LYNCHING LAWS; ARE THEY ANY?

INTRODUCTION

In the first six months of 2017, 18 cow-terror attacks were reported which is 75% of the 2016 figure’ according to a report by IndiaSpend. The Cambridge dictionary defines the term ‘vigilance’ as ‘law enforcement is undertaken without legal authority by a self-appointed group of people’.

An angry crowd (especially one that could easily become violent) of people lynch someone who they believe is guilty of a crime; they kill them without a legal trial or a group of people who condemn and punish a person without a fair trial. Lynching is a premeditated extrajudicial killing by a group. It is most often use to characterize informal public executions by a mob in order to punish an alleged transgressor or to intimidate a group. It is a new type of crime which thrived in Indian society. In India we can witness multiple reasons for lynching, and religious violence is one of them. In recent years, [1]India has witnessed an escalation in mob lynching targeting minority communities, primarily Muslims and Dalits. While acknowledging the unique circumstances of various cases of mob lynching. In India, although some lynching intention may not have been to hurt religious sentiments, targeted Muslims and other minorities revealing the commonly premeditated nature of these crimes. While the lynching seems to have been on spontaneous, detailed examination reveals that many were pre-planned crimes intended to harm not only individuals but also assert dominance over an entire community or send out a message. As we see that Mob Lynching cases in India have rapidly increased from 2014 where the BJP government under PM Modi, who has taken control. The religious riots between different communities then started to take place in every local area, cities and states across the country. One community member attack directly to the man of other communities without any fear of law enforcing agencies. And there we have seen that some political leaders of the particular region are silent on those brutal killings of people by the mob. India is changing its shape against the values of the Constitution of India. The Indian constitution and the preamble of the constitution ensure that “A Secular state means that the one that protects all religions equally and does not uphold any religion as the state religion”. But after 2014 the ruling BJP government and its ideological mentor RSS (Rashtriya Swayamsevak Sangh) give more emphasis on the ideology of Hindu nation i.e., Hindutva by suppressing other religious mostly Islam and Christianity. This article informs society that how religion has divided humanity. Those religions who teach humans to hate other humans are no more a just religion. Mob Lynching in India is increasing with new number of cases day by day. According to a Reuters report, a total of 63 cow vigilante attacks had occurred in India between 2010 and mid-2017, mostly since the Modi government came to power in 2014. In these attacks between 2010 and June 2017, “28 Indians – 24 of the Muslims – were killed and 124 injured”, states the Reuter’s report.

FACTORS LEADING TO SUCH VIOLENCE

Main reason is the lack of fear about the consequences. Everyone in the group who commit the crime thinks that they can get away with the crime. Ineffective investigation by police officials and the ineffective justice system are the reason for this lack of fear.

Indirect support from government is another reason. Most of the mob lynching incidents are because of cow vigilantism. Several ministers publicly supported mob that killed a person over the suspicion of eating beef. And government is not taking strict action against these incidents though the crimes are happening frequently from the past three years.

Hate speeches of ministers on minorities is also fueling mob lynching.

Lack of trust in the police system is influencing people to take law into their own hands. For example, many innocents were killed in recent mob lynching incidents over the fear of child kidnapping. This was because of a fake news of child lifters that became viral. When this news became viral, people were panicked. As they do not trust police from saving their children, they wanted to took law into their own hands. But that doesn’t justify attacking people on a mere suspicion.

Mob lynching incidents signals declining moral values in society.

[2]In 2015 mob lynching incident, a rape accused was brutally killed by a mob. It was reported later that the victim was falsely implicated in the rape case. If we analyze the incident this indicates the lack of trust in our judiciary. A lot of cases are pending in courts for years and getting justice in Indian courts is not at all easy. This is negatively influencing people to kill the accused for instant justice.

Though not a direct cause, movies have a small stake in this issue. In most of the movies, lead role takes the law into his/her hands and kills the criminals. Approaching courts and getting justice is rarely shown in movies. This indirectly influences people to not care about law.

FACTUAL REPORTS/JUDGEMENTS

The National Crime Records Bureau (NCRB) collects and publishes data on the crime incidents happening in India within a year. The NCRB does not collect or publish any data on lynching incidents although there is a distinct category in the report for the same. The NCRB reports these incidents as murder. Media sources claim that incidents of lynching are on a sharp rise under the current right-wing government of India. Journalists reported 20 incidents between May and June 2018 alone.

[3]The Supreme Court of India has given orders to the Government of India to enact laws specifically to control lynching in India. The court has framed a three-level strategy that involves prevention, remedy and accountability on the behalf of the officials to control lynching in India. Three states, Mizoram, Rajasthan and West Bengal have introduced anti-lynching bills so far. With the people and government paying attention to mob violence, there is hope that the government of India will soon pass appropriate laws to curb lynching in India and her people will feel safer again.

INSTANCES OF HUMAN RIGHTS VIOLATION IN INDIA

On September 28, 2015, the 52-year-old ironsmith was dragged from his house in the village of Bishahra, in the district of Dadri in Uttar Pradesh, after a local Hindu temple announced that a cow, considered sacred by many Hindus, had been slaughtered. He was beaten to death and his son was severely wounded. Nine months later, the police filed a First Information Report (FIR) charging 44-year-old Jan and several other members of his family, including his murdered brother, with cow slaughter. They deny the charge.

[4]In April, Human Rights Watch noted: “Instead of taking prompt legal action against the vigilantes, many linked to extremist Hindu groups affiliated with the ruling Bharatiya Janata Party (BJP), the police, too often, have filed complaints against the assault victims, their relatives, and associates under laws banning cow slaughter.”

A recent report by the website IndiaSpend revealed that 97 percent of the cow-related violence that has taken place in India since 2010 happened after the BJP government of Narendra Modi came to power in May 2014. According to the same report, 28 people have been killed in 63 incidents of cow-related violence in the past seven years. Of those, 24 – 86 percent – were Muslim.

After failing to arrest the eight people who were initially accused in the Pehlu Khan case, the police have arrested seven other people. Five of them have already been released on bail.

“Our dairy business is finished,” says Pehlu’s 20-year-old son, Arif, as he sits on the porch of his family’s farm in Jaisinghpur, two hours’ drive from Dahmi. “We have no other source of livelihood. Even our relatives are poor, so we cannot turn to them for help.”

He says nobody from the local government has come to see them and they haven’t received any compensation.

“Only Imran Pratapgarhi, the poet, has given us some money.

[5]UN Human Rights Council Listens to Increasing Mob Lynching and Hate Crimes Against Muslims and Dalits in India

Center of Africa Development and Progress (an NGO), South Africa, a member at UNSC raised the increasing number of lynching and hate crimes against Muslims and Dalit in India, particularly highlights the lynching Tabrez Ansari in Jharkhand and assault on Kolkata Madarsa teacher for not chanting Jai Sri Ram. 24-year-old Tabrez Ansari’s name along with that of the Kolkata Madarsa teacher was heard not at the Indian Parliament but at the United Nations (UN)’s Security Council meet held at the UN headquarters in New York on July 1.

Ansari, was lynched by the Hindutva goons at Dhadkidih village in Kharsawan district while the Madarsa teacher was assaulted on a local train in Kolkata for not chanting Jai Sri Ram.

It was interesting to see Paul Newmman Kumar Stanisclavas, representing Center of Africa Development and Progress (an NGO) of South Africa, which is a non-permanent member of UNSC, raise the ever-increasing cases of mob lynching and hate crimes being inflicted on Indian Muslims and Dalits. He raised the issue during the 17th Meeting, of the 41st Regular Session, that was held before UN’s Human Rights Council.

CONCLUSION

‘The law, the mightiest sovereign in a civilized society’

India has witnessed numerous lynching and mob attacks report from various parts of the country recently, most of which is as a consequence of reaction to the beef-ban orders of the government in the country. There is no doubt that the lynching activities based on identity discriminate against a whole community which violates Article 14 and Article 15 of the Constitution of India. Given the situation of mob attacks in the country presently there is a need for separate legislation and strict implementation procedures to curb the attacks and punish the wrongdoers.


REFERENCE


[1] blog.ipleaders.in

[2] www.groupdiscussionideas.com

[3] borgenproject.org 

[4] www.aljazeera.com

[5] www.newsclick.in

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.