ABSTRACT:
Maintaining societal order, peace, and harmony is the primary and fundamental objective of law. Aristotle, the renowned Greek philosopher, stated, “Man, when perfected, is the best of animals.” However, he also warned that without law and justice, humans can become the worst of all. When intelligence and morality are misused for injustice, the consequences become even more severe. Therefore, law serves as the foundation that holds societies together, ensuring stability and fairness in governance. Basically, Law is the biggest Virtue that acts as the glue that binds societies, maintaining order and fairness in political life. But what happens when the same law duty bound to protect the rights of citizens itself becomes the cause of their sufferings, one of such examples was, the non-recognition of ‘Mob Violence’ as a Criminal Offence under Indian laws, specifically under Indian Penal Code 1860. From Centuries Mob violence, particularly lynching, has posed significant challenges to India’s legal system, And there were no Criminalizing of such an offence as it lacked specific provisions addressing mob lynching under Indian laws, which definitely is a pessimistic and undermining approach toward individuals committing murder , rape , ruckus and riots based on discriminatory grounds such as race, caste, or community ultimately perpetuating the stigma and obstructing efforts to address such issues. However, The Indian Penal Code (IPC) of 1860 leading to reliance on general sections such as those pertaining to unlawful assembly and rioting tried to address such issues , but these provisions often proved inadequate in effectively deterring and prosecuting such acts because they were still suffered some lacunas and inadequacy until one of the three recent Laws namely Bhartiya Nyaya Sanhita,2023 was passed and enforced from July 1st 2024 under which approach toward ‘Mob Violence’ is Significantly changed. Recognizing the gap, the Bharatiya Nyaya Sanhita (BNS) of 2023 introduced explicit provisions to combat mob lynching. Notably, Section 103(2) of the BNS which criminalizes mob lynching as a distinct offense, stipulating severe penalties, including life imprisonment or even capital punishment..Through this research paper the Author tends to Meticulously Analyze the previous laws on Mob Violence especially those concerned with ‘Mob Lynching’, Also how attempts were made to fill the legal gaps in New Laws and Current status of such laws in India and finally their potential Impact with a comparative Approach.
KEYWORDS: Mob Violence, BNS 2023, Section 103(2) of BNS 2023, Mob Lynching, Riots, Hate Crimes.
INTRODUCTION:
Right to Life guaranteed by Article 21 of the Indian Constitution is the is the foundation of human existence, the most fundamental of all rights. Life is the foundation of all freedoms because without it, no other right can be exercised. Article 21 in its ambit covers basic necessities like clean air, food, shelter, education, and a healthy environment, which extends beyond mere animal living toward a dignified life. The judiciary through its powers of judicial activism time to time had broadly interpreted its purview and held that it encompasses social security, humane working conditions, and individual liberty. Thus, The Right to Life is supreme and inviolable as the cornerstone of all rights [[1]]. Mob violence fundamentally breaches several core principles of the Universal Declaration of Human Rights (UDHR) [[2]]. It says that all human beings are born free and equal in dignity and rights as mentioned in Article 1 of UDHR , whereas Article 3 of UDHR guarantees the right to life, liberty, and security of person, Similarly Engaging in cruel, inhuman, or degrading treatment, is prohibited under Article 5, Furthermore, Article 7 of UDHR ensures principle of equality before the law and lastly, Article 8 of UDHR ensures the right to an effective remedy by competent national tribunals for acts violating fundamental rights [[3]]. Hon’ble Supreme Court of India has also emphasized and at various occasions affirmed that any action that violates someone’s right to life is unlawful and goes against the rule of law [[4]]. Mob violence, often manifesting as lynching or vigilantism, egregiously violates the fundamental right to life enshrined in Article 21 of the Constitution Of India, 1950 [[5]], not only this but mob violence also violates two primary fundamental human rights: the right to a fair trial and the presumption of innocence [[6]]. Such violence’s continued occurrence, together with insufficient inquiries and prosecutions, shows that authorities have failed to keep people safe, which gives offenders more confidence and feeds the cycle of violence [[7]]. The term “lynch” originates from “Lynch law,” first recorded in 1811, referring to extrajudicial punishment and is commonly attributed to Charles Lynch (1736–1796), a Virginia planter and magistrate who, during the American Revolutionary War, led unauthorized trials and punishments against Loyalists [[8]] , Around 1780 the leader of vigilance committee formed during American Revolution Sir William Lynch (1742–1820) of Pittsylvania, Virginia is also believed to be closely linked to the origin of word ‘Lynch’ though exact origins and etymology is debatable [[9]] . Initially, “lynching” encompassed various forms of summary justice, such as flogging or tarring and feathering. It predominantly referred to extra -legal executions by hanging, often perpetrated by mobs by late 19 th Century, thus the term ‘Mob Lynching’ evolved to describe the act of inflicting severe punishment without legal sanction, often by a mob [[10]]. Mob activities often sabotage established legal structures as such activities includes assaults, killings, havoc, destruction of property, mass violence and riots. Such actions not only supersede rule of law, but also encourages the Climate of impunity which ultimately undermines public confidence in the law of the land. [[11]]
RESEARCH METHODOLOGY:
This Legal research paper by referring, deciphering and analyzing secondary data sources attempts to conduct doctrinal research through a comparative method concerning India’s legal approach toward mob violence especially regarding ‘Mob Lynching’. Through this research paper, Author intends to provide the readers a complete, comprehensive, systematic and wholistic view of relation between ‘The Law’ and ‘Mob Violence’, with India’s approach toward the same through analyzing various laws.
REVIEW OF LITERATURE:
As per the report of CITIZENS FOR JUSTICE AND PEACE India witnessed 60 recorded hate crimes in 2021, off which number of mob attacks was one third, over half targeting Christians and 87.5% of threats targeted Muslims. Delhi and Bengaluru accounted for 47% of cases with somewhat 17 occurrences of hate crimes. Uttar Pradesh to recorded six mob attacks and four police brutality cases [[12]] . OFFICE FOR DEMOCRATIC INSTITUTIONS AND HUMAN RIGHTS (ODIHR) which is the principal institution of the Organization for Security and Cooperation in Europe (OSCE) primarily deals with human dimension of security presented a report in the year 2022 which as per which, 8,106 hate incidents took place globally, with detailed descriptions for 4,478 cases. Widespread hate crimes were highlighted based on the Official data collected from 46 states and on the basis of reports from 113 civil society groups. Only 29 countries provided disaggregated statistics, underscoring challenges in comprehensive reporting and enforcement of hate crime laws worldwide [[13]]. Also, As per The UNIFORM CFRIME REPORT of 2023 presented by FBI in the year 2024 shows that somewhat 11,862 hate crime incidents took place along with 13,829 offenses and affecting 14,416 victims in year these latest statistics indicate a troubling rise in incidents worldwide [[14]]. The UNITED NATIONS STRATEGY AND PLAN OF ACTION ON HATE SPEECH with its 13 commitments based on four principles aims to combat rising hate crimes by addressing root causes and ensuring effective responses the UN seeks to enhance social cohesion, protect human rights, and prevent atrocities linked to hate-driven violence globally [[15]].
MOB LYNCHING IN INDIA: DESPERATE NEED OF LAW AGAINST UNNECESSARY VIGILANTISM; Dr. Roshni Shrivastava, Associate Professor, United University, Prayagraj.
The paper looks and examines at how mob violence and vigilantism have increased in India since 2014, with a focus on minority populations. According to the literature, to establish control and engender terror lynchings are frequently planned and used even they seem unplanned. Social Media Platforms like Facebook and WhatsApp plays a crucial role in encouraging violence before it can be prevented as false information is widely disseminated by social media. The paper also points out that how the then current laws were unable to prevent and combat such preposterous and obnoxious violence by mob. It criticizes India’s judicial and legal system and highlights the necessity of enacting specific anti-communal violence and Mob Lynching laws. In the end, the study urges social and legislative changes to stop violence motivated by false information. [[16]]
Mob Lynching in India: An Exploratory Study with Special Reference to India; By Dr. Surendra Singh Chundawat, Assistant Professor and Mr. Vikram Singh Yadav Research Scholar at Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed to be University), Udaipur, Rajasthan, India:
Through this paper Author intended to analyse the concerning and increasing problem of mob lynching and communal Violence in respect to its societal effects and human rights issues. It utilizes René Girard’s theory which explains that violence is a result of mimetic desire, where people imitate each other’s desires and wants, leading to rivalry. To control conflict, societies blame and targets individuals or groups. This collective violence influence mob lynchings, communal violence, and political scapegoating. The study also examines and emphasizes how lack of appropriate laws and statutes is responsible for transgressions of international humanitarian law, highlighting India’s responsibilities as a signatory to treaties [[17]]
INDIA’S COMBAT AND STRUGGLE AGAINST MOB VIOLENCE:
India is a diverse country with multiple religious communities. It consists of plethora of diverse cultures , languages and religious sects and communities, But majorly it has Hinduism as dominant religion with 79.8% of the population, followed by Muslims with 14.2% and 2.3% of Christians and finally it comprises 2.08 % of population as Sikhs [[18]] Religious diversity in a country is no doubt symbolise and fosters cultural heritage, opulence and ethnicity but the same diversity and differences often leads to conflicts and struggles [[19]]. Lynching which is an act of punishing or killing someone without fair and proper legal trial, is often strongly linked with such social and cultural tensions, aggravates because of misinformation, and fear. India has been grappling with the menace of mob violence, because of the discrimination based on caste, religion, region, and ethnicity. This is the foremost reason why in India, mob lynching occurs [[20]]. Religious prejudices, Caste hegemony, or suspicions related to crimes such as cow slaughter, child kidnapping, and theft are some other reasons which contributes and fuels such incidents [[21]]. Rural areas with low literacy levels, because of fake social media news and False accusations quickly gain attention, inciting collective violence. One of recent examples is of Palghar lynching took place in the year 2020, where three people were killed based on social media claims [[22]].
Statistics and reports infer that at least one hate crime such as mob violence takes place every week in india, which often is connected social differences and misinformation [[23]]. Whether its Dadri lynching in Uttar Pradesh, where a Muslim man, was killed by a mob over allegations of consuming beef [[24]] or the tragic death of Viswanathan, a tribal man accused of theft in the Wayanad region of kerla in 2023 [[25]], highlighted the prevalence of religion and caste-based violence around the country.
Since 2023, there has also been ongoing ethnic conflict in the northeastern state of Manipur, mostly between the Meitei and Kuki groups after Hon’ble High Court of Manipur ordered directing the state government give ST tag for the Meitei community. After which tensions increased and violent battles escalated, resulting in internal armed conflicts and thousands of people being displaced and many deaths [[26]].
EVOLUTION OF LAWS AGAINST MOB VIOLENCE IN PAST YEARS:
India always faced the serious concern of Mob violence and lynching because there was no standalone law specifically addressing mob lynching at the national level, necessitating legal interventions to tackle such atrocities and injustice [[27]]. The legal framework in India has evolved over the years through constitutional provisions, penal codes, and procedural laws to combat such acts and Over the years, judiciary and state-level initiatives by legislature have contributed to the evolving legal approach to prevent mob violence [[28]].
Constitutional Remedies and Rights Against Mob and Communal Violence: Indian Constitution provides several safeguards against mob violence through its fundamental rights. “Equality before the law and Equal protection of laws,” which prevents discrimination in legal proceedings is protected under Article 14 of the Constitution Of India. Similarly, Article 15 which prohibits discrimination based only on religion, race, caste, sex, or place of birth, and Article 21which protects the right to life and personal liberty ensures that every person enjoys a dignified life and livelihood without any discrimination by anyone [[29]].
Indian Penal Code (IPC) and Mob Lynching:
Although the IPC does not explicitly criminalize lynching, various sections address its consequences:
•Murder: Section 300 R.W. Sec. 302 defines and punishes murder with which individuals involved in mob killings were charged. •Attempt to Murder: Section 307 applies if the victim survives after the perpetrators attempts to murder. •Voluntarily Causing Hurt: Section 323 penalizes injuries inflicted by a mob. • Riots: Section 147 criminalizes violent group activities. •Unlawful Assembly: Section 141 R.W. Sec. 149 holds all members of a violent mob accountable, even if only a few actively commit the crime. •Criminal Conspiracy: Section 120B applies if lynching is pre-planned and is a part of Criminal Conspiracy. [[30]]
Criminal Procedure Code (CrPC) and Mob Lynching: The CrPC lays down procedural guidelines for handling mob violence cases:
•Section 41 empowers police officers to arrest individuals involved in mob violence without a warrant if they commit a cognizable offense.
•Section 133 CrPC empowers magistrates to prevent public nuisances, including unlawful assemblies that may incite mob violence
•Section 174 mandates investigations into unnatural deaths, including those resulting from mob lynching.
•Section 144 allows authorities to impose prohibiting orders against assembling of 5 or more persons in areas prone to mob violence, preventing unlawful assemblies. [[31]]
ABSENCE OF ADEQUATE LAWS TO TACLE MOB LYNCHING IN THE NAME OF DISCRIMINATION:
Indian states have enacted their own anti-lynching laws recognizing the inadequacy of national laws, such as Manipur, Rajasthan, and West Bengal introduced legislation imposing stricter penalties for mob lynching and holding public officials accountable for negligence in preventing such crimes. Through Judicial Precedents Judiciary too played a significant and paramount part in safeguarding and evolving laws against Mob and Communal Violence [[32]].
In the case of State of Rajasthan v. Pratap Singh, the Hon’ble Supreme Court emphasized the need for unbiased law enforcement, striking down measures that discriminated against certain communities[[33]]. Again, in National Human Rights Commission v. State of Gujarat, the Hon’ble SC highlighted the need for strict action and punitive against communal violence [[34]]. The Supreme Court in 2018 directed the central and state governments to take preventive, remedial, and punitive measures against lynching, highlighting the gaps in existing laws [[35]].
BNS 2023 APPROACH TOWARD HARMONIZING THE SITUATION AND ITS IMPACT:
Under CHAPTER VI titled ‘OFFENCES AGAINST HUMAN BODY’ and sub- titled ‘offences affecting life’, Section 103 (2) of Bhartiya Nyaya Sanhita prevents mob violence and lynching. The aforesaid section says;
103. Punishment for murder. (1) Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine. (2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine [[36]].
Mob lynching, Mob or communal Violence were not specifically covered by the Indian Penal Code (IPC) of 1860, therefore general provisions of murder, riot and unlawful assembly were used to frame charges and prosecute offenders, but vagueness in the etymology of such offence often results in legal challenges and ultimately acquittal of perpetrators . The specific criminalization of mob lynching and including it within the ambit of Murder represents a major step forward for India’s legal and judicial system. It ensures that any community or group forming an unlawful agency who commit murder on the basis of a discrimination such as race, caste, community, sex, place of birth, language, or personal beliefs shall be deter and punished with severe punishments, including the death penalty or life in prison. Thus, these new provision highlights the focused legislative attempt to better confront and discourage this type of violence [[37]].
CONCLUSION:
In India, rumours, social prejudices, and lax law enforcement are frequently the causes of mob violence. Social media also contributes to the spread of false information and prompts rash mob acts. Vigilante justice is further encouraged by court delays, which prolong violence and impunity. Strict law enforcement, rapid court involvement, and public awareness to combat prejudices are all necessary to address this issue. India’s unity and integrity depend on preserving social peace and protecting citizens’ rights, irrespective of caste, religion, or ethnicity.
REFRENCES:
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[2] PLAYING THE “COMMUNAL CARD”: Communal Violence and Human Rights (https://www.hrw.org/reports/1995/communal/)
[3] Universal Declaration of Human Rights (https://www.un.org/en/about-us/universal-declaration-of-human-rights)
[4] Right to life in India: A role of judiciary by Shalu, Assistant Professor, Bharat College of Law, Kurukshetra Haryana, India (https://www.lawjournals.org/assets/archives/2022/vol8issue6/8-5-78-956.pdf)
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[6] MOB LYNCHING: A BLOT ON RULE OF LAW – B Thillai Nayage (https://ijalr.in/volume-4-issue-2/mob-lynching-a-blot-on-rule-of-law-b-thillai-nayage)
[7] MOB LYNCHING IN INDIA: THE MENACE, CURRENT LAW REGARDING IT AND SCOPE OF IMPROVEMENT (https://juriscentre.com/wp-content/uploads/2022/01/mob-lynching-in-india-manuscript.pdf)
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[9] (https://www.worldwidewords.org/qa/qa-lyn1.htm)
[10] (https://www.britannica.com/topic/lynching)
[11] The Effects of Mob Justice on the Rule of Law and Democratisation in Africa: a Case Study of Ghana Brian Ikejiaku, Jasmine Osabutey, Volume 6, Issue 2, December 2022. (https://phrg.padovauniversitypress.it/system/files/papers/PHRG-2022-2-5.pdf)
[12] Hate Watch: Mapping Hate Crimes in India in 2021; A CJP initiative to track hate (https://cjp.org.in/hate-watch-mapping-hate-crimes-in-india-in-2021/)
[13] (https://hatecrime.osce.org/infocus/2022-hate-crime-data-now-available)
[14] AJC Warns: Staggering FBI Hate Crimes Data Likely Represents Under-Reporting of Anti-Jewish Hate Crimes (https://www.ajc.org/news/ajc-warns-staggering-fbi-hate-crimes-data-likely-represents-under-reporting-of-anti-jewish)
[15] https://www.un.org/en/hate-speech/un-strategy-and-plan-of-action-on-hate-speech
[16] MOB LYNCHING IN INDIA: DESPERATE NEED OF LAW AGAINST UNNECESSARY VIGILANTISM Dr. Roshni Shrivastava (NUJS Journal of Regulatory Studies)
[17] Mob Lynching in India: An Exploratory Study with Special Reference to India Dr. Surendra Singh Chundawat and Mr. Vikram Singh Yadav (https://www.ijarsct.co.in/Paper18862.pdf)
[18] Hindu Muslim Population in India (https://www.census2011.co.in/religion.php)
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[20]Misinformation and Violence (https://www.scu.edu/ethics/internet-ethics-blog/misinformation-and-violence/)
[21] From Social Menace to Criminal Offence: The Legal Evolution of Mob Lynching (https://www.khuranaandkhurana.com/2024/07/16/from-social-menace-to-criminal-offence-the-legal-evolution-of-mob-lynching/)
[22] Palghar lynching: India police arrest more than 100 suspects (https://www.bbc.com/news/world-asia-india-52350728)
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[25] Tribals lynch man for killing child (https://timesofindia.indiatimes.com/india/tribals-lynch-man-for-killing-child/articleshow/2835305.cms)
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[30] (https://lawinsider.in/trending/laws-for-mob-lynching-in-india)
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[33] The State Of Rajasthan vs Thakur Pratap Singh , (AIR 1960 SUPREME COURT 1208). (https://indiankanoon.org/doc/1847684/)
[34] National Human Rights Commission vs State Of Gujarat & Ors,(AB[2009] 7 S.C.R. 236) (https://digiscr.sci.gov.in)
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[36] (https://devgan.in/bns/section/103/)
[37] Criminalisation of Mob Lynching under the Bhartiya Nyaya (Second) Sanhita By Ayush Agrawal and Shriyaditya Shrivastava (https://nualslawjournal.com/2024/04/22/criminalisation-of-mob-lynching-under-the-bhartiya-nyaya-second-sanhita-2023/)
AUTHOR: VIBHOR SHRIVASTAVA, BBALLB (5TH YEAR), AMITY LAW SCHOOL, GWALIOR, AUMP.
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