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LUCID MAINS CURRENT AFFAIRS 2018

  1. 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

DEFINITION

  • Extrajudicial killing by a group of people without a legal trial .

NOT DEFINED IN

  • IPC
  • CrPC
  • Constitution

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

REASONS

  • 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 .

CHALLENGES

  • 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

WAY FORWARD

  • 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 .