CRIMINALIZATION OF MOB LYNCHING: LEGAL RESPONSES

This article is written by Samriddha Ray of 3^rd Year of St Xavier’s University, Kolkata, an intern under Legal Vidhiya

Abstract

Mob lynching—a violent, collective, and often extrajudicial act—has emerged as a serious threat to the rule of law and constitutional morality in India. While the Indian Penal Code (IPC), 1860, addresses murder and unlawful assembly, there is no specific law that directly criminalizes mob lynching as a distinct offence. This article examines the growing menace of mob lynching, evaluates judicial and legislative responses, and proposes a comprehensive legal framework. It further analyses constitutional principles, international obligations, and the need for uniform anti-lynching legislation in India.

Keywords

Health law compliance, Risk management, Patient rights protection, Regulatory advisory, medical ethics oversight, Data privacy in healthcare, Contractual review, Malpractice prevention.

Introduction

Mob lynching refers to the act of a group of individuals committing violence, often resulting in the death of a person, under the pretext of justice, morality, or social order. In India, such incidents have been increasingly reported, often driven by religious intolerance, caste-based hatred, and misinformation. Despite repeated calls for reform, the absence of specific legislation allows perpetrators to exploit legal loopholes

Understanding Mob Lynching

Lynching is not defined under any Indian statute, but it is broadly understood as “extrajudicial killing by a group.” It is distinct from individual murder due to its mob character, social motivation, and often communal undertones. The key features of mob lynching include:

1. Collective violence: Perpetrated by an unlawful assembly acting with a common intention.
2. Prejudiced motive: Frequently fuelled by caste, religion, or rumour (e.g., cow slaughter or child abduction).
3. Breakdown of law and order: Reflects state failure to prevent vigilante justice.
4. Public spectacle: Often filmed and shared on social media, adding to psychological impact and societal fear.

Current Legal Provisions under IPC

The Indian Penal Code, 1860, does not explicitly mention “mob lynching” but contains provisions which can be applied in such cases:

• Section 302: Punishment for murder.
• Section 147-149: Punishment for rioting and unlawful assembly.
• Section 120B: Criminal conspiracy.
• Section 295A: Malicious acts intended to outrage religious feelings.

As observed by the Supreme Court in Tehseen S. Poonawalla v. Union of India, lynching is a “horrendous act of mobocracy” that requires a distinct legal response. ¹

Judicial Response to Mob Lynching

The judiciary has taken a proactive stance against mob lynching in the absence of legislative clarity. The landmark judgment in Tehseen S. Poonawalla v. Union of India (2018) [1]was pivotal in framing guidelines to prevent lynching:

• Establishment of fast-track courts for lynching cases.
• Provision for victim compensation.
• Preventive measures such as patrolling in sensitive areas and regulation of social media.

The Court urged the Parliament to enact a special law to criminalize lynching, terming it a “sinister form of contemporary barbarism.”

Despite this, the guidelines remain weakly implemented, and no central law has been enacted so far.

State-Level Legislative Efforts

A few Indian states have taken the initiative to pass anti-lynching laws:

1. [2]Manipur: The Manipur Government passed the Manipur Protection from Mob Violence Act, 2018, which criminalizes mob violence and provides for life imprisonment in case of death.
2. [3]Rajasthan: The Rajasthan Protection from Lynching Act, 2019 defines lynching, sets up special courts, and prescribes stringent punishments.
3. [4]West Bengal: The West Bengal (Prevention of Lynching) Bill, 2019 includes provisions for death or life imprisonment in fatal lynching cases.

However, these state laws face constitutional challenges as criminal law is part of the Concurrent List under Schedule VII of the Constitution. The absence of a central law leads to uneven application across states and limited deterrence.

Mob Lynching and Constitutional Values

Mob lynching directly infringes on the fundamental rights guaranteed under Part III of the [5]Indian Constitution:

• Article 14: Right to equality before the law is violated when victims are selectively targeted due to their identity.
• Article 15: Discrimination on the basis of religion or caste often fuels such attacks.
• Article 21: Right to life and personal liberty is nullified by extrajudicial killings.

In [6]Shakti Vahini v. Union of India (2018), the Supreme Court held that honour killings and other forms of collective violence are against constitutional morality and must be curtailed through proactive legal mechanisms. ³

[7]International Human Rights Perspective

Mob lynching violates multiple international human rights obligations, to which India is a signatory:

• [8]Universal Declaration of Human Rights (1948): Article 3 ensures the right to life, liberty, and security of person.
• [9]International Covenant on Civil and Political Rights (ICCPR): Articles 6 and 9 prohibit arbitrary deprivation of life and unlawful detention.

India, as a responsible member of the international community, must comply with these obligations through legislative action.

Need for Central Legislation

The gravity and increasing frequency of mob lynching incidents necessitate a dedicated central law. Such legislation should include:

1. Definition of lynching: Clearly distinguishing it from murder, with collective intent and prejudice as core elements.
2. Punitive provisions: Enhanced punishments, including life imprisonment, to deter perpetrators.
3. Accountability of public officials: Penal provisions for dereliction of duty by police or administrative officers.
4. Victim and witness protection: Ensuring safety and anonymity of complainants and key witnesses.
5. Time-bound trial: Special fast-track courts and clear timelines for investigation and prosecution.
6. Monitoring authority: A national commission to track lynching incidents and coordinate with states.

Recommendations for Reform

To effectively address mob lynching, the following reforms are recommended:

• Parliamentary legislation: A comprehensive anti-lynching law should be introduced and passed in Parliament without delay.
• Data collection and reporting: The National Crime Records Bureau (NCRB) must maintain separate data on lynching to assess patterns and ensure transparency.
• Police reform: Enhanced training, accountability mechanisms, and community policing are essential to prevent mob violence.
• Public awareness: Campaigns to promote constitutional values, tolerance, and legal literacy are vital to counter mob mentality.
• Social media regulation: Stricter norms to prevent the spread of fake news and hate speech, which often instigate lynch mobs.

Conclusion

Mob lynching is not just a law-and-order problem but a grave constitutional and societal crisis. Despite the judiciary’s emphatic interventions and state-level efforts, the absence of a central law undermines the effectiveness of the legal response. The need of the hour is a uniform, dedicated anti-lynching legislation that not only punishes the offenders but also addresses the socio-political factors that breed such violence. A legal vacuum in this area amounts to the state’s tacit complicity in eroding the rule of law.

References

1. Tehseen S. Poonawalla v. Union of India, (2018) 9 SCC 501.
2. Indian Penal Code, 1860.
3. Shakti Vahini v. Union of India, (2018) 7 SCC 192.
4. Universal Declaration of Human Rights, 1948, art. 3.
5. International Covenant on Civil and Political Rights, art. 6, 9, Dec. 16, 1966, 999 U.N.T.S. 171.
6. Manipur Protection from Mob Violence Act, 2018.
7. Rajasthan Protection from Lynching Act, 2019.
8. West Bengal (Prevention of Lynching) Bill, 2019.
9. Constitution of India, arts. 14, 15, 21.
10. United Nations Human Rights Council, “Combating Hate Speech,” A/HRC/47/25, 2021

[1] Tehseen S. Poonawalla v. Union of India, (2018) 9 SCC 501.

[2] Manipur Protection from Mob Violence Act, 2018.

[3] Rajasthan Protection from Lynching Act, 2019.

[4] West Bengal (Prevention of Lynching) Bill, 2019.

[5] Constitution of India, arts. 14, 15, 21.

[6] Shakti Vahini v. Union of India, (2018) 7 SCC 192.

[7] United Nations Human Rights Council, “Combating Hate Speech,” A/HRC/47/25, 2021

[8] Universal Declaration of Human Rights, 1948, art. 3.

[9] International Covenant on Civil and Political Rights, art. 6, 9, Dec. 16, 1966, 999 U.N.T.S. 171.

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