LUCID MAINS CURRENT AFFAIRS 2018
- MOB LYNCHING
NEED TO FOCUS ON MOB LYNCHING
- Cases reporting of mob lynching has increased recently.
- SC has issued guidelines to control mob lynching and recommended for a new law by parliament.
- International attention
- Extrajudicial killing by a group of people without a legal trial .
NOT DEFINED IN
CURRENT STATUS OF ANTI LYNCHING LAW
- At present there is no law that criminalise mob lynching
- Currently they are punished under CrPC section 223(a) – persons accused of the same offence committed in the course of same transaction.
- Section 302 IPC -attempt to murder
- Section 120 IPC – criminal conspiracy….etc
- Spread of hate speech and fake news through social media
- Caste conflicts – often targets minorities.
- Rising cow vigilantism (Dadri lynching)
- Child kidnapping .
- Public outrage over sensitive issues and lack of infrastructure and officials to control the incidents (eg – Dinampur lynching Nagaland )
- Failure of law and order machinery .
- Poor record of punishment of the perpetrators of mass lynching .
- Inefficient and slow justice system .
- Endanger the communal and social harmony in the country .
- Insecurity among minority increase
- Affect leather industry and export .
- Ruin India’s international image as a business friendly country .
- Affect Indian tourism .
- Affect economic growth .
- Lack of faith in judicial mechanism to deliver justice .
- Threat to democracy .
- Challenge the very basic rule of law
- Destroy law and order in the country
GUIDELINES GIVEN BY SC
- Appointment of senior policemen as nodal officers in sensitive districts
- Effective highway patrolling .
- Lodging FIR without delay .
- FIR against people spreading explosive messages and videos .
- Action against police officials and administrative officials who fails to uphold the law .
- Recommended parliament to enact a separate law for mob lynching .
- Recommended states to draw up a compensation scheme for lynching victim or next of kin within 30 days .
- Setting up of fast track courts. .
STEPS TAKEN SO FAR
- High level committee headed by Rajiv Gauba had been constituted by the government to check mob lynching .
- Committee will submit report to GOM ( group of ministers) headed by Home minister .
- WhatsApp restricted forward messages to 5 chat only .
- MASUKA (Manav suraksha kanoon ) – Draft law proposed by the national campaign against mob lynching .
- “Not in my name “campaign
- Awareness campaign to build trust among the communities and to prevent fake messages .
- Double check on authenticity of the message before forwarding .
- Police reform – improving organizational capacity and insulate from political pressure, special training to manage mob
- Effective enforcement of the law
- Active role by civil society and NGO
- Speedy trial and justice to the victim ensure trust and boost confidence in judiciary .
- Give more role to local administration .