COMBATING COMMUNALISM
The Supreme Court has given preventive, punitive and remedial measures to deal with the issue of mob lynching and condemned it in all forms.
Kavya
In the context of the recent cases of lynching that have been going on in the country, the Supreme Court has recently stated that any form of violence especially lynching will not be tolerated. To end mob lynching the Supreme Court has given an eleven point remedy.
The spontaneous and unrestrained manifestation of public anger in the form of mob lynching has been seen in several instances in recent years. Mob violence has created an ambience of doubt and anxiety among several communities across the country.
Whether we speak of incidences where individuals were exposed to mob lynching due to their alleged food habits, or based on suspicions of conspiracy or humours of child lufting- mob lynching is really an issue that the nation needs to take seriously.
To address the recent instances of sever mob lynching and to culminate it so that future incidences do not take place- the Supreme Court’s order is a welcome step. The top court gave a set of directions and preventive, remedial and punitive measures to deal with the issue of mob lynching.
The Supreme Court also stated that whether a lynching is a result of cow vigilantism or child lifting rumors, it is a punishable offence and will not be tolerated.
The Supreme Court suggested three kinds of measures punitive, remedial and preventive to address the issue.
The following are the highlights –
- The state governments shall designate a senior police officer in each district for taking measures to prevent incidents of mob violence and lynching.
- The state governments shall immediately identify districts, sub-divisions and villages where instances of lynching and mob violence have been reported in the recent past.
- The nodal officers shall bring to the notice of the DGP any inter-district co-ordination issues for devising a strategy to tackle lynching and mob violence related issues.
- It shall be the duty of every police officer to cause a mob to disperse, which, in his opinion, has a tendency to cause violence in the disguise of vigilantism or otherwise
- Central and the state governments should broadcast on radio and television and other media platforms including the official websites that lynching and mob violence shall invite serious consequence .
- Curb and stop dissemination of irresponsible and explosive messages, videos and other material on various social media platforms. Register FIR under relevant provisions of law against persons who disseminate such messages.
- Ensure that there is no further harassment of the family members of the victims.
- State governments shall prepare a lynching/mob violence victim compensation scheme.
- Cases of lynching and mob violence shall be specifically tried by designated court/fast track courts earmarked for that purpose in each district. The trial shall preferably be concluded within six months.
- To set a stern example in cases of mob violence and lynching, the trial court must ordinarily award maximum sentence upon conviction of the accused person.
- If it is found that a police officer or an officer of the district administration has failed to fulfil his duty, it will be considered as an act of deliberate negligence.
The Supreme Court’s decision comes as a welcome step in the context of growing incidences of mob lynching and is an effective step towards ensuring a mob lynching free nation.
