Brief Overview On Protection From Lynching Bill 2019
Post on 10,August 2019   4:00 AM
By - Miss. Vibha Yadav
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Mob-Lynching is a combination of two words i.e. Mob means a group of people and lynching means an act of violence  whether spontaneous or preplanned, by a mob on the grounds of religion, race, caste, sex, place of birth, language, dietary practices, sexual orientation, political affiliation or ethnicity etc.

It has been observed the sharp increase in the cases of mob lynching in last 5 years and among all the cases, 86% cases reported from Rajasthan.

Though there are provisions in the IPC and CrPC but these are not adequate to deal with the severity of the problem.

Supreme Court view on the whole issue: There shall be separate class of offence for mob lynching and court must award maximum punishment in case of conviction to set an example. The state government need to identify districts, sub division and villages where the instances of lynching and mob lynching have been reported in the recent past and appoint a senior police officer in each district to prevent the incidents of lynching. In case of any disruption regarding coordination among the different districts, the nodal officer will report to the DGP. If a police officer or an officer of the district administration fails to fulfill his duty, it will be considered an act of deliberate negligence.

The governments at centre and state levels shall come together to spread awareness among  mob about the serious consequences of mob lynching and mob violence through radio, television and other media plateform.  The State Governments shall prepare a lynching/mob violence victim compensation scheme in the light of the provisions of Section 357A of CrPC.

Despite these preventive measure, if any case of lynching come into light the jurisdictional police station shall immediately lodge the FIR.

Features of Bill

Punishment : For grievous hurts, the Bill provides for jail terms up to 10 years and a fine of Rs. 25,000 to Rs. 3 lakh. In cases of the victims suffering simple injuries, the Bill proposes imprisonment up to 7 years and a fine up to Rs. 1 lakh.

For hatching a conspiracy of lynching or aiding, abetting or attempting such an offence, the Bill seeks to punish the offenders in the same manner as if he actually committed the offence of lynching.
Prevention:The Bill empowers the state police chief to appoint a state coordinator of the rank of inspector general of police to prevent the incidents of lynching in the state with the district superintendents of police acting as the district’s coordinator, to be assisted by a deputy superintendents of police, for taking measures to prevent incidents of mob violence and lynching.
The Bill also enlists various other offences related to the lynching such as dissemination of offensive materials, propagation of hostile environment and obstructing legal processes, which would be punishable with jail terms varying from three to five years.
the provision of compensation to victims by the state government as per the Rajasthan Victim Compensation Scheme.It also binds the state government to take necessary measures to rehabilitate the victims of mob lynching, suffering displacements from their native places.
Conclusive remark : Increasing rate of horrible incidents of mob lynching specially against minorities, continue question the very basic commitment of our fore father to provide the safe heaven to minorities. In today time when world is heading towards 4th industrial revolution, such a inhuman act on individual dignity is shameful. Both the governments need to legislate strongly on this matter and Rajasthan is already taken one step forward which must be praised by the intellectuals and Rajasthan must focus on proper implementation of act.

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