INTRODUCTION :

Mob lynching has emerged as a grave issue in India over the past decade, posing serious threats to the rule of law and the democratic fabric of the country. It refers to the act of a violent mob attacking and killing an individual or a group of individuals, often based on unverified accusations, rumors, or communal sentiments. The victims are usually subjected to brutal violence without any legal trial or due process.

CAUSES OF MOB LYNCHING :

Several factors contribute to the rise of mob lynching in India, including:

1.   Rumors and Misinformation: Social media platforms and messaging apps have played a significant role in spreading false information, especially regarding child kidnappings, cow slaughter, and religious issues.

2.   Communal Tensions: Historical animosities and polarizing political rhetoric have exacerbated religious and caste-based violence.

3.   Failure of Law Enforcement: In some cases, delayed police response or the failure to control the mob further emboldens perpetrators.

4.   Lack of Legal Awareness: Many participants in such violence may not fully grasp the legal consequences of their actions.

5.   Political Patronage: Instances have surfaced where certain political figures have allegedly shielded or justified mob violence, worsening the situation.

LANDMARK CASES OF MOB LYNCHING IN INDIA :

1.   Dadri Lynching (2015): Mohammad Akhlaq was lynched by a mob in Uttar Pradesh over rumors that he had stored beef in his house.

2.   Jharkhand Lynching (2019): Tabrez Ansari was tied to a pole and beaten by a mob on accusations of theft. He later succumbed to his injuries.

3.   Palghar Lynching (2020): Three men, including two sadhus, were lynched by a mob in Maharashtra, fueled by rumors of child abductors being on the prowl.

LEGAL FRAMEWORK TO ADDRESS MOB LYNCHING :

Though there is no specific anti-lynching law in India, several provisions of the Indian Penal Code (IPC) and other legal instruments are used to prosecute offenders:

1.   Indian Penal Code (IPC): (Now BNS)

o   Section 302 [BNS S. 103(1)] : Punishment for murder.

o   Section 304 [BNS S.105 ] : Punishment for culpable homicide not amounting to murder.

o   Section 307 [BNS S.109] : Attempt to murder.

o   Section 147-149 [BNS S.190, 191(2) & 191(3)] : Punishment for rioting and unlawful assembly.

2.   Criminal Procedure Code (CrPC) (Now BNSS)

o   Provides the framework for police investigation, arrest, and trial.

SUPREME COURT DIRECTIVES :

In Tehseen Poonawalla v. Union of India, 2018 Legal Eagle (SC) 527, the Supreme Court of India laid down preventive, remedial, and punitive measures to curb mob lynching, including:

o   Appointing nodal officers in every district.

o   Expediting trials and awarding compensation to victims' families.

o   Taking preventive measures to stop hate crimes fueled by social media.

3.   State-Specific Laws: Some states like Rajasthan, West Bengal, and Manipur have enacted their own anti-lynching laws prescribing strict punishments and fast-track trials.

Conclusion

Mob lynching undermines the essence of democracy and justice, turning ordinary citizens into self-proclaimed executioners. While legal provisions exist to prosecute those involved in such violence, there is a pressing need for a dedicated anti-lynching law at the national level. Additionally, strengthening law enforcement, promoting communal harmony, and curbing the spread of misinformation are crucial steps to tackle this menace.