Mob violence and lynchings
Mob lynching is a form of collective violence in which a group of people attacks and kills a person or a group of people, often based on their identity, beliefs, or actions.
Reasons behind mob lynching in India:
Communal hatred and religious intolerance, often fueled by rumours, fake news, or hate speech.
Cow slaughter, beef consumption, conversion, blasphemy.
Some cases of mob lynching are driven by caste prejudice or resentment.
The victims are often accused of violating caste norms, such as inter-caste marriage, land disputes, or social mobility.
Impacts of mob lynching:
Mob lynching violates the human rights and dignity of the victims and their families.
It creates a climate of fear and insecurity among the vulnerable groups.
It undermines the rule of law and democracy.
It erodes the social fabric and harmony.
It hampers economic development and progress.
The Supreme Court’s Guidelines
Tehseen S. Poonawalla vs Union Of India (2018) - the SC had held that it is the duty of the Union and State governments to take steps to curb dissemination of “irresponsible and explosive messages and videos having content which is likely to incite mob violence and lynching of any kind”.
The guidelines include preventive, remedial, and punitive measures, such as identifying vulnerable areas, deploying police patrols, registering FIRs, ensuring speedy trials, providing compensation and protection to victims and witnesses, and imposing strict punishment on the perpetrators.
SC orders states to designate officer of SP rank as nodal officer in each district to prevent mob violence.
Police, district admin's failure to comply with SC's directions will be deemed deliberate negligence.
Centre, states to broadcast radio, TV and online messages warning that lynching and mob violence shall invite serious consequences.
FIR must against persons spreading such fake/ irresponsible messages, videos.
States to draw up compensation scheme for lynching with provision for interim relief to victim(s)/next of kin within 30 days.
Lynching cases to be tried by fast-track courts in each district and preferably concluded in 6 months.
The judgment had directed States to form Special Task Forces to collect intelligence on likely incidents of hate speeches, mob violence and lynchings in districts.
The judgment had made it clearly the duty of the Central and State governments to take steps to stop the dissemination of explosive messages, videos, etc., which have a “tendency to incite mob violence and lynching of any kind”.
Challenges
Lack of a clear and comprehensive legal definition of mob lynching and its various forms and causes.
The existing laws, such as the Indian Penal Code, the Code of Criminal Procedure and the Protection of Human Rights Act, are not sufficient to deal with the complexity and gravity of mob lynching incidents.
Inadequate implementation and enforcement of existing laws and guidelines by the police and the judiciary, often due to political interference, communal bias or fear of reprisal from the mob.
Delay in investigation, prosecution and trial, low conviction rate, lenient punishment and lack of witness protection.
Spread of fake news, misinformation and hate speech.
Lack of awareness and education.
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