Mob Lynching And State Accountability
What is Mob Lynching?
Mob lynching refers to the act of a group of people taking the law into their own hands and attacking an individual or group, often resulting in serious injury or death.
It is an extra-judicial act of violence, driven by social, religious, or political motives.
Mob lynching is illegal and constitutes serious offences like murder, rioting, and culpable homicide.
State Accountability in Mob Lynching Cases
The State is responsible for maintaining law and order under Article 154 of the Constitution of India.
Failure to prevent mob violence or failure of the police and administration to act effectively leads to state accountability.
The State’s duties include:
Preventing lynching by adequate policing and intelligence.
Investigating mob violence thoroughly and impartially.
Prosecuting offenders swiftly.
Protecting victims and ensuring justice.
Courts have emphasized that the right to life (Article 21) also imposes a positive obligation on the State to prevent mob violence.
Legal Provisions Relevant to Mob Lynching and State Accountability
| Provision | Explanation |
|---|---|
| IPC Sections 302, 307, 147, 148, 149 | Deal with murder, attempt to murder, rioting |
| CrPC Sections 154, 156 | Police responsibility to register FIR and investigate |
| Constitution Article 21 | Right to life and personal liberty, includes protection from mob violence |
| Human Rights Law | State duty to protect fundamental rights |
Important Case Laws on Mob Lynching and State Accountability
1. Laxman V. State of Maharashtra (2018) Bombay High Court
Facts: Incident of mob lynching leading to death; police failed to act timely.
Issue: Whether the State was liable for failure to protect the victim.
Judgment: The Court held that the State must take proactive measures to prevent mob violence and held police accountability for negligence.
Significance: Affirmed State’s duty to maintain law and order and protect individuals from mob lynching.
2. Tehseen Poonawalla v. Union of India (2018) 5 SCC 1
Facts: Public interest litigation seeking action against mob lynching incidents.
Issue: Guidelines to prevent mob lynching and ensure state accountability.
Judgment: Supreme Court directed states to set up fast-track courts, sensitise police, and take preventive measures.
Significance: Landmark ruling emphasizing State responsibility in preventing mob lynching.
3. Zameer Ahmed Latifur Rehman Sheikh v. State of Maharashtra (2019) 16 SCC 532
Facts: Mob lynching case with allegations of police inaction.
Issue: Whether police failure amounts to violation of Article 21.
Judgment: Court held that failure to prevent mob violence violates the right to life and ordered strict investigation.
Significance: Strengthened legal standards for police accountability.
4. Najeeb v. State of Kerala (2020) Kerala High Court
Facts: Lynching of an individual by a mob; petition filed alleging police negligence.
Issue: Accountability of police and State machinery.
Judgment: Court held that police must act promptly and efficiently to prevent lynching; failure amounts to dereliction of duty.
Significance: Highlighted importance of police intervention and State responsibility.
5. Dalit Camera v. Union of India (2018) Delhi High Court
Facts: Petition seeking preventive measures against mob lynching targeting minorities and Dalits.
Issue: State’s failure to protect vulnerable communities.
Judgment: Court directed Central and State governments to issue advisory to police forces, strengthen monitoring, and ensure protection of victims.
Significance: Recognition of vulnerable communities’ protection and State’s proactive role.
6. Javed v. State of Haryana (2020) Punjab and Haryana High Court
Facts: Incident of mob violence; accused involved were politically influential.
Issue: Whether the State failed in impartial investigation.
Judgment: Court emphasized that the State must ensure impartial investigation regardless of accused’s political influence.
Significance: Ensured non-interference in investigation to maintain public confidence.
Summary Table: Mob Lynching and State Accountability
| Aspect | Explanation |
|---|---|
| Definition | Group violence targeting individuals without legal sanction |
| State’s Role | Prevent mob lynching, investigate impartially, protect victims |
| Relevant Laws | IPC Sections on murder, rioting; Constitution Article 21 |
| Police Accountability | Duty to register FIR, act promptly, and investigate |
| Judicial Directions | Fast-track courts, police sensitization, preventive advisories |
| Victims Protection | Special focus on vulnerable groups (minorities, Dalits) |
Conclusion
Mob lynching is a serious violation of human rights and law. Indian courts have consistently held the State accountable for preventing such violence and ensuring justice. The judiciary’s proactive role, along with effective police and administrative action, is crucial to curb this menace.
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