Mob Lynching | 18 Feb 2025

Source: HT 

Why in News?

The Supreme Court has declined to issue nationwide directives for uniform compensation and monitoring of mob lynching and cow vigilantism cases, citing feasibility concerns.  

• However, it reaffirmed that its 2018 2018 Tehseen Poonawalla guidelines remain binding on all states under Article 141 of the Constitution. 

What is Mob Lynching? 

• About: 
  • Mob Lynching is a collective violence where a group unlawfully punishes individuals based on perceived wrongdoing, bypassing legal procedures. 
  • Cow Vigilantism is a violence in the name of cow protection, threatening secularism and social harmony, often driven by suspicion. 
• Causes of Mob Lynching: 
  • Perceived Threat to Culture or Identity: Lynching occurs when individuals or groups are seen as threatening cultural, religious, or traditional values. 
    • Common triggers include inter-caste/inter-religious relationships, food habits, or customs perceived as challenging societal norms. 
  • Rumors: Fake news and rumors, often spread via social media and word of mouth, can incite mob violence. 
  • Socio-Political Tensions: Tensions from land disputes, resource competition, and economic disparities can escalate into violence, often exploited for political gains. 
  • Communal Divisions: Historical religious, ethnic, or communal tensions often act as catalysts for lynching incidents. 
  • Moral Vigilantism: Self-proclaimed groups enforce their interpretation of social norms through violence, targeting individuals they consider violators. 

What are the Legal Provisions Related to Mob Lynching in India? 

• Bhartiya Nyaya Sanhita (BNS), 2023: 
  • Section 103(2): Mob Lynching as Murder 
    • When a group of 5 or more persons acting in concert commits murder on grounds like race, caste, community, sex, place of birth, language, or personal belief. 
    • Punishment: Death penalty or life imprisonment along with a fine. 
  • Section 117(4): Grievous Hurt by a Mob 
    • When a group of 5 or more persons acting in concert causes grievous hurt on similar discriminatory grounds. 
    • Punishment: Imprisonment up to 7 years and fine. 
• SC Directions in Tehseen Poonawalla Case, 2018: 
  • SC strongly condemned mob violence, stating that no individual or group can take the law into their own hands.  
    • The Court warned that unchecked lynching could become "the new normal" and emphasized that mob justice has no place in a civilized society. 
    • It stated that the state has a duty to protect citizens and prevent targeted violence. 
    • It cited American legal precedents to reinforce that mob justice undermines the rule of law. 
  • SC Directions for Mob Lynching: 
    • Strict Action Against Incitement:  Automatic FIRs under IPC Section 153A (section 196 in BNS) (promoting enmity between different groups) for those spreading hate speech or fake news. 
    • Preventive Measures: States to appoint a senior police officer as a nodal officer in each district. 
      • Identify vulnerable areas and increase police patrolling. 
      • Social media platforms must curb hate speech and fake news. 
    • Punitive and Remedial Measures: Fast-track courts in every district to resolve cases within 6 months. 
      • Strict punishment, including life imprisonment, for lynching crimes. 
      • Disciplinary action against negligent officials. 
    • Victim Compensation: States to develop a compensation scheme based on injury severity, livelihood loss, and medical expenses. 
    • Accountability of Officials: Action against officials failing to prevent lynching. 
    • Monitoring and Legislative Measures: States must submit periodic reports on mob lynching incidents. 
      • Parliament urged to enact a national anti-lynching law (pending), though Rajasthan and Manipur have enacted state laws. 

What are the Challenges in Tackling Mob Lynching? 

• Legal Gaps and Weak Enforcement: India lacks a specific anti-lynching law, leading to inconsistent action against such crimes. Though the SC has set guidelines to prevent mob violence, enforcement remains weak.  
• Communal Targeting and Bias: Lynching incidents disproportionately affect weaker communities. This deepens communal divisions and raises concerns about systemic discrimination and biased law enforcement. 
• Data Deficiency and Policy Gaps: The NCRB stopped recording separate data on mob lynching and hate crimes after 2017, making it hard to gauge the extent of the issue leading to challenges in formulating effective measures to prevent such violence. 
• Social Media & Misinformation: Fake news and inflammatory content on digital platforms incite violence, making regulation and accountability difficult. 

Way Forward 

• National Legislation: A dedicated anti-lynching law with stringent penalties and swift trials is essential for uniformity and deterrence. 
• Stronger Law Enforcement & Judiciary: Police reforms must ensure accountability in preventing and responding to mob violence.  
• Special investigation teams (SITs) and fast-track courts should be established to ensure speedy trials and justice for victims. 
• Public Awareness & Media: Government and civil society must counter mob violence through awareness, ethical journalism, and curbing misinformation. 
• Tech Regulation & Cybersecurity: Strengthen digital monitoring, curb hate speech, and hold social media accountable while promoting digital literacy. 
• Community Engagement: Address socio-economic disparities, promote interfaith dialogue, and establish grievance redressal to curb mob violence.