unacademy 17th January 2019 Important Editorial Discussion(Showing The Way: On Manipur's New Anti- lynching Law) Presented By: Prabhakar Jha
It has been already six months since the Supreme Court described mob lynchings as 'horrific acts of mobocracy'- and, issued a slew of directions to the Union and State governments to protect India's pluralist social fabric from mob violence. Despite this the Union and most State governments have done little to comply with the directions of India's highest court.
Need for Anti-Lynching Laws . There has been increase in number of lynching all over the country because of spread of fake news. About 86% of those killed belonged to vulnerable communities and minorities. . In 21% of the cases, the police filed cases against the victims/survivors. . Cow-related lynchings rose sharply in 2017, with 20 attacks in the first six months. This marks a 75% increase over 2016, which had been the worst year for mob lynchings since 2010. Police and Public Order are State subjects under the Seventh Schedule to the Constitution of India. The responsibility to maintain law and order and protect life and property, therefore, rests with the respective State Governments. . The Ministry of Home affairs have, however, issued advisory to the States and UTs, from time to time, to maintain law and order and ensure that any person who takes law into his/her own hand is punished promptly as per law.
. The Manipur law closely follows the Supreme Court's prescriptions, creating a nodal officer to control such crimes in every State, special courts and enhanced punishments. Its definition of lynching is comprehensive, covering many forms of hate crimes. These are "any act or series of Manipurof acts of violence or aiding, abetting such act/acts Anti- thereof, whether spontaneous or planned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation, ethnicity or any other related grounds.. . The most substantial and worthy contribution of the law is that it is the first in the country dealing with the protection and rights of vulnerable populations which creates a new crime of dereliction of duty of public officials. Law
Lacunae The majority of hate crimes were indeed by mobs of attackers and onlookers, but there are solitary hate murders as well, such as of the Bengali migrant Mohammad Afrazul in Rajasthan. This restriction of numbers is arbitrary, since the essence of what distinguishes these kinds of crimes is not the numbers of attackers but the motivation of hate behind the crimes; therefore, provisions of this law should apply to all hate crimes, not just lynching, regardless of the numbers of persons who participate The law, excludes from its provisions solitary hate crimes.
GS And GA faculty @ Mahendra's Coaching Institute. Teaching Polity, and international relations for 7 years