Mob lynching is an act done by more than 2 people (a very large group of people) towards a particular people or group of people. The term “MOB LYNCHING” is not defined anywhere but in the general sense, we can say that mob lynching is violence by the people against the people and the result of this is death or grievously heart to that people.
This act is for getting instantaneous justice, people take the laws into their hands because in some instances they lose their faith in the judiciary and the police. Which is very shameful for human dignity.
There are many reasons for this kind of activity done by the people:
- Rising the intolerance and biased behavior from the judiciary and executive.
- Mob justice
- Police system
- Religious angle.
LAW CONCERNING MOB LYNCHING:
Right now we do not have any specific law on this topic that is the reason why the cases of mob lynching are increasing day by day and people are roaming free because we don’t have the definition of mob lynching and the group of people taking the advantage of that thing.
This is a state list subject mean, in our constitution we have the provision explained in schedule VII of that. The reason why it is not defined for the center is maybe we don’t have any specific definition for mob lynching.
The laws related to the mob lynching, as it is a state subject so most of the state has their own law on that and in the terms of the union, they said that on the point of the mob lynching we have Indian penal code and some sections related to that.
WHY DO WE NEED A LAW ON THE TOPIC OF MOB LYNCHING:
The reason why we need a law on this topic is that the crime done by a large number of people is increasing day by day and it harms human dignity and the universal declaration of human rights is also violated. Which include the right to equality and freedom.
The basic and fundamental right of the people is violated by this kind of act like we have given the golden triangle which includes articles 14, 19, and 21. Article 21 is very wider in itself, that is the right to life and personal liberty, which means everyone has the right to live with dignity without any harm and threaten by the society. Article 19 provides freedom, every king of freedom and article 14 is also one of the articles that provide equality before the law and equal protection of the law.
No separate definition in the Indian penal code 1860. But indirectly we have some provisions under the Indian penal code related to mob lynching those sections are sections 300 and 302, both sections deal with murder and in general terms, mob lynching results in the death of a particular person. The legislature said that because the ultimate result of the mob lynching is murder so we do not need and separate law for that.
Recent Cases:
In the covid time, in 2020 we heard about the Palghar incident in Maharashtra, where two Hindu sadhus are bitten by the mob brutely and the result of that is the death of the people. The fake rumor starts spreading on WhatsApp and the rumor is that some people are something for the purpose of kidnapping the children.
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