People have less fear of being punished when they act in groups as it’s harder to identify real culprits. Further, there is dispersion of responsibility and guilt unlike in individual action. 

Political Patronage: In the competitive electoral politics, the culture of political mobilization based on social fault lines for polarization of electorate into vote banks and use of violence for garnering support and intimidating opponents, has gained strength. Few elected representatives also sometimes come out in open defense of the attackers. 

Given the state of the police and judiciary in the country, there is a wide-ranging perception that ‘culprits’ go unpunished, and that there is a chance that the accused in heinous crimes like rape, child lifting and cow-slaughter will go Scot-free. Vigilantism is a consequence of this basic failure of the government in providing justice. A recent report by Delhi-based NGO Common Cause and CSDS mentioned that, “35% of police personnel interviewed for the survey think it is natural for a mob to punish the “culprit” in cases of cow slaughter, and 43% think it is natural for a mob to punish someone accused of rape.” 

Rumors on social media: Misinformation and propaganda spread through platforms like Facebook, Whats App. E.g. recent rumors regarding child lifters have incited many impulsive and unplanned acts of violence across the country. 

The idea of the so-called form of ‘instant’ justice is immensely popular. Further, the socio- political framework of the country involves people with deep fissures and mistrust, prejudices and biases based on caste, religion etc. 

No database to analyse trends: As per Ministry of Home Affairs there is no record keeping on public lynching. Thus, making it difficult to draw conclusions and possible solutions to the problem. Further, in the recently released NCRB report for the year 2017, the data collected under the sub-heads of mob lynching, killed ordered by Khap Panchayat and murder committed for religious reasons has been omitted.

In certain state laws, there is a shifting of burden of proof on victims and consequently a presumption of guilt, which leads to filing of cases against the victims only. It leads to criminalization of certain professions such as that of transporters, butchers, leather workers, and the process itself ends up being the punishment in most cases. 

As in most cases, victims are the most vulnerable people of society - nomadic tribes, religious minorities, lower castes etc. This is threat to secular fabric of the country as diverse as India.

The lynching by mob create an atmosphere where human beings are dehumanized, freedom of speech, expression and personal choices are endangered and plurality and diversity is not accepted. 

The process of adjudication takes place within the courts of justice, and not on the streets. A crime cannot be an answer to another crime. Mob lynching reflects the loss of trust in state capabilities in justice delivery. 

Terrorism kills far fewer people than traffic accidents, but we have the most stringent laws against terrorism because it causes more than just deaths. It strikes fear in the daily lives of people, bringing cities to a standstill. Events of lynching mean to punish someone in a manner that others will see as a warning and a lesson. Many lynchings are actually hate crimes where identity of the victims seems to be the real cause behind the killing A study, by India Spend, says that of the lynching deaths reported between 2010 and 2017, 84% were Muslims. Every such case strikes fear in the hearts of minorities in India.

Tougher laws on cow slaughter, transportation of cattle, and mob attacks by cow protection groups have disrupted not just the cattle trade and the rural agricultural economy, but also leather and meat export industries linked to farming and dairy sectors. 

Management of unproductive cattle puts huge financial strain on farmers. Thus, animal markets aggregators become an indispensable institution for disposal of unproductive animals. But, in wake of mob attacks by cow vigilantes, such businesses have been adversely impacted. Mob vigilantism has seriously hurt the livelihood of nomadic herders (e.g. Banjara nomadic community in Rajasthan). 

States such as Manipur, West Bengal and Rajasthan have passed laws against mob lynching. The State Law Commission of UP recommended jail terms ranging from seven years to life imprisonment for those convicted for mob lynching. In its draft legislation, the commission also recommended, “up to three- year term for dereliction of duty by a police officer or a district magistrate.” Two high-level committees have been constituted by the Central government to suggest ways and legal framework to effectively deal with incidents of mob violence and lynching. One of the committees is being headed by Union Home Minister and the other by Union Home Secretary. Central government on its part has asked states to appoint a nodal officer in each district to prevent the incidents of mob violence and lynching.

Lynching based on identity discriminates against a whole community and violates Article 14 and Article 15 of the Constitution of India. 

A dedicated law would help create enough deterrence against such heinous crime. 

However, some experts feel that the lynch mob is a law and order challenge and there are enough provisions in IPC related to murder, attempt to murder, acts done by several persons in furtherance of common intention etc. to tackle such menace if implemented strongly and effectively. National Campaign Against Mob Lynching (NCAML) released a draft of a proposed law, MASUKA, or the Manav Suraksha Kanoon (a law to protect human beings). 

In Tehseen Poonawalla vs Union of India, 2018, Supreme Court condemned recent incidents of lynching and mob violence against Dalits and minority community members as "horrendous acts of mobocracy", and asked Parliament to pass law establishing lynching as a separate offence with punishment. Such a law should be effective enough to instill a sense of fear in the perpetrators SC said that such incidents “threaten rule of law and the country’s social fabric.” 

The court said the growing numbness of the ordinary Indian to the frequent incidents of lynchings happening right before his eyes in a society based on rule of law is shocking. 

It is also the obligation of the Center and the States to ensure that "nobody takes the law into his hands nor become a law into himself". 

• Mob Psychology and political patronage. 

• Administrative Failure and Perception that ‘culprits’ go unpunished. 

• Rumors on social media: E.g. recent rumors of child lifters on Whats App inciting violence. 

• Societal factors such as Popularity of ‘instant justice’, prejudice, intolerance etc. 

• No database to analyse trends: NCRB report- 2017, the data collected under the sub-heads of mob lynching has been omitted. 

• In Cattle Protection Laws of some states, there is shifting of burden of proof on victims and consequent presumption of guilt. 

• Fuel communalism and casteism 

• Freedom of speech and personal choices are endangered and plurality is not accepted. 

• Subverts rule of law 

• Fear Psychosis as it creates fear in the daily lives of people, bringing cities to a standstill. 

• Economic Impact on leather and meat export industries, livelihood of nomadic herders (Banjara of Rajasthan).

• CrPC Section 223(a): Provision for persons being charged for an offense jointly accused of the same offence committed in the course of the same transaction which is applicable on two or more people. 

• IPC Section 153A: Promoting enmity between different groups and doing acts prejudicial to maintenance of harmony. 

• Manipur, West Bengal and Rajasthan have passed laws against mob lynching. 

• The State Law Commission of UP recommended jail terms ranging from seven years to life imprisonment for those convicted for mob lynching. 

• Two high-level committees constituted by the Central government to effectively deal with mob violence and lynching. 

• Central government asked states to appoint a nodal officer in each district to prevent the incidents of mob violence and lynching. 

Supreme Court issued following directions: Designate a senior police officer in each district, identify districts, subdivisions and villages mob violence have been reported, broadcast on radio and television against lynching and mob violence shall invite serious consequences, curb and stop dissemination of irresponsible and explosive messages etc. 

By: Mohit Sharma

(Founder of We Aware You)