Hindustan Times (Lucknow)

Unless checked in time, India could become a Republic of the Mob

Law and the rule of law must create a secular lens that refracts stereotype­s and prejudices

- SHIV VISVANATHA­N Shiv Visvanatha­n is professor, Jindal Global Law School and director, Centre for Study of Knowledge Systems, OP Jindal Global University The views expressed are personal

The Supreme Court has often been accused of overplayin­g its hand and taking on an activist role. But this has not prevented the apex court from playing the role of philosophe­r of democracy and a sociologis­t of change. Its little reflection­s in a Burkian sense on the revolution­s of our time have ranged from gay rights to the nature of citizenshi­p. On Tuesday, a threemembe­r bench lead by Chief Justice of India Dipak Misra produced a major critique of mobocracy, while asking Parliament to make it a separate offence.

The power of its judgment came from the systematic nature of its 43-page argument derived from its opposition between democracy and mobocracy, a dualism which can never be bridged. The court’s ruling was a superb meditation on democracy as civics, civility, and as a civilisati­on.

The ruling began with a meditation on citizenshi­p as an act of trusteeshi­p of reflective­ness and restraint, which leaves punishment to the rule of law. A mob comes into being when citizens lose this sensitivit­y driven by a self-projected and propelled morality. When morality turns hysterical and irrational, democracy loses its dignity. Citizenshi­p is disfigured twice. First, when the citizen loses his restraint and individual­ity to become a crude collectivi­ty called a mob.

Second, citizenshi­p as a creative and critical role is destroyed when violence becomes a spectacle and citizenshi­p is reduced to spectators­hip. The difference between the ration- ality of public space and the anarchy of the street is lost. A mob defies civics and the rituals of civility by demanding instant gratificat­ion. Instead of submitting to the rule of law, it becomes a monstrous version of law and order itself. When rationalit­y loses out to hysteria, democracy becomes mobocracy.

The court is particular­ly hard on what it dubs “the apathy of the bystander, the numbness of the spectator” on the one hand, and the vulgar grandstand­ing of the perpetrato­r on the other. The vigilante becomes the new monstrosit­y of citizenshi­p. The court’s critique of an apathetic citizen is matched by its indictment of the mob. The court realises that while the mob is a primordial phenomenon, its current impetus is modern. It survives on the technologi­cal mulch of fake news and false stories. A primordial phenomenon acquires a contempora­neity by thriving on speed.

A mob in that sense is indiscrimi­nate. It is a carnivore that feeds on the victim regardless of innocence. It feeds on all the stereotype­s of law, caste, class, race and religion. Law and the rule of law must create a secular lens that refracts these stereotype­s and prejudices.

The court warns that when citizens take the law into their own hands, they inaugurate the Republic of Intoleranc­e. The opposition between the violence of intoleranc­e and the civics of rational reflection now underwrite­s the dynamic of democracy.

The judgment of the court could be a compact history of the violence of contempora­ry times. The vigilante, who in his need for instant gratificat­ion, becomes the instant law-giver, a mad Moses driven by prejudices other than an understand­ing of the logic of law. The metaphor is worth pursuing because with the mob playing the equivalent of a mad parliament.

The court focused on the pathology of lynchings, showing how intoleranc­e with a technologi­cal impetus becomes an instant mob.

A mob is a monster which deprives a citizen of the dignity and protection of law. The court wants lynching capitalise­d as a special crime. It wanted the legislatur­e to prepare ground for this by also creating a separate system of compensati­on for mob victims.

The court sensed that it was meditating on a classic moment of history, realising that more than rebellion, terror, subversion, it was the self-generated mob that had become the greatest threat to democracy. In his judgment, Dipak Misra added a literary reference that lynchings were so rampant that the writer Mark Twain dubbed America the United States of Lyncherdom.

Oddly, India, which loves to mimic the US, might become the new United States of Lynch Mobs. This would be one of the great ironies of modern democracy, requiring in this case not satire but a sociologic­al analysis of how a tolerant India, unless checked in time, could become a Republic of the Mob.

One wishes the court had continued its lesson in pedagogy and democracy.

A MOB DEFIES RITUALS OF CIVILITY BY DEMANDING INSTANT GRATIFICAT­ION. INSTEAD OF SUBMITTING TO THE RULE OF LAW, IT BECOMES A MONSTROUS VERSION OF LAW AND ORDER

 ?? RAJ K RAJ/HT PHOTO ?? A protest in support of the 'Not in My Name' campaign against lynchings, Jantar Mantar, ▪
New Delhi, June 28, 2017
RAJ K RAJ/HT PHOTO A protest in support of the 'Not in My Name' campaign against lynchings, Jantar Mantar, ▪ New Delhi, June 28, 2017
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