What is Mob Lynching?
Throughout the 19th and 20th centuries, white people use the control of the African American people through the use of violence. Those African American citizens who were believed to be a committed crime were assaulted, which was called Lynching. Informal punishment is given by a crowd who doesn’t have any legal authority to do so. Many times Lynching occurs because of crowd believes that the person has committed crime even they have been convicted or not. An example of lynching is extreme punishment or execution performed in public. Lynching is different from other punishment as it is carried out by mob without any lawful justification as there is no order by the judge, it is kind of mob justice in which common citizen come together to punish someone whom they zee as has violated the law, moral standard or social standard of society.
Black law dictionary defines the term Lynching as “Action of unofficial person, organized bands or mobs, who seize persons charged with or suspected of crimes or take them out of the custody of the law and inflict summary punishment upon them without any legal trial, and without the warrant or authority of law”
In India lynching has been reflecting the tension of ethnic communities, sometimes it’s onto accused or suspicious convicts. An example of 2006 can be noted here that is “Kherlanji massacre” where four members of Dalit caste were slaughtered by kunbi caste. Although it was taken as upper-class violence against the lower class later on it was considered as Lynching. There have been various incidents of mob lynching in India in relation to cow vigilante mainly involving Hindu mob Lynching Indian Muslims. In the past year, many lynching incidents took place where the accused was assaulted by a mob while undergoing a trial. Last lynching incident was in July 2019 where three men were beaten to death on a minor case of theft of cattle and in June 2019 a Muslim man named Tabrez Ansari was beaten to death and forced by Hindu mob to chant *Jai Shree Ram*
Protection From Lynching Bill, 2019
Rajasthan government has taken a major step in the favour of victims of mob lynching. On 6 August 2019 Rajasthan state legislative assembly passed the Rajasthan protection from Lynching bill, 2019. The minister of parliamentary affairs Mr.ShantiDhariwal introduced the bill in the state assembly. The motive of the bill or the bill aims at providing stricter punishment to put a restrain in any such lynching incident which goes against the rules and regulations or law and order of the state. Manipur is the first state to pass such law in the addition to other offenses under the Indian penal code (IPC) and after that Rajasthan is the second state which embraced this bill. Supreme court has not only broadened the scope of punishment, criminalizing the lynching act but has also provided relief, legal aid, compensation, and rehabilitation. The bill defines lynching as an act or series of an act, abetting someone or doing or attempting the act of violence by two or more person on the basis of or on the grounds of (caste, creed, color, sex, religion, political topic, ethnicity) though the content has been widely broadened but it does not include the cases of solitary offenses.
Prominently the bill directs the police officers and district magistrate to take such measures so that the incidents of lynching can be prevented. However, unlike the law of lynching of Manipur, it does not prescribe any penalty or punishment for negligence in duty. Further the bill may require legal scrutiny as the section 8 ( c ) of bill says ‘Whosoever commits an act of lynching where the act leads to death of the victim shall be punished with rigorous life imprisonment and fine not less than 1 Lakh and which may extend 5 Lakh, this provision completely deprives judiciary of any amount of discretion. For conceiving a conspiracy of lynching or aiding, abetting or attempting of lynching punishment is same as the punishment of the offenders. This section needs to legally scrutinize legally as there is a difference between the person who has attempted and who has done the offence. Foremost things or feature of this bill is that it binds the officials of the state to prevent and take action against the people indulging in such incidents which deviates Lynching. This bill is said to be a prominent thing for the state as Mr Shantidhariwal concluded that the bill is introduced to ensure that the incidents of mob lynching are not repeated in the state. As after 2014 86% are cases of mob lynching are reported in the country are happening in Rajasthan. The state is considered a peaceful state and such incidents have put a blot on it.
What We Can Do Against Mob Lynching?
The integral part of Lynching is a mob or a large amount of crowd and the crowd is made by us only, people like us only with different mentality get to indulge in or become a part of mob lynching. To stop lynching or to prevent it we should come together and take some preventive measures. The foremost preventive measure is registering FIR, broadly speaking we should not attempt anything which does not has any lawful justification, if we have a belief of anyone’s involving in any crime then we should register FIR against him or her.
To set a serious example in cases of mob lynching, the trial court shall award a maximum sentence so that it sets an example for the crowd.
I tried to look into cases of mob Lynching in which FIR was registered and arrest was done. In that famous case, Junaid khan lynching case the FIR was registered and the arrest of accused was made. At least this era is not like 1990s congress era when 7 lakhs Kashmiri pandits were assaulted and kicked out of Kashmir and no FIR and no arrest took place.
I would like to conclude by saying that use our legal system to assault the offenders and criminals rather than getting involved in any lynching incident.