Need of Separate Law on Anti Mob Lynching

Authors

  • Radha Sharma Lecturer, Law Center 1, Faculty of Law, University of Delhi

DOI:

https://doi.org/10.53724/lrd/v7n4.2

Keywords:

Anti-Mob Lynching, Mob Lynching, Manav Suraksha Kanoon

Abstract

Numerous articles and research papers have been published with the opinion that the inability of the Executives to execute relevant laws has resulted in the highest level of “mobocracy” In a broad sense, the word “mob lynching” refers to when a group of people circumvents legal systems in order to impose what they perceive to be justice. Somewhere, the Court has also been blamed. Even the judiciary has shown its inability to dispose of cases at the desired pace and within the desired time frame. However, what are the fundamental causes and grounds for this offense, and why is it becoming “the New Normal” in contemporary society? are important for comprehension. In a multitude of cases, the Supreme Court has expressed its concern and given a number of various directives to the government to pass legislation regarding mob lynching that includes provisions for the perpetrator’s punishment as well as compensation and rehabilitation for the victim and his family. In a recent ruling pertaining to Tehseen S. Poonawala, the Hon’ble Supreme Court has declared that it is the responsibility of the State government to prevent the occurrence and recurrence of mob lynching inside the State. In response, the Supreme Court has detailed preventative, corrective, and punitive methods to reduce the instances of Mob lynching.

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References

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Mander Harsh, Lynching, the scourge of new India, The Hindu, October 16, 2019, available at: https://www.thehindu.com/opinion/lead/lynching-the-scourge-of-new-india/article29693818.ece (last visited on 5th

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Ibid.

Ibid.

Ibid.

Shaikh Zeeshan, Palghar Lynching: A recap of what happened, The Hindu, April 24, 2020, available at: https://indianexpress.com/article/explained/palghar-mob-lynching-mahant-kalpavruksha-giri (last visited on 9th March, 2023).

Section 153A of the Indian Penal Code (IPC)

Tehseen S. Poonawalla v. Union of India and Others (2018) 9 SCC 501.

Manipur Protection from Mob Violence Ordinance, 2018, (Ordinance no.3 of 2018,).

Ibid.

West Bengal prevention of Lynching Bill, 2019 (Ordinance No. 21 of 2019)

The Rajasthan protection from Lynching Bill, 2019 (Bill No. 22 of 2019)

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(2014) 5 SCC 438.

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Tehseen S. Poonawalla v. Union of India and Others (2018) 9 SCC 501.

Ibid.

P. Kalital, ‘Naked Man’ spark panic in Assam, lynched, The Times of India, June 20, 2013, available at: https://timesofindia.indiatimes.com/india/Naked-men-spark-panic-in-Assam-3-lynched/articleshow/20673164.cmsv (last visited on 27th March, 2023).

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S. Sharma, DSP Ayub Pandith lynched in Srinagar: Barbaric event shows Kashmiris have abandoned cultural, religious ethos, First Post, June 23, 2017, available at: https://www.firstpost.com/india/dsp-ayub-pandith-lynched-in-srinagar-barbaric-event-shows-kashmiris-are-stepping-away-from-their-cultural-religious-ethos-3738975.html (last visited on 5th April, 2023).

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Published

30-06-2023

How to Cite

Radha Sharma. (2023). Need of Separate Law on Anti Mob Lynching. Legal Research Development, 7(IV), 01–09. https://doi.org/10.53724/lrd/v7n4.2

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