Supreme Court judgment on lynching and vigilantism
Circle friends, keep raising issues. this important one of mobbing and lynching has been addressed today by Hon'ble Supreme Court. Below summary and attached judgement. I am hoping the social media regulations, whatsapp fake new prevention will also be addressed soon.
It shall be the duty of the central government as well as the state governments to take steps to curb and stop dissemination of irresponsible and explosive messages, videos and other material on various social media platforms which have a tendency to incite mob violence and lynching of any kind.
The police shall cause to register FIR under Section 153A of IPC (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc) and/or other relevant provisions of law against persons who disseminate irresponsible and explosive messages and videos having content which is likely to incite mob violence and lynching of any kind.
The state governments shall prepare a lynching/mob violence victim compensation scheme in the light of the provisions of Section 357A of CrPC within one month from the date of this judgment.
The cases of lynching and mob violence shall be specifically tried by designated court/fast track courts earmarked for that purpose in each district. Such courts shall hold trial of the case on a day to day basis.
To set a stern example in cases of mob violence and lynching, upon conviction of the accused person(s), the trial court must ordinarily award maximum sentence as provided for various offences under the provisions of the IPC.
Wherever it is found that a police officer or an officer of the district administration has failed to comply with the aforesaid directions in order to prevent and/or investigate and/or facilitate expeditious trial of any crime of mob violence and lynching, the same shall be considered as an act of deliberate negligence and/or misconduct for which appropriate action must be taken against him/her and not limited to departmental action under the service rules. The departmental action shall be taken to its logical conclusion preferably within six months by the authority of the first instance.
The states are directed to take disciplinary action against the concerned officials if it is found that (i) such official(s) did not prevent the incident, despite having prior knowledge of it, or (ii) where the incident has already occurred, such official(s) did not promptly apprehend and institute criminal proceedings against the culprits.
It is the duty of the state to ensure that the machinery of law and order functions efficiently and effectively in maintaining peace so as to preserve our quintessentially secular ethos and pluralistic social fabric in a democratic set-up governed by rule of law.
Apart from the directions we have given hereinbefore and what we have expressed, we think it appropriate to recommend to the legislature, that is, the Parliament, to create a separate offence for lynching and provide adequate punishment for the same. We have said so as a special law in this field would instill a sense of fear for law amongst the people who involve themselves in such kinds of activities.
There can be no trace of doubt that fear of law and veneration for the command of law constitute the foundation of a civilized society.
The horrendous acts of mobocracy cannot be permitted to inundate the law of the land. Earnest action and concrete steps have to be taken to protect the citizens from the recurrent pattern of violence which cannot be allowed to become “the new normal”. The State cannot turn a deaf ear to the growing rumblings of its People, since its concern, to quote Woodrow Wilson, “must ring with the voices of the people." more
It shall be the duty of the central government as well as the state governments to take steps to curb and stop dissemination of irresponsible and explosive messages, videos and other material on various social media platforms which have a tendency to incite mob violence and lynching of any kind.
The police shall cause to register FIR under Section 153A of IPC (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc) and/or other relevant provisions of law against persons who disseminate irresponsible and explosive messages and videos having content which is likely to incite mob violence and lynching of any kind.
The state governments shall prepare a lynching/mob violence victim compensation scheme in the light of the provisions of Section 357A of CrPC within one month from the date of this judgment.
The cases of lynching and mob violence shall be specifically tried by designated court/fast track courts earmarked for that purpose in each district. Such courts shall hold trial of the case on a day to day basis.
To set a stern example in cases of mob violence and lynching, upon conviction of the accused person(s), the trial court must ordinarily award maximum sentence as provided for various offences under the provisions of the IPC.
Wherever it is found that a police officer or an officer of the district administration has failed to comply with the aforesaid directions in order to prevent and/or investigate and/or facilitate expeditious trial of any crime of mob violence and lynching, the same shall be considered as an act of deliberate negligence and/or misconduct for which appropriate action must be taken against him/her and not limited to departmental action under the service rules. The departmental action shall be taken to its logical conclusion preferably within six months by the authority of the first instance.
The states are directed to take disciplinary action against the concerned officials if it is found that (i) such official(s) did not prevent the incident, despite having prior knowledge of it, or (ii) where the incident has already occurred, such official(s) did not promptly apprehend and institute criminal proceedings against the culprits.
It is the duty of the state to ensure that the machinery of law and order functions efficiently and effectively in maintaining peace so as to preserve our quintessentially secular ethos and pluralistic social fabric in a democratic set-up governed by rule of law.
Apart from the directions we have given hereinbefore and what we have expressed, we think it appropriate to recommend to the legislature, that is, the Parliament, to create a separate offence for lynching and provide adequate punishment for the same. We have said so as a special law in this field would instill a sense of fear for law amongst the people who involve themselves in such kinds of activities.
There can be no trace of doubt that fear of law and veneration for the command of law constitute the foundation of a civilized society.
The horrendous acts of mobocracy cannot be permitted to inundate the law of the land. Earnest action and concrete steps have to be taken to protect the citizens from the recurrent pattern of violence which cannot be allowed to become “the new normal”. The State cannot turn a deaf ear to the growing rumblings of its People, since its concern, to quote Woodrow Wilson, “must ring with the voices of the people." more
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View all 16 comments Below 16 comments
One should take law and order in his/her hand, because contemporary culture accelerates him/her to the stature of a hero/heroine - which is the easiest path to become a 'neta' and eventually to become MLA/MP/minister. Everytime, before/after elections,newspapers publish statistics of candidates with criminal pasts. Matter ends there. more
Aug 15
Mobs must not be allowed to impart punishment to anybody. They are not the law-of-the-land. Government too should not relent. more
Jul 19
Do our politicians and media also not form part of the mob, spreading misinformation, through breaking news.
While I am against all types of violence specially against innocent children , Khatua rape case has been highlighted thoroughly, but same when it happened in madrassa is not.
In Hyderabad, young children are married off to aged Arabs for money, and then after use the children are left high and dry, why are such incidents not given equal importance.
There has to be comprehensive legislation to punish not just the ordinary people who take part in mob violence but against media and politicians . But will that occur, politicians will cry vendetta and media will cite freedom of press and expression.In effect will any law, so made, have much effect. more
While I am against all types of violence specially against innocent children , Khatua rape case has been highlighted thoroughly, but same when it happened in madrassa is not.
In Hyderabad, young children are married off to aged Arabs for money, and then after use the children are left high and dry, why are such incidents not given equal importance.
There has to be comprehensive legislation to punish not just the ordinary people who take part in mob violence but against media and politicians . But will that occur, politicians will cry vendetta and media will cite freedom of press and expression.In effect will any law, so made, have much effect. more
Jul 19
What ever might be reason - No one has right to take law into their hands - but when some one is hurting your mother you can not keep quiet - So someone should stop killing cows as hindus think cow is their mother gomata - same way lynching of those killing cows is equally bad more
Jul 19
To create is a wonder but the aftermaths effects are to be visualized whether they will benefit or create chaos. more
Jul 19
The punishment by mob or kangaroo courts is not good for the democracy. There is urgent need to suitable enact law to control mob attacks/lynching which should be implemented in toto. The punishment should be given within 3 months to those who break the law. The Police and Courts should also change their work culture to complete investigation and deliver judgement in a time bound manner. more
Jul 18
