Lynching is an affront to the rule of law and to the exalted values of the Constitution. We may say without any fear of contradiction that lynching by unruly mobs and barbaric violence arising out of incitement and instigation cannot be allowed to become the order of the day. It is not wrong to say that lynching is a black dot on the face of humanity as well as on the face of law.
Such vigilantism, be it for whatever purpose or borne out of whatever cause, has the effect of undermining the legal and formal institutions of the State and altering the constitutional order. These extrajudicial attempts under the guise of protection of the law have to be nipped in the bud; lest it would lead to rise of anarchy and lawlessness which would plague and corrode the nation like an epidemic.
Unless these incidents are controlled, the day is not far when such monstrosity in the name of self-professed morality is likely to assume the shape of a huge cataclysm. It is in direct violation of the quintessential spirit of the rule of law and of the exalted faiths of tolerance and humanity.
It is most probably known to most literate persons that the Supreme Court on Tuesday (July 17, 2018) observed that “extra-judicial” acts like “cow vigilantism or any other vigilantism” and lynchings should be nipped in the bud. Besides, the court also passed certain guidelines to the Centre as well as the states such as fast-tracked trials, victim compensation, deterrent punishment and disciplinary action against lax-enforcing officials. It is quite heartening that the S.C. has taken a bold step in framing the guidelines. It is not irrelevant to mention here that the court passed the order while dealing with a batch of petitions filed by Congress activist Tehseen Poonawalla and others seeking directions to combat the menace of self-appointed vigilante squads lynching innocent people in the name of cow protection.
Apart from framing guidelines, the court has also declared certain remedial measures, which, if applied and acted upon honestly, will curb the aforementioned menace suitably. Out of several remedial measures the one that ‘the cases of lynching and mob violence shall be specifically tried by designated courts in each district. Such courts shall try cases on a day-to-day basis and should preferably be concluded within six months. While writing the judgment, the CJI is quoted to have said that ‘we may hasten to add that this direction shall apply to even pending cases.’ Every right-thinking person will acclaim the CJI for this.
Certain deterrent punishment has also been announced, one of which says that “the trial court must ordinarily award the maximum sentence under the provisions of the IPC. Under punitive measures, it has been declared that departmental action must be taken against police or district officials who fail to act against the perpetrators. Such failure will be considered an act of deliberate negligence and/or misconduct for which appropriate action must be taken. The action shall be taken to its logical conclusion preferably within six months.
It has been generally found that police personnel and district officials are not taken to task even under the gravest and most serious situation. They think themselves as above the law and/or any punishment. In other words, they act upon their own choice and will, crushing under their feet what the ethics and law demand of them. Partiality finds inroad in most of the police personnel and district officials. Undoubtedly, this goes against the spirit of what law and one’s own conscience and justice ask for.
Swami Agnivesh, an activist and social worker, has been kicked and punched in Jharkhand very recently. Like other social workers, he has been raising his voice against any sort of violence and calling a spade a spade boldly. Activists have likened the attack to mob lynchings in several states, including Jharkhand. It is reported that the assault on Agnivesh came on a day the Supreme Court asked the Centre to frame a special law against lynching.
Will the Central government awake from its slumber to honestly implement the guidelines framed, just a few days before, by the Supreme Court? I dare say the present government at the centre will hardly take any concrete steps in this regard. It is not forgotten how the Court has asked the Centre, the Uttar Pradesh government and other agencies in no uncertain terms that they must either restore the Taj Mahal or demolish it. It is not a small matter that the highest court of the land suggested the ‘demolition’ of the iconic marble monument. It clearly reflects its disgust at the Centre’s continued apathy towards the maintenance of the Taj Mahal. It is but an irony and sheer pity that the Prime Minister mentioned the Saraswati river and the government was willing to pump funds into proving the existence of a mythical river while the preservation of actual monuments is steadfastly avoided. It clearly highlights the nature of the impact that particular ideological strands can have on heritage. In the light of this it can rightly be said that mob violence on different grounds including lynchings will continue unabated because of the full support and backing of some politicians in the Central government and governments in the states under BJP rule, either fully or in alliance.
Undoubtedly, the Supreme Court observations on mob lynching have held a mirror up to the Prime Minister and the BJP central government under whose watch such crimes are being committed and private armies are allowed to rule the roost.
At last but not the least, we would solemnly urge the Prime Minister to break his silence on the behaviour of his own partymen and take action against anti-national elements and anti-Indian elements who seek to abridge the freedom of speech in our democracy. Further, we cannot and should not stand by, as mere spectators, when communal violence, mob lynching and hooliganism replace rule of law and rights guaranteed by our Constitution. We have the right to raise our voice and express freely and justifiably, against any violence and injustices meted out to any member in the society.
Shah Faesal, the 2010 –batch IAS topper from Jammu & Kashmir lamentably tweeted, which depicts the present India in true colour: “Population + Patriarchy + illiteracy + alcohol + porn + technology + anarchy = rapistan.”