The world is in the midst of great depressing period,covid-19's implications are showing cascading effect and deep sense of despair.The whole world has been thrown out of kilter.Ranging from economy to the public health everything is at sixes and sevens.Mob lynching has become order of the day.Recently circulating videos of mob lynching in many parts of the country has unveiled a deep sense of indifference among people's psyche.Evidence related to the crime is present but still the perpetrators are at large.when the whole world could watch the video lynching them?This is yet another cruel lynching in India on April 16, 2020 in Gadchinchle village of Palghar district of Maharashtra killing two innocent Hindu sadhus in saffron robes and a driver of a vehicle they hired,indicating the utmost inhuman attitude of mob and criminal dereliction of duty by the police.Policemen were also beaten up blue and black and blue. Maharashtra Home Minister officially released list of hundred plus accused,to confirm that neither any Muslim nor any Christian was part of them.Figuratively we can say rumours killed them.But mad,mindless and ruthless people believing rumours to be true,killed them rather insensitively.As per principle of joint liability enshrined in Section 34 of (IPC) Indian Penal Code,each of them is liable for whole offence of killing three persons.Section 34 says "when a criminal act is done by several persons,in furtherance of the common intention of all,each of such persons is liable for that act in the same manner as if it were done by him along”.If hundred people contributed injuries to one victim and render them inhuman tribulations,after having conspired together,each of such mob will be guilty as if he alone killed him,according to this very significant principle of joint criminal liability.An assessment done by a TV channel during a debate in 2019 revealed thar that there have been more than 250 cases of mob lynching in India,wherein Hindus along with that Muslims and others were also killed.Many more were lynched by mob in UP, Jharkhand, Rajasthan over suspected illegal cattle trade including cows,child trafficking and trade in organs like kidneys and other organs.
In a statement delivered in a jamboree by
Prime Minister on June 2017 slammed and denigrated Go-rakshaks and said, “Killing in the name of Gau Bhakti is wrong,no person is allowed to take the law in their own hand.It is unfortunate that in the name of cow protection the human beings are killed by so called Gau Rakshak.” The joint liability principle of criminal law,and evidence will not be affected by the religion of victim or accused or by any constraints.The relevant question is whether our penal and evidence law is enough to tackle this horrendous crime which was not specifically defined?Taking note of lynching since 2017,the Apex Court took suo motu cognisanse and advised the Centre to draft a strict law to punish lynching at its fullest.Some states like the Manipur and Rajasthan States passed Bills which are awaiting the assent of President.The Centre told the Parliament that it constituted a committee to draft Bill to amend IPC and Cr.P.C. as advised by Supreme Court,we need a comprehensive penal law to prevent and punish lynching, present law is not awfully insufficient to deal with this joint crime by mob.Difficulty in tracing mob is no immunity for killing.Aiding and abetting elements should also make liable to these cimes and rendered them same punishment for involvement in the crime.In July 2018,the bench of the then Chief Justice Dipak Misra and Justices AM Khanwilkar and D Y Chandrachud said that it was the duty of the State to maintain law and order.The ‘Command of Law’ being supreme should come from the legislature which should not allow any citizen to take law into his own lands.Our lawmakers should take this issue seriously and play a vital role for the making of a draconian laws.The Supreme Court had rightly directed all States to appoint a senior police officer for each district to serve as the nodal officer to ensure that cow vigilantism groups do not take the law into their own hands.The Suprem court had also directed the Chief Secretaries of every State to file a status report giving details of the action taken to prevent incidents of cow vigilantism in a full fledged way.Killing of Mohammad Akhlaque by a mob in 2015 in Dadri was a very heinous crime and everyone condemned it but some politicians were taking side of perpetrators.The apex courts advise was taken seriously by Manipur and Rajasthan States.The UP Law Commission under the chairmanship of Justice A N Mittal studied killing in 2015,Inspector Subodh Singh in Bulandshahr in 2018 etc and concluded that existing law was insufficient to tackle these types of menacing incidents.
The UP Commission also suggested up to three year punishment to social media criminals who are liable for disseminating very provocative and offensive materials with utter disregard for law and order .TheBill suggests punishments ranging from seven years in jail to life imprisonment for the offence,as well as imprisonment for a year for any policeman or district magistrate who fails to prevent incidents of lynching in their jurisdiction.It shall be the duty of every police officer to cause a mob to disperse,by exercising his power under Section 129 of CrPC,which in his opinion has a tendency to cause violence or wreak the havoc of lynching in the disguise of vigilantism.The police shall cause to register FIR under Section 153A of IPC 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 Cr.PC within one month from the date of this judgment. The courts trying the cases of mob violence and lynching may,on application by a witness or by the public prosecutor in relation to such witness or on its own motion,take such measures,as it deems fit, for protection and for concealing the identity and address of the witness. 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 Supreme Court finally said: The directed measures should be carried out within four weeks by the Central and the State governments, and compliance report also to be filed within that period and a comprehensive law is brought.Renowned senior advocate of SupremeCourt and MP of Rajya Sabha KTS Tulsi proposed a private Bill “the Protection From Lynching Bill, 2017”said lynching means any act or series of acts of violence or aiding,abetting or attempting an act of violence,whether spontaneous or planned,by a mob on the grounds of religion,race,caste,sex,place of birth,language,dietary practices,sexual orientation,political affiliation,ethnicity or any other related grounds.Palghar lynching is not on these grounds but on a wrongful belief that the victims could be the kidney thieves.Manipur Bill’s definition covers this aspect also.Attempt to lynch is also made punishable.Bills also provided for punishing police for dereliction of duty and it made stringent punishment for subaltern lumpenism in respective authorities.These bills need prior nod of President.Union Home Minister told the House that a committee under BPRD has been formed to recommend amendments to IPC and CrPC. Till a law is made, lynching cannot be allowed to continue.
Hi. I’m Designer of Blog Magic. I’m CEO/Founder of ThemeXpose. I’m Creative Art Director, Web Designer, UI/UX Designer, Interaction Designer, Industrial Designer, Web Developer, Business Enthusiast, StartUp Enthusiast, Speaker, Writer and Photographer. Inspired to make things looks better.
0 comments:
Post a Comment
If you have any problem please let me know