Supreme Court Ruling: Supreme Court — anguished by what it described as ‘horrific acts of mobocracy’ — issued a slew of directions to the Union and State governments to protect India’s ‘pluralist social fabric’ from mob violence. The court felt compelled to act in the shadow of four years of surging hate violence targeting religious and caste minorities. It also urged Parliament to consider passing a law to combat mob hate crime.
Causative factors:
- With modernity, there is growth of individualism and an erosion of associational life and intolerance towards pluralism.
- Mob has no face, this impunity leads mob to take extreme steps.
- Weakening of civil society organizations and other organic institutional links.
- Culture of political mobilization that uses violence as a tool of politics.
- Indifferent Attitude
- towards other cultures and religions.
- Of Police leads people to take law in their own hands. For example, Tamil Nadu Lynching
- According to India spend report,
- in 21% of the cases, the police filed cases against the victims/survivors.
- 52% of attacks in last 8 years are based on rumours.
- Rise in penetration of Social media and its usage to spread rumours and hatred. For example, Bangalore Exodus of North east people.
- Growing Prevalence of Fake news and Hate News. For example, Dadri Lynching. There are instances of organized hate campaigns as well.
- Ineffective and delayed justice. For example, Manipur Lynching of rape accused.
- High Unemployment rates leave millions of youth unengaged. For example, Manesar Maruti Plant Incident
Measures needed:
- Government should criminalize the act of mob violence. Manipur became the first to pass a remarkable law against lynching, late last year. The precedent should be followed in other states too.
- Awarding of penalties on public servants for failing to investigate properly due to malafide intentions or wilful neglect of their duties.
- Establishment of Special Courts for the trial of mob violence.
- Empowering local law enforcement officials to take pre-emptive action.
- There needs to be continued responsiveness on part of the local administration in dealing with anxiety and suspicion in local communities.
- Create a mechanism to insulate investigations of communal violence from political interference.
- Community Sensitisation and awareness through multi-media campaigns.
- Counter-information campaign to check fear-mongering and fake news.
- Strengthen civil society Organisation. This helps to nurture solidarity.
- Re-orient values and traditional principles towards enhancing compassion, empathy and fraternity among people.
- Find productive engagement avenues for large unemployed or under-employed youths.
- A targeted region specific approach is need of the hour as reasons for such acts vary widely across space.
- Police reforms are vital along with sensitization drive to make transformational changes in their behavioural and attitudinal approach towards tackling of crime.
Way forward:
- The term ‘hate crimes’ should also be added as a provision in the comprehensive definition of the “lynching”.
- Others states’ and centre should follow suit and legislate a law for anti-lynching as per SC directives.
- Rehabilitation should be done at the ground level to make the victims spring back to normalcy.
- Measures to curb spreading of fake news on social media should also be looked at parallel.
Conclusion:
Parliament must create a special law against lynching, asserting that “fear of law and veneration for the command of law constitutes the foundation of a civilised society”.
UPSC CSE Notes 