May 2014.

The Supreme Court used powerful language in calling on the Union government to curb lynching of the Mafia. He has notified, “Citizens cannot take the law into their hands and added that “horrendous acts of monocracy” cannot become the new norm.

Multiple cases of mob lynching have been registered in Bihar, UP, Rajasthan, Madhya Pradesh. Several cases have also been reported in the south Indian states of Karnataka, Telangana and Kerala. In other words, mob lynching has almost become a national phenomenon.

Background of lynching

Mob lynching is started as social and racial discrimination against black Americans with the purpose of making them inferior to the whites. These were performed mostly in the US south from around 1877, soon after the reconstruction from civil war, through 1950.
It was believed that the term was first used by a planter named Charles Lynch to describe extra-judicial authority assumed by private individuals. Lynching was becoming a popular way of resolving some of the anger that whites had in relation to the free blacks.
From 1882-1968, 4743 lunching occurred in the United States. Of these people that were that was lynched 3,446 were black.
Back then, lynching referred to vigilante justice meted out to black people. Before American Civil War brought an end to slavery, several instances of black slaves being lynched were reported in the US. In some cases, whites were also lynched for opposing slavery of black people.
In India, from quite a few years there have been plenty of incidents of horrifying mob lynching cases. Single women have frequently been lynched through the centuries, branded as witches. Dalits have been lynched with enormous cruelty for millennia.

Causes of mob lynching in India

Rise of cow vigilante

Cow vigilante groups or ‘Gau Rakshaks’, following the Government’s ban on cow slaughtering, have been ruthlessly killing those suspected of killing, trading, or consuming beef. Example- Dadri lynching of 2015.

Dirty politics

Mob lynching is not only a social problem but a political one too. Due to selfish political benefits, some leaders have destructively used the diversity of India and pitted groups against one another.

Rumours of child-lifters

In a case of a man in the Malda district of West Bengal on suspicion of being a child-lifter. The man was reportedly homeless and panicked when confronted by an angry mob.

For personal enmity

In the cases of personal issues the powerful person tries to kill the weak for superiority.

Social media influence

Lynching, however, did not remain limited to religious hysteria over cow protection. The same conditions – the easy spread of rumours using social media, an apathetic or incapable administration and a mercurial population – meant a spate of mob violence with varied motivations.

Fake news

Fake news, misinformation and warmongering about the other community have always been around in India. The same social media apps which carried reports of the cow mother being killed also transmitted rumours of children being kidnapped. And like in the case of gauraksha lynching, social fissures played a key role here too.

Indian laws and mob lynching

Indian is a democratic economy. Every person and individual have their own rights and duties. No one can derivate an Indian from their basic rights as an individual. Violation of fundamental rights creates violation and harassment of the person.

The criminal laws face a void as there is no specific law or provision that penalizes the act of mob lynching. Under Section 223(a) of the Criminal Procedure Code (Crpc), it is possible to punish two or more accused committing the same offence in the course of the “same transaction” but this section is not complete falls for punishment in this crime.

In Constitutional law, there are some articles that are violated under this crime. Article 14 in The Constitution of India,1949 “Equality before the law” The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 15 in The Constitution of India 1949, “Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth”

The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them.

No Equality and prohibition of discrimination are violated in the act of lynching. The victim doesn’t get equal opportunity for hearing in a court of law. Every individual has a Right to be heard and equal opportunity. Every individual under the law is innocent until proven guilty. Usually, these incidents are the results of discrimination in the name of caste, creed, sex, race etc.

Article 21 in The Constitution of India 1949, “No person shall be deprived of his life or personal liberty except under procedure established by law.” The objective of Article 21 is to prevent the state from depriving a person of his/her personal liberty and life but in the case of lynching, the mob take laws into their own hands and take someone life and hamper their right to life.

These incidents are rising day by day but states gave failed to implement the laws. The widespread corruption in law enforcement agencies, unconscionable delays in the disposal of the cases by the judiciary and the unfair advantages to the rich and the dominance of the laws.

Tehseen S. Poonawalla v. Union of India

Bench

Chief Justice Dipak Mishra, A.M Khanwilkar and Dr. D.Y Chandrachud, Supreme Court, India.

Facts

The incident of mob lynching was rising every other day. Especially in the name of cow vigilantism. So, three activists namely Mohanbhai Hamir Bhai Bedva, Matin Macwan and Tehseen Poonawalla. They filed a writ petition under Article 32 of the Indian Constitution and highlighted some of the important points. These are:

Two men were hung in Balumath forest, Latehar District, Jharkhand.
Lashing of Dalits, Una, Gujarat.
Mob Lynching incident with Pehlu Khan, Alwar, Rajasthan.
Mob Lynching incident with Mohammed Akhlaq, Dadri, Uttar Pradesh.

The petitioner challenged the Cow protection laws of six states namely:

Gujarat;
Jharkhand;
Karnataka;
Maharashtra;
Rajasthan;
Uttar Pradesh.

It was challenged on the ground that the acts done in good faith somewhere protected the individuals from legal liability.
The petitioner claimed that the respondent states must take instant necessary actions against all such cow protection groups who in the name of protecting Cows are involved in acts of assignation and violence. Moreover, the petitioner also alleged the respondent states to remove violent posts on the social media posted by such groups.

Issues

Whether immediate and necessary action should the states and Centre should take against the cow protection groups for creating violence in the society?
Whether the states and Centre should issue a writ to remove all the violent posts on social media by the cow protection groups?
Whether Section 12 of the Gujarat Animal Prevention Act, 1954 , Section 13 of the Maharashtra Animal Prevention Act, 1976 and Section 15 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964; are unconstitutional?

Arguments

By Petitioner

Mr. Sanjay R. Hedge that “no person even if they are the cow protection group is entitled to involve themselves in the activity relate to lynching.” The act of mob lynching must be suppressed by the executive. The legal procedures must be followed and no one should take the law into their hand.
Ms. Indira Singh contested that, “union and states are duty-bound to prevent the acts of lynching. They should take immediate actions to prevent such acts.”
It was also contested that the “Centre has the power to intervene in the acts of states as mentioned under Article 256 and Article 25 7 of the Indian Constitution.”

By Respondent

Ms. Hemantika Wahi stated that, “all individuals who were involved in the activities related to the lynching has been arrested and relevant charges has been filed against them.”
Mr. Tapesh Kumar Singh stated that, “legal actions gas been taken against all those individuals who were engaged in such acts and criminal charges has been filed against them.”
Mr. Ranjit Kumar, Solicitor General (appearing on behalf of the Union) stare that, “it is the matter of the state and Union does not in any way support the cow vigilant groups.”

Judgment

The court held that the law enforcement agencies are duty-bound to look after the proper administration of law and no private individual is entitled to take law in their hand.
The issue raised by Sanjay r. Hedge has been dealt with by the Central Government in the case of Shakti Vahini V. Union of India.
The Court came up to the conclusion which can be categorized under three heads, namely:

Preventive Measures.
Punitive Measures.
Remedial Measures.

Preventive measures

A nodal officer is to be appointed by the State in each district, who will be a senior police Officer (not below the rank of the Superintendent of Police). The nodal officer will receive help by the DSP to take necessary actions to prevent the act of lynching. To receive the intelligence, report a special task force is to be made who from time to time will get information about those people who are engaging in the acts of spreading hate speeches, proactive statements and made-up news.
State Government will pinpoint the districts, villages and subdivision where the case of mob lynching has been reported recently.
Nodal officer is duty bound to make sure that the pinpointed mob lynching area there the officer-in-charge of the police station takes extra caution.
Nodal officer from time to time will conduct the meeting and should take necessary action to step the acts of mob lynching.
The police officer can use their power under Section 129 of CrPC to deal with the cases of mob lynching.
A warning can be given by the Central Government and State Government on television, radio and other media platform which includes the official website of law enforcing agencies the act of lynching requires serious action under the law.
The police can register FIR under Section 153A of IPC or any other relevant provisions of law for the time being enforced.
The advisories of the Central Government will direct the State Government which will show the seriousness of the situation and the actions to be taken by the State Government.

Remedial measures

FIR should be filed immediately whenever the case of mob lynching comes to the notice of the local police station.
The filling FIR police station must inform the same to the nodal officer in the district.
The nodal officer will personally conduct a strict and brief investigation to ensure safety and peace in society.
Under Section 357A of CrPC the State Government will prepare the compensation scheme for the victim’s family.
Establishment of fast-track courts for the speedy trial of the mob lynching case.

To set an example the fast-track court should impose the maximum sentence.
Measures must be taken to conceal the identity of the witness and the addresses of the witness.

Under the Legal Service Authorities Act, 1987; the victim shall receive free legal aid.

Punitive measures

In any situation where the police officer or officer of the district administration, finds that they fail to follow the direction of the court to stop and/or to investigate and/or to facilitate the speedy trial of any crime of lynching and mob violence then it shall be considered as deliberate misconduct and negligence.
Such deliberate misconduct and negligence will give birth to the departmental inquiry.
The State Government must take disciplinary action against the officer if it is found that:

The officer had prior knowledge about the incident and he did take any action to prevent the same.
Instant arrest and criminal proceedings against the culprit were not in initiated by the officer.

The law for mob lynching

Objective of the Act

To protect the constitutional rights of vulnerable persons.
To punish lynching acts.
To conduct speedy trials through Special Courts.
To rehabilitate victims of lynching & their families.

Chapter I: Preliminary

Section 1: Short title, extent & Commencement.

It will be called PROTECTION FROM LYNCHING ACT, 2017.
Extends to the whole of India.
Will come into force within 30 days of the enactment.

Section 2: Definition.

“lynching “is any act/ series of acts of violence that can be either spontaneous or planned. It is committed to inflicting extra-judicial punishment/ protest & caused by the mob. Which is basically done to enforce any legal, societal & cultural norms; upon a person or group of persons.
“mob” is when two or more persons assemble with an intention to lynch.
“victim” a person who has suffered either physically, mentally, psychologically or monetary harm.
“offensive material” is any material that incites a mob to lynch. It can be on the ground of religion, race, culture or any other thing.
Any words or expressions used in this Act and not defined in this Act shall have the same meaning as provided in IPC or CrPC.

Chapter II: Duties Of Police Officer And District Magistrate

Section 3: Duties of Police Officers.

1) Every Police officer who is in charge of maintaining law and order will take reasonable steps to prevent any act of lynching. To that end:

Take efforts to identify possibilities of dissemination of offensive material.
To prevent lynching in accordance with the powers vested in them.

2) Every police officer will take action to prevent the commission of all offences mentioned under this Act.

Section 4: Duties of District Magistrate.

Notwithstanding anything contained in the Code, when the District Magistrate has reason to believe that in any area that comes under his jurisdiction, and there is an apprehension of lynching then he by order in writing may prohibit any act which in his opinion is likely to lead to incitement & commission of mob lynching.

Chapter III: Prevention Of Acts Leading To Lynching

Section 5: Duties to Prevent Lynching.

Every police officer who is in charge of the police station has the duty to prevent any act of lynching; falling under his jurisdiction. For such purposes:

To identify the patterns of violence, including the existence of a hostile environment against a person or group of persons; falling under the jurisdiction of the police officer.
To obtain information regarding the likelihood of an act of lynching.
To prevent any act of lynching in accordance with the powers vested in them.

Every police officer will take reasonable action to prevent the commission of any offence mentioned under this Act.
Every police officer who is exercising the powers under this Act; while discharging his/her duties will act without any delay in a fair, impartial & non-discriminatory manner.

Section 6: Power to exercise authority against mobs.

It will be the duty of every police officer who is in charge of a police station to exercise his authority in order to disperse the mob. For such exercise of the power the police officer who is in charge of a police station may use the powers vested under Sec 129 of CrPC.

Chapter IV: Offences Of Lynching And Punishment Thereof

Section 7: Punishment for offence of Lynching.	Section 8: Punishment for Conspiracy or Abetment to Lynch.	Section 9: Punishment for obstructing Legal Process.
Any person who commits an act of lynching: In case of hurt: imprisonment for 7 years and with fine which may extend to 1 lakh rupees. In case of grievous hurt: imprisonment which may extend to 10 years and with fine which may extend to 3 lakh rupees. In case of death: rigorous imprisonment for life and with fine which may extend to 5 lakh rupees.	Any person who either take part in a conspiracy or conspires to lynch or abets an act of lynching then such person will be punishable in a manner as if he had taken part in the lynching act.	Any person: Who intentionally obstructs any legal process like arrest, trial or punishment then such person will be punishable with imprisonment which may extend to 5 years and will also be liable to SThreatens any witness or any person associated with the witness or compel the witness to withdraw then such person will be punished with imprisonment which may extend to 5 years and will also be liable to fine.

Chapter V: Other Offences And Punishment Thereof

Section 10: Punishment for Dissemination of Offensive Material.	Section11: Dereliction of Duty by Police Office.	Section 12: Punishment for Dereliction of Duty by Police Officer.	Section 13: Dereliction of Duty by District Magistrate.
Notwithstanding anything contained in this law for the time being in force, any person who publishes/communicates/disseminated either physical or electronic; materials that are offensive in nature; such person will be punished with imprisonment which may extend to 3 years and with a fine which may extend to 50,000 rupees.	Any police officer who is directly in charge of maintaining peace and order in the area and he without any reasonable cause fails to do so then such police officer will guilty of dereliction of duty. This dereliction of duty will include : Failure to provide protection to the lynched victim. Failure to act. Refusing to record any information under sec. 154 (1) of CrPC.Failure to perform the duties mentioned under Sec 3,4, & 5 of this Act.	Any person who commits a derelict act with the police officer such person will be punished in accordance with the police Act of such State. In a State where there is no Police Act then in such a situation, such a person will be punished with imprisonment which may extend to 6 years and with a fine which may extend to 50,000 rupees.	If a District Magistrate is authorized to act under this Act but: Malafide acts, which led to cause harm and injury to any person or property. Willfully omits to exercise lawful act. Then in such a situation, such District Magistrate will be punished with imprisonment which may extend to 6 months or with fine or with both.

Chapter VI: Investigation, Prosecution And Trial

Section 14: Application of Code of Criminal Procedure, 1973.

The provision of the CrPC, 1973 will apply to this Act.

Section 15: Offences to be cognizable and non-bailable.

The offences that are specified under this Act will be cognizable and non-bailable.

Section 16: Investigation by Senior Police Officers.

The Police Officer not below the rank of Inspector of Police shall investigate any offence committed under this Act.

Section 17: Sanction not required for offences under the Act.

Sec 196 and 197 of CrPC will not be applicable. The Court may take cognizance of such offence when satisfied that the said offence has been committed.

Section 18: Cases triable by Designated Judges.

Notwithstanding anything contained in the CrPC, 1973, or any law for time being in force, the offences which are specified under this Act will be tried by Designated Judges appointed under this Act.

Section 19: Power to appoint Designated Judges.

In relation to the Union Territories- the CG. Or the SG by notification in the official gazette appoints as many Designated Judges in consultation with the Chief Justice of the High Court as it may be necessary to try to offences punishable under this Act.

Only Session Judge under CrPC, 1973 will be appointed as Designated Judge or Additional Designated Judge.

Section 20: Procedure and Power of Designated Judge.

A trial of warrant cases mentioned under CrPC, 1973 will be followed.
When the provisions of CrPC is not inconstant with the provision of this Act, the provisions of CrPC will be applicable to this Act. And for this purpose, the Designate Judge will be deemed to be the Court of Session.
While trying the accused person, the Designated Judge upon his will may charge any other offence which is not mentioned under this Act but which is connected to the act committed by the accused. Again, the provision of CrPC will be applicable.
If during the course of the trial the designated judge finds out that the accused person has committed any other act other than this act the Designated Judge may pass any sentence that is authorized by law.
Notwithstanding anything contained in this the CrPC, the trial will behold on a day-to-day basis except for reasons beyond the control of the parties.
The statements of the victim are to be recorded within 180 days from the date of the incident.
It is to be ensured by the court that the witness is only required to attend only 2 dates of hearing.

Section 21: Rights of victims and witnesses during the trial:

The identity of the witness will be kept secret either by the application made by the witness or by the public prosecutor or by the designated Judge on its own motion may pass such application.
The victim will have the right to a reasonable, accurate and timely notice of any court proceeding. He/she will be entire to be heard in any proceeding 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.
The victim will be entitled to receive free legal aid if he/she demands and engages any advocate who is enrolled in the legal aid panel under the Legal Services Authorities Act, 1987 and the Legal Aid Services Authority established under the said Act will pay all costs, expenses and fees of the advocate appointed by the victim.
It will 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 violence or inducement or threats of violence.
The State Government will inform the concerned Designated Judge about the protection provided to the victim, informant or witnesses. The Designated Judge will periodically review the protection being offered and he will pass necessary orders.
The Investigation Officer is duty-bound to record the complaints of the victims, informant or witness related to intimidation, coercion or inducement or violence or threats made either orally or written. A copy of such a complaint will be sent to the Designated Judge.

Section 22: Constitution of Review Committee:

Where the Investigating Officer does not file a charge sheet within 3 months from the date of the registration of First Information Report (FIR). In such a situation it will be reviewed by the committee which is to be headed by an officer of the level of an Inspector-General of Police to be constituted by the State Government. The committee may pass fresh investigation order by another officer who is not below the rank of Deputy Superintendent of Police.
The committee will also review cases of such offences where the trial ends in acquittal and issue orders for filling appeal, whenever required.
The committee will submit its report of findings and actions to the Director-General of Police.

Chapter VII: Compensation

Section 23: Duty to Provide Compensation:

With 30 days of the incident, the State Government will provide compensation through the office of the Chief Secretary.
In case of the death of the victim caused due to lynching then the compensation will be paid to the kin of the deceased.
In computing the compensation, the State Government must consider bodily injury, psychological injury, material injury, loss of earnings. But the compensation must be less than 25 Lakh rupees; only in case of death of the victim, it may exceed 25 lakh rupees.

Chapter IX: Miscellaneous

Section 25: Power to remove difficulties:

In case of difficulty arising in implementing any provision of this Act then the Central Government by notification in the Official Gazette may pass any such Act which is not inconsistent with the provisions of this Act and as it appears necessary for the Government to pass it.

Section 26: Act to be in addition to any other law:

This Act and the provisions of this will not be in derogation of any other law for the time being in force except when the provisions of other law are not consistent with the provisions of this act. The provisions of this Act will be in addition to every Act.

Recent cases of mob lynching in 2020

S. No.	MONTH	STATE	DESCRIPTION
1.	1^st, JULY	MAHARASHTRA	5 people were killed by the villager (Dhule District) as they were suspected to be part of the gang of child trafficking.
2.	28-29^th, JUNE	TRIPURA	Approximately 3 lynching cases were reported in Tripura. Again, it was a suspicion that these are involved in Child trafficking activities.
3.	26^th, JUNE	GUJARAT	Around 30 people in Ahmedabad were beaten to death by 40-year-old women on the suspicion of a child lifter.
4.	22^nd, JUNE	CHHATTISGARH	On the suspicion of being involved in child trafficking activities, an unidentified person was beaten to death in Sarguja District.
5.	19^th, JUNE	UTTAR PRADESH	Mob beating a man to confess that he was slaughtering a cow in Hapur District.
6.	13^th, JUNE	WEST BENGAL	In the Malda district, a man was tied to an electric post and beaten to death on the suspicion of being involved in child trafficking activity.
7.	8^th, JUNE	ASSAM	In KaarbiAnglong District; 2 men were beaten by bamboo and wooden sticks.
8.	8^th, JUNE	MAHARASHTRA	Upon the fake message on WhatsApp; 2 men were beaten to death in Aurangabad.
9.	28^th, MAY	ANDHRA PRADESH	Over 500 people lynched a transgender on the suspicion of being a child-lifter.
10.	25^th, MAY	KARNATAKA	A 26-year-old man was lynched on the suspicion of being involved in child lifter activities.
11.	24^th, MAY	TELANGANA	Two cases were reported in Telangana (Nizamabad &Yadadri District) they were killed by the mob on the suspicion of kidnapping.
12.	10-11^th, MAY	TAMIL NADU	Two cases were reported in Tamil Nadu. Where on the first incident the man was beaten to death and thereafter, he was hanged from a bridge in Pulicat upon suspicion of being involved in child-lifter and in the second incident; a 60-year-old woman in Tiruvannamalai District because she was giving foreign chocolates.
13.	16^th, APRIL	MAHARASHTRA	In Palghar District (Gadchinchale, Village); the villager suspected the Guru to be involved in the kidnapping of children. They pulled out the Guru and beat him to death.

Conclusion

Mob lynching is a serious act that requires quick stoppage. The act of Mob lynching is not constitutionally valid and it’s like taking the sight of the Judge in the hands and considering themselves as the lordship to serve Justice. We are living in the 21^st century and utter faith is there on the Judiciary but I don’t think that this heinous and barbaric act of lynching by the mob is something to be proud of. Although the Protection of Lynching Act has been passed in the year 2017 I don’t see any change. Still, mobs are considering them to be the serving tool and which needs to be stopped.

We are no one to state anyone as a criminal. To protect and maintain peace and harmony in the society the need for the law was felt and came into existence but if the situation remains the same then the law I just an ideology that remains still and the Judiciary is just a statute.

Therefore, as per me, everyone has their role to play so we should do our task and let Judiciary do their task.

References

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