25 July 2018

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Draft What should be provisions of a new law against lynching

Draft What should be provisions of a new law against lynching

What is Lynching?
Lynching is the practice of murder by a group by extrajudicial action.

Lynching is a murder committed by mob, who knows that government will not punish them and law will fail nothing will happen as elected government supports them indirectly and this belief encourages mob to murder people on suspicion without any legal authority and sanction.

Such type of murders happened in USA in 1800 and currently in India such murders are taking place and the number is growing day by day. According to the Tuskegee Institute, 4,743 people were lynched between 1882 and 1968 in USA.

social activists Tehseen Poonawala and Tushar Gandhi filed a contempt petition in Supreme Court of India regarding lynching in India. Last year SC court ordered the states to take preventive steps to reduce, stop the lynching but nothing happened.

senior advocate Indira Jaising told to SC that "Despite your order to the States to appoint nodal officers to prevent such incidents, there was a lynching and death just 60 km away from Delhi just recently,"

After hearing the petition Supreme Court of India condemned lynching incidents and recommended to Parliament. SC bench also said state and central governments have to take preventive, punitive and remedial measures to stop lynching incidents in future.  SC said whether a lynching happens as a result of cow vigilantism or because people believe someone is a child abductor, it doesn't matter – lynching is a crime Instances of vigilantism were actually acts of mob violence, which are a crime

Does India need a separate law to curb, stop lynching?
Yes India needs such a law. As SC already ordered the government to make a law, I do not think one should debate this question India needs a law against Lynching.
Yes India needs a law against lynching.

Now next question is what should be the provisions of law against lynching?

In short following should be the provisions of Law against lynching.
1- Murder by mob should be treated as rarest and rare cases and only punishment will be capital punishment or jail until death without parole, even SC can not grant them parole must stay in jail, only dead body should come out from the jail.

2- If Police officer sees  a mob murdering a criminal or innocent citizen it is duty of that police officer to save that person by using any methods.
He should order his sub ordinate to start recording the incident , he should warn the mob, fire in the air, he should do everything which he can do to save the man

3- The crime will be non bailable and criminals will not get the bail citing technical mistakes committed by police department. They will only get bail after filing of charge sheet.

4-The judge will be free to try the case as a summary trial if there is a video recording of the crime done by police department.

5- If Mob does not murder the citizen only injures him, in such cases the accused persons will get minimum compulsory 20 years of jail term to each accused without considering the age of accused. minor or adult both will be treated at par.

6- The purpose of the law should be to create a fear among the criminal minded people.

7- Mob has no right to beat a criminal or an innocent citizen, if mob takes law in their hand without going into character of a victim the accused people will get death punishment or a 20 year compulsory jail term.

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Wednesday, July 25, 2018

Tags – Mob Lynching India Cow Murders Muslim Muslims Law SC