J’khand Governor sends Bill on lynching to Prez Murmu

Jharkhand Governor CP Radhakrishnan has sent the Jharkhand (Prevention of Violence and Mob Lynching) Bill, 2021, to President Draupadi Murmu for consideration, raising technical issues related to the law passed by the Hemant Soren government, people aware of the development said on Thursday.

A senior Raj Bhawan official said the Bill was sent to Rashtrapati Bhawan on Tuesday.

“The bill defines a group of two or more violent individuals as a mob, which is contrary to the definition of the same word given in the Indian Penal Code, which defines a group of five or more violent individuals as a mob. The Bhartiya Nyay Sanhita (BNS) made by the Central Government also defines a group of five or more people as a mob or crowd. How can the same term have different meanings in one country? It has legal implications, and the bill was sent to the President for consideration,” said the official, who did not wish to be named.

The Bill was passed by the assembly in December 2021.

The Jharkhand legislation has provision for jail terms ranging from three years to life imprisonment and fines of up to ₹25 lakh against those involved in mob lynching leading to “injury or death” of an individual.

The bill also provides for punishment for ‘conspiracy or abetment or attempt to lynch’; ‘obstructing legal process’; ‘dissemination of offensive material’ and ‘enforcing a hostile environment’, besides compensation for the victims as per the ‘compensation scheme’ of the state government.

When sent for his assent, the then Governor, Ramesh Bias, returned the Bill for reconsideration on March 18, 2022, pointing out two “mistakes” while exercising his power vested in Article 200 of the Constitution.

“Firstly, he had objections to the mismatch in the Hindi translation, and secondly, he also objected to the definition of mob. When the Bill was passed for the second time in the assembly on July 27, 2023, the translation was corrected, but the definition remained unchanged,” a Raj Bhawan official said.

The government sent the Bill for the second time to Raj Bhawan for assent.

“Thus, when it came before the new Governor, he thought it proper to send it before the President after taking legal opinion,” the official said.

THE BILL DEFINES A GROUP OF TWO OR MORE VIOLENT INDIVIDUALS AS A MOB, WHICH IS CONTRARY TO THE DEFINITION OF THE SAME WORD GIVEN IN THE INDIAN PENAL CODE, WHICH DEFINES A GROUP OF FIVE OR MORE VIOLENT INDIVIDUALS AS A MOB