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IAS Foundation 2023-24, Batch Starts: 27th July

Increasing incidents of Mob-lynching

  • Category
    Polity & Governance
  • Published
    17th May, 2022

Overview:

  • What is Mob Lynching?
  • Why is it considered to be bad for a country like India?
  • What is the position of Indian Judiciary on Anti-Cow Slaughter Bills?
  • What is the Way Forward?

Context

The recent death incident of two tribal men in Madhya Pradesh due to beating received by them on suspicion of cow slaughtering has caused a question on Fundamental rights and ambit of cow slaughter laws in India.

Background

What is Mob Lynching?

  • It is a form of violencein which a mob, under the pretext of administering justice without trial, executes a presumed offender, often after inflicting torture and corporal mutilation.
  • The term lynch lawrefers to a self-constituted court that imposes sentence on a person without due process of law. 

Why is it considered to be bad for a country like India?

  • The incidences of cow lyching have stigmatised communitiessuch as Dalits, Muslims and tribals for their dietary habits and their dependence on cattle products for a livelihood.
  • It has been seen that the brunt of the mob violence has been mostly being borne by Muslims, Dalits and Tribal.
  • In such cases the reaction of law enforcement agencies has also being called into question.
  • It has also been observed that those getting involved in mob lynching go scot free while those involved in supposed cow slaughter are arrested.
  • Anti-cattle slaughter laws therefore are seen an expression of majoritarian will rather than a step toward animal protection.

What is the position of Indian Judiciary on Anti-Cow Slaughter Bills?

  • Relying on the provisions of Articles 48, 48A and 51(A) of the Directive Principles of State Policy of the Indian Constitution, the Supreme Court of India has justified total ban on cattle slaughter.
  • The above provisions seek to preserve breeds of cattle used in agriculture and animal husbandry.
  • These provisions also identify promotion of animal husbandry to be an important Constitutional goal.

What is the Way Forward? 

  • The police should actively take action against the persons having alleged in mob lynching.  
  • At this point of time four States i.e. Rajasthan, Jharkhand, West Bengal and Manipur, have passed laws against lynching.
  • It is important for the society to realise that mob lynching has no place in democratic country like India and even if cow slaughter is a crime, punishment for the same shall be ordered by the Court of Law.

Practice Question

Q1. Incidents of mob lynching are on the rise leading to surge in hate violence. What are the possible reasons for this trend? Also, suggest ways to
address it.

Q2. Mob lynching is not only an assault on an individual but an attack on the collective conscience of society. Comment.

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