Comprehensive Overview of Mob Lynching in India

What is Mob Lynching?

Mob lynching refers to the unlawful killing or assault of an individual by a large group of people who take the law into their own hands. This phenomenon often arises from communal, caste-based, or ideological biases and can sometimes be connected to vigilantism, particularly cow vigilantism. The absence of immediate legal repercussions often emboldens perpetrators, making mob violence a significant threat to social harmony and the rule of law.

Legal Provisions Against Mob Lynching

• Indian Penal Code (IPC) & Bharatiya Nyaya Sanhita (BNS)
  • Previously, mob lynching was not identified as a specific offense under the IPC. However, with the introduction of the Bharatiya Nyaya Sanhita (BNS) set for implementation in July 2024, mob lynching is now categorized as a penal offense, potentially punishable by life imprisonment or even the death penalty if motivated by factors such as race, caste, religion, language, or personal belief.
  • Section 153A of the IPC (now encompassed in BNS) criminalizes acts that incite enmity between different groups based on religion, race, or language, thus extending its applicability to incidents of mob violence.
• Tehseen Poonawalla Case (2018)
  • The Supreme Court, in the landmark Tehseen Poonawalla v. Union of India case, established guidelines aimed at curbing mob lynching. These guidelines include:
  • Appointment of nodal officers in every state to monitor and prevent such incidents.
  • Fast-tracked investigations and automatic FIR registration under relevant laws.
  • State compensation schemes for victims of mob violence.
  • Strict action against officials who fail to prevent lynching incidents.

Supreme Court’s Recent Verdict (2024)

The Supreme Court recently declined to issue nationwide directives for uniform compensation and monitoring of mob lynching cases, emphasizing a few key points:

• The 2018 Tehseen Poonawalla judgment is already binding on all states under Article 141 of the Constitution, mandating that Supreme Court rulings are binding on all courts and authorities in India.
• Enforcement should be managed by state jurisdictional high courts, rather than engaging the apex court in micromanagement.
• State governments must be held accountable for non-compliance, rather than seeking new directives from the Supreme Court.

Article 141 of the Indian Constitution

Article 141 states that the law declared by the Supreme Court is binding on all courts in India. This means that once a judgment is issued, it is automatically applicable nationwide, eliminating the need for separate directives for enforcement.

Implications of the Judgment

• State Responsibility: With mob lynching now recognized as a specific offense under BNS, states are obligated to implement rigorous legal measures to prevent such acts.
• Role of High Courts: Complaints regarding non-compliance with the Tehseen Poonawalla guidelines should be directed to state jurisdictional high courts.
• Legal Recourse: If a state grants excessive powers to vigilante groups under the guise of cow protection, such notifications can be legally contested in high courts.

Conclusion

While the Supreme Court has reaffirmed its 2018 guidelines, the effective implementation of these measures lies with state governments. The classification of mob lynching as a distinct offense under BNS enhances legal deterrence; however, the willpower of administrative authorities is vital in preventing such incidents.

Frequently Asked Questions (FAQs)

Q1. What constitutes mob lynching in India?
Answer: Mob lynching is the unlawful killing or assault of an individual by a group, often motivated by communal, caste, or ideological biases.

Q2. What legal changes address mob lynching?
Answer: The introduction of the Bharatiya Nyaya Sanhita recognizes mob lynching as a specific offense, punishable by severe penalties, including life imprisonment.

Q3. What was the significance of the Tehseen Poonawalla case?
Answer: The Tehseen Poonawalla case established guidelines for preventing mob lynching, including the appointment of nodal officers and fast-tracked investigations.

Q4. How does Article 141 impact mob lynching laws?
Answer: Article 141 mandates that Supreme Court rulings are binding on all courts, ensuring nationwide applicability of laws against mob lynching.

Q5. What role do state governments play in preventing mob lynching?
Answer: State governments are responsible for implementing legal measures and ensuring compliance with guidelines to prevent mob lynching incidents.

UPSC Practice MCQs

Question 1: What is the primary focus of the Bharatiya Nyaya Sanhita regarding mob lynching?
A) To define mob lynching as a specific offense
B) To increase penalties for all crimes
C) To eliminate the death penalty
D) To create new laws for communal harmony
Correct Answer: A

Question 2: Which case established guidelines to curb mob lynching in India?
A) Kesavananda Bharati case
B) Tehseen Poonawalla v. Union of India
C) Vishaka v. State of Rajasthan
D) Maneka Gandhi v. Union of India
Correct Answer: B