The roots of this word “lynch” can be traced back to the American Revolution during which it was popularised through a slogan as “Lynch Law” which meant a punishment without any proper, legal trial.The phrase “Lynch Law” originated from two people who lived in Virginia (America) named William Lynch and Charles Lynch.Lynching is an intentional extrajudicial homicide by a crowd.It regularly involves carrying out casual public executions by mobs so as to punish supposed offenders, or to scare gatherings. Mob is an English word which implies „an excessive or uncontrolled group‟ which is the point at which an uncontrolled group acts with a common narrative to execute a denounced individual whom they deem criminal, or slaughters him in some way or the other; this is called Mob Lynching.
In the case of National Human Rights Commission v. State of Gujarat & Ors, Supreme Court stated as under:
“Communal harmony is the hallmark of a democracy. No religion teaches hatred. If in the name of religion, people are killed, that is essentially a slur and blot on the society governed by the rule of law. The Constitution of India, in its Preamble refers to secularism. Religious fanatics really do not belong to any religion; they are no better than terrorists who kill innocent people for no rhyme or reason in a society which as noted above is governed by the rule of law.”
One of the strangest causes for this menace in modern India are cow slaughter, smuggling of cattle or eating of beef. It is frequently the minorities such as Muslims and Dalit‟s who are targeted as the violator and suffer the most due to Mob Lynching‟s. Humanity kicks the bucket each time an uncontrolled mob kills a blameless individual for no rhyme or reason. The punishment which should be given for a homicide ought to be as per section 302 of theIPC. Lamentably, the individuals with blood on their hands don’t get punished for the wrongdoing they have submitted, in light of obvious lacunas in Sections 34 and 149 IPC, when perused with Section 302 of the IPC. What generally happens is that due to the nonsatisfaction of the fundamentals recommended in these areas, either the guilty party gets cleared or made at risk to a less serious punishment.
*Following cases are noteworthy in this regard:
Senior Advocate, K.T.S. Tulsi in an Outlook India article distinguishes mob lynching as a direct opposite to the rule of law. Besides this he also brings up that when the persons responsible for participating in the lynching are not captured quickly, it assaults the public trust in the Rule of Law and debilitates it. The author isn’t harping on the significance of the rule of law since this is the key for the best possible organization of Justice. It’s the standard and vital piece of any socialized society.
This article doesn‟t focus in suggesting a remedy as the Apex Court and Government are already on it but is rather an endeavour to display the bitter reality of this menace. The only conclusion of this horrendous act is exclusion of this practice from the mind of those insane offenders. Strict regulations have to be formed to curb this roadside justice system and restore faith in the Public Justice system set up by the Constitution of India.
1 Seema Uikey & Nidhi Debey, Mob lynching in India: What‟s app as social media to „anti‟ social media, International Journal of Humanities and Social Science Research.
2 Nitya Nand Pandey, Mob Lynching: A New Crime Emerging In Indian Society, http://www.ijrar.org/papers/ijrar1944490.pdf.
4 National Human Rights Commission v. State of Gujarat & Ors, (2009) 6 SCC 342.
5 Mob Lynching: A Crime That Exonerates The Offenders In India?, https://www.outlookindia.com/website/story/opinion-mob-lynching-a-crime-that-exonerates-the-offendersinindia/358031 .
6 Lynching Without End Fact Finding Into Religiously Motivated Vigilante Violence In India, https://sabrangindia.in/sites/default/files/report-lynching-without-end.pdf?92