MOB LYNCHING IN INDIA

Mob Lynching is that illegal activity done by the crowd of people who turn aggressive
and kill an individual on the assumption that he is a criminal and held him guilty
without any legal trial. Currently, 24 persons killed in Mob attacks in 2018, analysis
shows incidents rose 4.5-fold since 2017. Jharkhand have highest death toll of mob
lynching as per NCRB data.

Behind such “horrendous act of mobocracy” as said by Chief Justice Dipak Mishra,
which has no specific law there is the clear pattern of reason, social media has a great
role to play in this it is turning out to be a true serial killer that could not be put behind
bars. A trail of rumors spreading the fire on various popular social sites such as
Whatsapp, Facebook, twitter, and Instagram has created really an adverse influence
on the youngsters as many uneducated youth who were supposed to have books in
their hands hold mobile phones and some really disgusting contents in it. Since acting
in such a manner social media has turned out to be an anti-social media now days.
When real life and virtual reality is merged then the result is terrific.

It has been said rightly for this hi-tech loving people: Blood, gore and murder no
longer seem to evoke revulsion and horror. They can be simply scrolled away.Vote
bank and political interests are those two petty things for which politicians crave for,
these politicians use the unemployed youths as weapon for their selfish interests.
Sadly, today’s politicians seem to enact the current dualities that haunt Indian life and
politics. The opposition on one hand blame government against mob lynching while
on the other hand they persuade unemployed youth in name of cow vigilantism
intermingling it with the religion.

Recently while I was surfing the news account I witnessed the headline “Hindustaan
turning into Lynchistaan” this title strike deep down my heart, such title does nothing
except abrogating the name and unity of the country only for the sake of TRP.
The government in Rajya Sabha said that, there is no common pattern on mob
lynching, there are different political dispensations that fluctuates this national crime.
Currently there is no present codified law against lynching; however sections of IPC,
CrPC, Evidence act are adjusted for this matter.

Section 302 of IPC deals with murder, section 307 IPC deals with attempt to murder,
section 323 IPC deals with causing voluntarily hurt, section 223 of CrPC deals with
people charged together for committing same offence in the same course of
transaction. Thus the clause of mob lynching will be also included in the
abovementioned sections.

Recent cases of Mob Lynching:

Recently, on 19th July, in the eastern Bihar a mob beat to death three men suspected
of trying to steal cattle. Similarly on June 26th Tabrez Ansari's father, Maskoor
Ansari was also killed by the mob in a way similar to his son, fifteen years ago, he
was caught by the mob while committing theft and was lynched. Recently, on 27th
July 27, 2019 a juvenile of 14 years has been lynched by the mob, he was caught
while committing theft in Ashoknagar, Delhi. West Bengal President Dilip Ghosh on
Wednesday alleged that maximum people are being lynched at West Bengal for Jai
Shree Ram chants.

Guidelines issued by Supreme Court to put curb on the mob violence:

 Supreme Court has directed state to appoint officer of SP rank and other nodal
officer in order to put curb on the mob violence.
 Directions have been issued to Center and state to broadcast on television,
radio and online a warning that mob violence and mob lynching may end up
calling serious consequences.
  First Information Report should be filed against the person who spreads fake
videos and fake messages.

# Police administration and district administration who fails to comply with the
Supreme Court guidelines will be deemed deliberate negligence and an action will be
taken against them.

# State to draw up compensation scheme to provide interim relief to the victim of

lynching/ next to kin, within 30 days.

# Cases of lynching to be tried by the fast track court and shall be concluded within 6
months.

Government’s stand:

Government has taken steps to put restriction on this rising national crime, High level
committee headed by Rajiv Gauba, Home Secretary was constituted, secondly, the
central government constituted a panel headed by the Home Minister, to submit its
report to Prime Minister as per the guidelines of the Supreme Court.

While the other steps taken are:

# Whatsapp forwarding message has been restricted to only five chats, in order to stop
the fake rumors to get spread so easily and fast.

# MASUKA (Manav Suraksha Kanoon) a draft report proposed by national campaign

against mob lynching.

# Not in my name campaign, a campaign to raise awareness.

Government also favored an amendment to existing laws instead of bringing a new

law. Provisions could be by including a sub sections in various sections of IPC, CrPC
and Evidence Act etc.to provide a harsher punishment.
Conclusion and Suggestions:

Such as there is no existence of good crime and bad crime, similarly there is no
existence of good mob lynching and bad mob lynching. The crowd is of general
perception that if judiciary and police administration cannot provide them justice, they
should own it by themselves even the person has committed the minor offence such as
theft. This clearly shows that people in country have lost their trust on law and order.

According to my suggestion, instead of introducing various sub sections in the bare

acts of the country, this national offence should be dealt in the existing sections, and
the current administration should focus more on reviving the lost trust and faith of the
people on this judiciary and police system.

Moreover not only Whatsapp, but also other social sites should be under the
supervision regularly, so that such fake messages and video can be stopped from
being circulated at such a vast social platform. Investigation of such cases should be
done without politicization of the issues, which will be more helpful.

For the past 18 years, India has been witnesses an unusual increase in crime related to
mob violence, in the name of religion, kidnapping etc. Though, the epidemic spread in
the form of vigilant against cow slaughter, later in spread to kidnapping and other
sorts of crimes. According to unofficial estimates around 120 people have killed
through the country.

What is a mob violence?

Lynching, a form of violence in which a mob, under the pretext of administering

justice without trial, executes a presumed offender, often after inflicting torture and
corporal mutilation. The term lynch law refers to a self-constituted court that imposes
sentence on a person without due process of law.
What are the reasons?

Rise of cow vigilante

Even since, Government imposed a ban on the sale and purchase of cattle for
slaughter at animal markets across India, under Prevention of Cruelty to Animals
statutes (26th May 2017), it sparked a new wave of cow vigilante in the country.
Though the Supreme Court, suspended the ban on the sale of cattle in its judgment in
July 2017, giving relief to the multi-billion dollar beef and leather industries and
several states where beef is one among the primary foods there was a rise in attacks
on Muslims accusing them as beef eaters. Several dozen innocent Muslims were
killed in such mob attack. But human rights experts fee mob lynching is not a right
and the apt term description of such violence, they seek to highlight the organisations
or group of vicious individuals who are instigating such incidents. These incidents are
usually appearing to be sporadic in nature and often a spontaneous response from the
Hindus who are generally furious over the reports of cow smuggling and slaughter.
But mostly it is not.

Silence of political class

Despite the rising mob violence, the political class and bureaucracy continued remain
a silent spectator. The human rights observers, feel political class in behind the rise
mob lynching since most of the people who are ruling the country retained or captured
the power through political system which aggressive and violent. Besides, they have
built their political career propagating violence against minorities, where the mobs
feel empowered and strong. The political class, apart from their customary
condemnation, they avoid visiting the victims or their surviving families.

Rumours of child lifters

Rumours of child kidnappers proved to an ignition point for mob violence, where
WhatsApp posts were circulated Odisha, Tamilnadu, Gujarat, Karnataka, Telangana,
Tripura and West Bengal. This claimed several lives on domestic visitors, mentally
deranged peoples and incited numerous mob attacks. According to various reports, at
least 20 persons have been killed and several injured in incidents of mob violence
sparked by rumours of child kidnapping in 10 states for the past three months. Lack of
proper policing

The incidents of mob violence, sparked by rumours about child lifters are totally
connected lack of public confidence in the police. Common man feels police lack the
ability to track down the criminals and recover the kidnapped children. According to
home ministry figures, 54,723 child kidnapping cases (2016), 41,893 cases (2015),
37,854 cases (2014).It was found that the police filed charges against the kidnappers
in only 40 per cent cases in 2016 and around 23 per cent of the cases decided in 2016.
Practically speaking around three out of four people put to trial for child kidnapping
walked free. Besides, state governments should be vigilante and try to prevent mob
violence triggered by rumours. One way could be to keep detect rumours circulating
on social media in their respective areas well before the public vents its anger and
frustration at the innocent individuals.

Government initiatives

A)Creation of nodal officers

Central government on its part has asked states to appoint a nodal officer in each
district to prevent the incidents of mob violence and lynching. In its advisory, the
Home Ministry said, the nodal officer should be of superintendent of police-level
officer. It has also asked to set up a special task force to procure intelligence reports
about the people who are likely to commit such crimes or who are involved in
spreading hate speeches, provocative statements and fake news. Home Ministry said,
the process of identification should be done within a period of three weeks. The
Ministry said, wherever it is found that a police officer or an officer of the district
administration has failed to comply the directions to prevent such crime of mob
violence and lynching, it should be considered as an act of deliberate negligence and
misconduct and strong action must be taken against the official concerned. The
advisory has been sent to the states and Union territories following a Supreme Court
directive issued in this regard on 17th of this month.

Home Ministry asked state governments to implement the directions of the Supreme
Court in letter and spirit. The Ministry said, police should register FIR against persons
who disseminate irresponsible and explosive messages and videos having content
which is likely to incite mob violence and lynching of any kind.

B) Creation of Two high level committees

Two high-level committees have been constituted by the Central government to

suggest ways and legal framework to effectively deal with incidents of mob violence
and lynching. One of the committees is being headed by Union Home Minister
Rajnath Singh and the other by Union Home Secretary Rajiv Gauba. The move came
a week after the Supreme Court asked the Central government to enact a law to deal
with incidents of lynching and take action on mob violence. The government respects
the recent directions of the Supreme Court on the issue of mob violence and has
issued an advisory to State governments urging them to take effective measures to
prevent incidents of mob violence and lynching, and take stringent action as per the
law. In order to formulate appropriate measures to address the situation, the
government has set up a high-level committee chaired by Union Home Secretary
Gauba to deliberate upon the matter and make recommendations. The Secretaries of
the justice, legal affairs, legislative, and social justice and empowerment departments
are members of the committee. The committee will submit its recommendations to the
government within four weeks. The government has also decided to constitute a
Group of Ministers (GoM) headed by Home Minister Singh to consider the
recommendations of the high-level committee of the Secretaries. External Affairs
Minister Sushma Swaraj, Road Transport Minister Nitin Gadkari, Law Minister Ravi
Shankar Prasad and Social Justice and Empowerment Minister Thawar Chand Gehlot
are members of the GoM. The GoM will submit its recommendations to Prime
Minister Narendra Modi.

Mob lynchings are on the rise in the country. Any crowd can beat up anyone to death
and in most cases there is no redressal for the victims’ kin. A law and order crisis is at
its peak. The recent letter by some prominent personalities to PM Modi, complaining
about these lynchings, has been making the news.

In the past, Prime Minister Modi had warned anti-social elements responsible for such
lynchings, but other than that, he seems to be helpless in such matters. Is it because
the Central government wants to steer away from the matters of law and order of a
state? The central government has often insisted (for other matters) that law and order
is the state’s concern. But, is that really true? Is the government with such a huge
majority really incapable of handle a such a pressing concern? Or, it is only an excuse
to to steer clear of these allegations?

Before moving ahead, let’s read what Article 256 of the constitution say:

The executive power of every State shall be so exercised as to ensure compliance with
the laws made by Parliament and any existing laws which apply in that State, and the
executive power of the Union shall extend to the giving of such directions to a State
as may appear to the Government of India to be necessary for that purpose

What does this article say? It empowers the centre to provide any strict instructions to
states regarding the compliance of any parliamentary or assembly laws as may appear
to be necessary. Center can make states take actions according to the law on some
critical issues. In July, 2018, the then CJI, Deepak Misra, asked the Central
government to frame a scheme under Article 256 to give directions to the States to
prevent the instances of lynching and maintain law and order.

Then why is the centre not using this Constitutional power of giving directives to
states on such matters? The Parliament only needs to pass an anti-lynching law which
is easy for this government with such a huge majority. The states will be then bound
to obey the law, considering they aren’t doing anything yet. On the other hand, BJP
has governments in the majority of states, so it’s really not so much of a problem.

I have not seen any significant step by the centre towards this crisis. No official
directive has been sent to any state by the centre on this. The government is in a hurry
to get the RTI amendment bill passed but doesn’t have time to look after this national
issue. PM Modi has a great influence on people; through his speeches he can
vehemently condemn these horrifying acts. But no strong campaign has been started.
Despite the Supreme Court’s guidelines to states to frame an anti-lynching law, no
state, except Manipur, has passed it, including BJP ruled states.

Also read: Rumours, Religious Beliefs And Fake News Are Fuelling Violence
Against Non-Hindus

Article 256 is not being not being talked about in the media either, which signifies the
power the centre has. It’s all about the political will, otherwise there is no justification
for such indifference by the government in such a grave matter.

Tabrej Ansari, a young man of 24 years, accused of theft was killed by a blood thirsty
mob in Jharkhand last week. It is deeply painful how as a society this feeling of "us"
versus them has penetrated among us. The system is encouraging this by refusing to
act..

Mob Lynching

Whether Tabrez had stolen the motorcycle or not is immaterial here. No one, save the
state under a due process of law, has the authority to kill him. When mobs dispense
justice, then the society starts sliding towards anarchy, chaos and lawlessness. In this
condition, we will not need an enemy to defeat us, we will be our own enemy.
We have an enlightened and written Constitution in the country, which should be
followed by everyone. Even the Prime Minister said in his speech in Parliament,
where he bowed before the Constitution, that it should be considered as the ultimate
authority in India. However, the political class does not want to educate the people
about the need to follow the Constitution and the law because a majority of the
lawmakers have criminal cases against them. This lawlessness and brazen disregard
for constitutional provisions has happened because these lawmakers have encouraged
this anarchy and chaos to carry out their hate agenda in order to reap the rich harvest
of political gains.

Just a few days back, the 2018 US Report on International Religious Freedom talked
about violence against minorities in India. The External Affairs Ministry rejected it,
saying that India remains a 'secular' country. However, the facts state otherwise.
Tabrez is the 18th case of mob lynching in Jharkhand in the last three years. And yet,
there is no hue and cry, no political protest, not a single word from the IAS or other
civil services association. The parties which espouse the cause of the Dalits and OBCs
under different names are also busy playing the blame games. It is, indeed, sad and
disappointing that when they needed to unite, they are openly displaying opportunism
of the worst kind instead of taking political action against such things.

One does not need to be an extraordinary thinker or analyst to understand that India is
fast becoming the playground for the dominant castes, who are using the bogey of
nationalism to promote their economic interests, aided by a deeply entrenched control
of the political power structure. This is being strengthened daily with the direct entry
of Savarna elite at the higher levels of our civil services.

The lynching of Muslims or Dalits or Adivasis and the direct entry of individuals into
civil services at higher level has one thing is common, namely that the Savarna
hegemony is now complete. In politics, it is being played in the name of nationalism
and violence against Muslims while in the power structure, it is strengthened through
ensuring that reservation becomes redundant. In such a scenario, then, why should the
savarna parties and their association oppose these changes and mob lynching? The
irony and tragedy is those who claim that their rights are being threatened and
Muslims, adivasis are their natural allies, are also quiet. Why is there no political
protest?

Tabrez's killing demonstrates how vulnerable Muslims have become in India under
the fake propaganda.Tabrez fell to hate crime and itis time that we bring a strong law
against Hate Crime. As citizens, we need to protect all and condemn all forms of
violence. We must allow our institutions to work free from political interference, ask
them to act impartially and remain faithful to Constitution of India. Just chest
thumping and comparisons with Pakistan will not take us anywhere. Indian society,
political leaders and socialthinkers need to come out of this Pakistan phobia and think
big.

India is a big nation, with a great history of democratic movement and is a working
example of people of so many diverse faithsliving together peacefully. We need to
retain our India, the India as our constitutional forefathers had visualised. We need an
inclusive India where no Tabrez is punished without getting full opportunity to defend
himself in a due court of law.

We need an India where laws and policies are not selectively used and stated to
humiliate a community and get political benefit. We also need to send strong
guidelines to electronic media how to debate and report such things. Many paid trolls
are vitiating communal harmony by regularly spewing venom against the minorities
in general and Muslims in particular. This must stop. You cannot abuse and doubt our
fellow citizens just because they might not have not voted to your leaders or because
they donot belong to the faith you practice. All citizens, irrespective of their castes
and religious identities, are Indian first and need protection as Indians. I repeat this
because I think the message must go to all. Those who violate the law of the land
must be made accountable and should be brought before the law.

Why should a state like Jharkhand, where the presence of Muslims is so minuscule,
become the lynching ground for Hindutvamobs.The answer lies in simple. The state
goes to polls in the coming months. Modi is not contesting there and the state
government is highly unpopular. In a state, which is essentially related to Adivasi
assertion and identity, BJP imposed a non Adivasiperson. It is now playing a game to
get Adivasi votes because, at the end of the day, it plays identity politics better than
any other party. Fear of Muslims and blaming them for all your failures and non-
implementation of promises has given rich dividend to the party elsewhere.

I hope that, now with this massive mandate, the Central leadership will act and direct
the state government to nottolerate such things. Tabrez needs justice and the coming
days will demonstrate the intentions of the government and how serious it is about
tackling this issue. The supremacy of the constitution should be restored everywhere.
An unambiguous message should be sent to the defaulters and all those who take the
law unto their own handsunder whatever pretext, that they will be dealt with
seriously. India cannot afford to allow its citizens to be lynched by a mob. The day it
becomes a norm, the idea of India will disappear. It is our duty to protect this idea of
India, which has ensured the supremacy of the constitution and kept the country
united.