DNA Edit: Supreme Court takes on lynching – Its directives make Centre and states accountable

A new normal – lynching – that takes a 21st century India into the Dark Ages has impelled the Supreme Court to take a tough stand. It has directed the central and state governments to take stringent measures and recommended Parliament to formulate a new law to deter crimes of lynching. Ironically, once again the apex court had to come to the aid of the people because the political class has been largely silent about the growing phenomenon of mobocracy that has virtually “inundated the law of the land”. For the last few years, it appeared that the laws of the land are either inadequate or hopelessly dysfunctional in the face of such horrendous crimes where mobs acted with total impunity and in some cases gained political patronage. 

Throwing caution to the wind, Union minister Jayant Sinha had garlanded eight men who were convicted of beating to death a meat trader on the suspicion that he was carrying beef in his car. It was only after his act of solidarity with cow vigilantes drew severe criticism did Sinha express remorse by “unequivocally condemning all acts of violence, including vigilantism”. But, such damage control has little effect on potential perpetrators who sensed a minister’s approval for a certain kind of crime. Mob ‘justice’ has assumed various forms in the recent past, ranging from murder, attempt to murder, harassment, assault and gang-rape. 

Inept law-and-order machinery responded on an ad-hoc basis, their actions lacking firmness and decisiveness. There has been only one conviction in a lynching case – by a Jharkhand fast-track court – when, according to an IndiaSpend analysis, in 2016 alone, 25 such attacks had been reported all across the country. The SC’s measures are holistic, making both Centre and states responsible for this joint action plan. The appointment of nodal officers at least of the rank of SP in every district will make high-ranking police officers accountable for maintaining law-and-order. 

However, an intelligence network at the ground level will come in handy to prevent mobs from going berserk. The Court has also mandated arrests of rumour-mongers and senders of inflammatory videos. In one such case, the UP police have booked two administrators of a WhatsApp group who had circulated provocative messages with the intention of causing violence. Another crucial Court directive is about compensating victims/kin within a month. That would send a clear message from a state government that it stands resolutely behind the victims and their families in their hour of crisis. 

Last but not the least, is the task of expediting convictions where the trial courts should hand out maximum punishment to perpetrators. A harsh central law coupled with prompt sentences will work wonders as a deterrent, instilling the fear of law in the hearts of people who seek refuge in numbers to escape the law. Though faceless, a mob is not an amorphous entity. It has a well-defined design or purpose: to single out men, preferably strangers, as targets of violence. Till now it has been successful, much to the fear and chagrin of civil society. It’s time for a crackdown and restoring faith in governance.