Supreme Court asks Parliament to bring in special law against lynching as offence and punishment

Date :17/07/2018

The Supreme Court today requested that Parliament pass law establishing lynching as a separate offence with punishment, to deal with the incidents of lyncnhing across the country saying ‘mobocracy can’t take over’ and that law and order is the government’s responsibility.

 
“we think it appropriate to recommend to the legislature, that is, the Parliament, to create a separate offence for lynching and provide adequate punishment for the same. We have said so as a special law in this field would instill a sense of fear for law amongst the people who involve themselves in such kinds of activities. There can be no trace of doubt that fear of law and veneration for the command of law constitute the foundation of a civilized society”.
 
On mob killings for the sake of cow security, the Supreme Court today said no citizen can take the law into their hands and the government must act. 
 
"It is the state's duty to ensure order and prevent mobocracy," the court said today.
 
A three-judge Bench led by Chief Justice of India Dipak Misra held that it was the responsibility of the State to secure its citizens and guarantee that the "pluralistic social fabric" of the nation holds against mob violence.
 
“The horrendous acts of mobocracy cannot be permitted to inundate the law of the land. Earnest action and concrete steps have to be taken to protect the citizens from the recurrent pattern of violence which cannot be allowed to become “the new normal".
 
"The State cannot turn a deaf ear to the growing rumblings of its People, since its concern, to quote Woodrow Wilson, “must ring with the voices of the people.” 
 
"The exigencies of the situation require us to sound a clarion call for earnest action to strengthen our inclusive and all-embracing social order which would, in turn, reaffirm the constitutional faith. We expect nothing more and nothing less”.
 
The Supreme Court Bench orders Centre and States to implement measures and file compliance reports within the next four weeks.
 
“In times of chaos and anarchy, the State has to act positively and responsibly to safeguard and secure the constitutional promises to its citizens”.
 
“Horrendous acts of mobocracy cannot be allowed to become a new norm and has to be curbed with iron hands,” it said, adding that states cannot turn a deaf ear to such incidents.
 
“No one can take the law into their hands. No one can become law unto themselves. Recurring pattern of violence cannot be allowed to be the new norm,” the bench said.
 
“No one has the authority to enter into the said field and harbour the feeling that he is the law and the punisher himself. A country where the rule of law prevails does not allow any such thought. It, in fact, commands for ostracisation of such thought. It, in fact, commands for ostracisation of such thoughts with immediacy.”
 
The Bench ordered the Center and states to take preventive, reformatory and therapeutic measures to quit lynching occurrences in future. It has issued detailed rules regrading the same.
 
“The measures that are directed to be taken have to be carried out within four weeks by the Central and the State Governments. Reports of compliance be filed within the said period before the Registry of this Court”. states the Order
 
On July 3, A bench of Chief Justice Dipak Misra and Justices A. M. Khanwilkar and D. Y. Chandrachud had reserved its judgment on a string of writ petitions filed by, inter alia, Congress leader Tehseen Poonawalla and the great-grandson of Mahatma Gandhi, Tushar Gandhi, in the light of the rising instances of cow vigilantism.
 
Also read-