Priyansh Pratap Tiwari

Jun 08, 2023

RISE OF MOB JUSTICE: DISRUPTION OF LAW AND ORDER

EMERGENCE AND ANALYSIS

The word ‘lynching derives its word origins from the 18TH Century U.S, where it was used to describe the extra-judicial killing by a private individual but was later commonly used for killings by crowds. Though Indian languages do not have a word for lynching, These killings have been part of the Indian scenario long before the word origins. Women were forced to commit Sati or killings of the lower caste Dalits. There has been a constant increase in the graph for these lynchings, but the incumbent government has been in a state of denial, lynching for beef transportation has been the front runner in these cases. These also are termed communal violence as for the religious angle involved in these types of cases, and religious tolerance is the value that can be used to counter such ideas The question of religious tolerance among people was also highlighted in the case of Shri Adi Visheshwara of Kashi Vishwanath Temple, Varanasi and others v. State of UP and others, where the Court said that: Unity in diversity is the Indian culture and ethos. The tolerance of all religious faiths, respect for each other’s religion is our ethos. One of the challenges before the Courts is that they have to make the people realize the importance and the Rule of Law and provide a way of conduct to them to secure their rights and deliver justice. We can see that the Courts try to place the Constitutional values on the same pedestal as that of the religious values, thus strengthening the unity among the people. 

Media is one of the significant contributors in these cases; not just the mainstream but the various social media platforms have been a hub of information. Media is known as the 4th pillar of democracy. There are many reasons which can prove the above statement. Society has been witnessing the actions of media regarding any issue and the rapid reaction made to it by the parties concerned and involved. The Number of potential media has enough to bring about a change in society, both positive and negative and in our case, the latter seem to dominate. Social media nowadays is infamous for spreading fake news among the population of the country. Such rumours and fake news need to be removed from the social media domain as it leads to unwanted consequences because the speed at which the information travels is significantly fast, and such fake information at this rate of transmission can lead to outrage among various groups resulting in such incidents.

The Supreme Court of India has condemned these lynchings and given various guidelines for these incidents; it has also urged the parliament to enact legislation to deal with this problem, it has urged the state and the central government to work together and reduce such events it has also urged the district administration to step in and stop such spread of news which can cause social unrest among people. 

The rise in such incidents indicates that people have lost their trust in the Law, and to get justice to tend to use means that they seem fit. So the government must curb these by using legislation that various state governments have tried to enact, like Manipur and West Bengal that have prison terms and fines for such incidents. These laws also protect victims and witnesses from any coercion and involve setting up relief camps and rehabilitation centres for the victims and necessary compensation if required. Though these incidents come under section 153A of the IPC, there is a need for a separate law on these killings as specific laws help in speedy redressal of the issue and provide justice without delaying it.

CONCLUSION

There is no existence of good crime and bad crime. People may try to justify mob lynching on the grounds of swift justice or hurt to sentiments, but these do not hold any ground to waive away what is the procedure established by the Law. The crowd generally perceives that if the judiciary and police administration cannot provide them justice, they should own it themselves even if they have committed a minor offence such as theft. This, on the face of it, may seem to be vigilantism by a few groups in the society, but if this starts to become the trend, then this indicates that people in the country have lost their trust in Law and order. The current administration should focus more on reviving the lost trust and faith of the people in this judiciary and police system.

Moreover, WhatsApp and other social sites should be under supervision regularly so that such fake messages and videos can be stopped from being circulated on such a vast social platform. Investigation of such cases should be done without politicization of the issues, which will be more helpful. The need of the hour is that Politicians must rise above their political intentions and try to achieve a peaceful Environment in the Nation, which is full of Harmony between Caste, Religion and all other aspects dividing India instead of doing the politics of Divide and Rule.