Table of contentsSummaryIntroductionReasons and incidents of mob lynchingCaste and religionEconomic and politicalMob justiceWitch huntingLaw and order on mob lynchingLegislationJudicial approachGuidelines and solutions for lynching violenceConclusionSummaryMob lynching is often observed in India and it has become common in recent times. The reason for lynching by a mob is because they lost faith in law and justice due to abuse of power under law and policy. We live in a place where law and politics are praised as well as derided. So none of us have a position on one thing. Quite simply because everyone changes or acts according to the situation to protect themselves and survive. So, when there is inequality in law and policy, it leads to mob lynching in a particular society against law and policy. Mob lynching is well known thanks to the Dadri incident in India. Say no to plagiarism. Get Custom Essay on “Why Violent Video Games Should Not Be Banned”?Get Original EssayLynching means the killing of a person by a mob without legal approval. The main reasons for mob lynching in India are caste, religion, region, politics, witch hunting and intolerance. This article will discuss a study on various cases of lynching across India. And also the mob lynching in India has been on different issues which have been observed by the political parties of the country from their own point of view and whether the place is on the road or in Parliament they are using it to achieve their goals personal. political motivations. This is all because of one thing, that is, the law is for paper rather than people (when we compare it to the real scenario). IntroductionMob is English for an unbridled or disorderly crowd. Lynching can be termed as an American-Latin term, meaning a death sentence without any legal process. Therefore, mob lynching is the circumvention of the law by a group of people to enforce justice over what they consider to be right. Many innocent people were affected, and some even lost their lives without any crime. There are many reasons for mob lynching such as bigotry, casteism, theft, kidnapping, rape, squire Romeo, anti-nationalism, witchcraft. hunting, class conflicts and political reasons. Mob lynching activity poses a question mark over the rule of law, as a group of people themselves become the law, the judge and the executioner. In mob lynching, the involvement of the mob is certain, the process and type of violence is also, in one way or the other, the same. although the reasons, foundations and circumstances may be different. These crimes take place when people are incited to hatred and anger and are willing to take justice into their own hands. This violence is termed as a hate crime based on people's hatred towards a particular community, religion, region, caste or gender. It is crucial to ask why people suddenly view a person as harmful to society as a whole and make such a drastic decision to kill them. Lynching is an unlawful killing carried out by a senseless, morally corrupt mob. Mob lynching is not a new phenomenon in India: during the 1857 revolt, mobs attacked British civilians, in 1947, partition mobs attacked families, individuals in villages, towns and even burned properties of people of a different religion. Finally, thecollective violence during communal conflagrations, such as during the Sikh (1984), Christian Kandamahal (2009), Muslim riots, Bombay (1992), Gujarat (2002), Muzaffarnagar (2013) and Baksa riots (2015). ), more recently. Mob lynching has not been mentioned in the Indian legal system nor is there any specific law or punishment for lynching. This leads people to practice lynching in society thinking that there is no law about it. Reasons and incidents of mob lynching The recent increase in mob lynching in India reveals barbaric and disturbing human behavior. Mob lynching includes, in the eyes of the crowd involved in the lynching, the injury or murder of a criminal person or person accused of a crime against the community. Some of the most prominent cases of mob lynchings that have occurred in India are: Caste and Religion Violence in the name of caste and religion is deeply rooted in India. The increase in cases of mob lynching is mainly a result of intolerance and hatred of other religions and castes in the name of religion, its practices, traditions and beliefs. In September 2015, a Hindu mob lynched Mohammad Akhlaq and his Danish son accusing them of stealing and slaughtering calves and storing meat for consumption in Bidara village in UP, identified as the first case of Hindu mob lynching a Muslim in 2015. the name of the cow or the ox. The incident became famous as Dadri Lynching and brought shame to the country. In August 2018, Rakbar and his partner were moving cows on foot. He was targeted by VHP Gau Raksha on suspicion of being a cow smuggler. He died in police custody (Express, 2018). According to a recent report, there have been 24 cases of lynching and vigilante abuse, resulting in the murder of 34 people and rape of two women, mostly after 2015, in recent years and the victims belonged to the minority community Muslim and the Dakit family. Other minority communities, as well as the Muslim community, have also been threatened by lynch mobs. Attacks on Christians go unreported, but incidents involving churches and priests accused of converting Hindus to Christianity continue. So, in the name of faith and belief in something that they are lynching that is against the law, it leads them to blame the law simply because this activity is supported by society.Economic and PoliticalThe Economics and politics have always played a major role in mob lynching. In villages, mob lynching is the easiest way to obtain land and property. It is easy to rally crowds by making race, caste and gender a political agenda. In India, some political parties and groups are historically based on religion and caste, which spreads hatred in society to play their political card in elections, leading to mob attacks. This is the most modest and ideal approach to winning the political race. in India like the vast majority of people in India is strict, superstitious and enthusiastic. Additionally, they spark ideas to captivate the general public and exploit them as political leverage. Popular justice Due to ignorance of legal provisions and the consequences of violating the law, less rigor of the police and the slowness of the legal process, the people of India strive to be judges and take justice into their own hands. themselves by defining their own rules and regulations. In February 2016, JNUSU president Kanhaiya Kumar, arrested for sedition, was beaten by lawyers while he wasproduced in the Patiala court. In May 2017, an e-rickshaw driver was lynched by a mob of Delhi University students. The incident occurred after the driver stopped two drunk students from urinating in public, who then returned with a group of students to lynch the driver (First Post, 2017). In this, the crowd believes in justice by the way they think and by which innocent people are affected. Witch Hunting Witch hunting is the historical problem in India which is entirely based on mob lynching. after an Ojha confirms that a woman is a witch, the process of pursuing and executing that woman, often involving mass hysteria and lynching (The Prevention of Witch Hunting Bill, 2016). Witch hunting literally means assaulting and killing a woman suspected of having evil magical power. history of lynching. Notwithstanding national legislation, for example, the Constitution of India, the Indian Penal Code and the Protection of Human Rights Act, 1993, can be linked to the offenses of lynching. The National Crimes Records Bureau (NCRB), the main source of legitimate information on wrongdoing in India, does not record specific cases of lynching. Section 223(a) of the Criminal Procedure Code of 1973 provides that “persons or a mob involved in a similar offense in a similar event may be prosecuted together.” so far. Lynching cases are generally detailed in segment 302 for homicide, 307 for attempt to kill, 324 for causing hurt, 147 for rioting of the Indian Penal Code, etc. Provisions, for example, area 153A (promotion of ill will among gatherings and acts tending to support congruence); 153Bacts biased in favor of maintaining national reconciliation), 295A (acts intended to shock strict feelings); and 295B (words proposed to offend) of the Indian Penal Code are considered to be the law abhorring wrongdoing in India. We note that in a large proportion of lynching cases, these arrangements excluded police first information reports against the accused. Furthermore, even when wrongdoing has been recorded in these segments, the information is not broken down by gathering of personalities. There is no real way to know at this point the contrast between the “person in question” and the “culprit”. The situation of “collective brutality” discovered in the NCRB reports, with some bureau recording, is comparable. who the person in question was and who the culprits were. In conclusion, at best, the above laws are preservationist laws that constitute an offense when demand and friendship are upset and strict feelings are hurt. There is little that punishes “hate-driven” activity that verifiably includes wrongdoing by dominant groups against a powerless network. “Contempt violations are manifestations of malice and terror, usually coordinated toward gatherings now vilified and minimized.” Therefore, there is no disregard for wrongdoing to the detriment of these minorities. Without authentic documents, it is media reports and rare academic works that are the main sources of repugnant information against strict minorities in India, but these are not satisfactory. There are certain global and national instruments that reinforce the number of victims of mob lynching. For example, Article 7 of the Universal Declaration of Human Rights confers equality under the law, equivalent assurance of the law and security againstseparation. Article 20 of the International Covenant on Civil and Political Rights also states that "any promotion of national, racial or strict contempt which includes incitement to segregation, an antagonistic atmosphere or malice shall be limited by law." Judicial Approach In the landmark judgment of Tehseen S Poonawala and Others V. Union of India1 on July 17, 2018, comprising a three-judge bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud of the Supreme Court, recommended that the enactment of a special law on mob lynching by parliament could take place as "Fear of the law and reverence for mastery of the law constitute the foundation of a civilized society." The present petition has been preferred under Article 32 of the Constitution to take immediate and necessary action against the cow protection groups indulging in violence. In explaining the importance of safeguarding constitutional and statutory law, each court cited the Krishnamoorthy case. In the 2015 Krishnamoorthy case, the Supreme Court said that “law is the most powerful ruler in a civilized society. The majesty of the law cannot be tainted simply because an individual or group feels that it has been empowered by the principles set out in the law to take charge of its application and, gradually, to become a law unto itself. and punish the offender according to his own assumption and in the manner he deems appropriate. The Court observed that “no one is permitted to take justice into his own hands based on his superficial mind of judgment. Just as one has the right to fight for his or her rights under the law, the other has the right to be treated as innocent until proven guilty after a fair trial. ". In the case of Nandini Sundar and others v. State of Chhattisgarh, the court held that "it is the duty of the States, to endeavor, unceasingly and consistently, to promote fraternity among all citizens so that the dignity of every citizen is protected, nurtured and promoted. The Court held that preventing such incidents is the responsibility of States. In the case of Mohd Haroon and others v. Union of India and in another case it is held that “it is the responsibility of the State administration, in association with the intelligence agencies of the State and the Centre, to prevent recurrence of violence communities in any part of the country. State. If an officer responsible for maintaining public order is found negligent, he or she must be subject to the law. » In the present case, the Supreme Court ruled that “mob lynching constitutes a lack of respect for the rule of law and the values ​​of the Constitution. We can assert without fear of contradiction that lynching by unruly mobs and barbaric violence resulting from incitement and instigation cannot become the order of the day. Such vigilantism, whatever the aim or whatever the cause, has the effect of undermining the legal and formal institutions of the state and modifying the constitutional order. numerous incidents of lynching and mob violence which need not be specifically mentioned since we are going to issue certain instructions covering the area of ​​preventive, corrective and punitive measures. “The court says that in every district, there should be a nodal officer, a senior police officer, not below the rank of superintendent of police for taking measures to prevent incidents of mob violence and lynching. A special task force must be appointed to obtain intelligence reports on incidents, victims and perpetrators who spread hate speech and fake news...