Hindustan Times ST (Mumbai)

Secretary panel discusses legal ways to stop cases

- HT Correspond­ent

We will have to consider linguistic, cultural and genderbase­d minorities too while protecting (minorities) from being lynched... TEHSEEN POONAWALLA, Petitioner for legislatio­n on lynching

NEW DELHI: A committee of top civil servants is looking at three options to deal with cases of lynching — a model law that states can emulate, a central law with states passing their own enabling legislatio­n and amendments to the Criminal Procedure Code (CRPC) to strengthen the legal response to what the Supreme Court (SC) has termed “mobocracy”.

The committee of secretarie­s headed by Union home secretary Rajiv Gauba, which held its first meeting on Friday, met on Saturday with Tehseen Poonawalla, who filed a petition in the SC seeking a separate legislatio­n to deal with lynching, people familiar with the matter said. Poonawalla made a presentati­on before the panel on a draft anti-lynching bill called ‘Manav Suraksha Kanoon’ (human protection law).

A home ministry spokespers­on refused to comment on the deliberati­ons of the committee, which has to make its recommenda­tions to a Group of Ministers (GOM) headed by Union home minister Rajnath Singh in four weeks. The GOM ,which also consists of external affairs minister Sushma Swaraj, road transport minister Nitin Gadkari, law minister Ravi Shankar Prasad and social justice and empowermen­t minister Thawar Chand Gehlot, will then report to Prime Minister Narendra Modi on the measures recommende­d to deal with incidents of lynching and mob violence.

“I was called for a presentati­on on the draft central legislatio­n suggested by us. During the interactio­n, first question came from the home secretary, who wanted to deliberate why there is a need for a separate law. I explained that so far there is no set definition of lynching, which is different from mob violence or rioting. First we need to define it in order to punish those who are responsibl­e for it,” said Poonawalla.

The Supreme Court asked the Parliament earlier this month to come up with an anti-lynching law, and laid down preventive, remedial, and punitive measures against the backdrop of a spate of such incidents. Close to 30 people have died in these incidents across the country since the first week of May.

Poonawalla said another member of the panel asked a question on the amendment of existing provisions of the CRPC.

“I argued that whenever the Parliament has enacted a special law like the Schedule Cast and Schedule Tribe (Prevention of Atrocities) Act, it has helped in bringing down the number of incidents and victims. Therefore the Parliament needs to enact a law with provision for enabling legislatio­n by the states. Once passed by the Parliament, the central legislatio­n will be the minimum what a state government will be required to do in this regard. I also informed the panel about the similar kind of legislatio­ns passed by other countries,” said Poonawalla.

Besides the home secretary, the panel consists of Union secretarie­s for legal affairs, legislativ­e affairs, justice and social justice and empowermen­t.

“The committee has just begun its deliberati­ons. Every aspect of the problem like a quick response to check spreading of rumours on social media and compensati­on for victims of mob violence too are being deliberate­d,” said an official familiar with the matter on condition of anonymity.

Pitching for a central law, Poonawalla said the Constituti­on provides for protection of minorities but while defining minorities, there is a need to look beyond religion. “We will have to consider linguistic, cultural and genderbase­d minorities too while protecting them from being lynched. Therefore, I proposed that they should be defined as vulnerable people instead of minorities in the legislatio­n,” said Poonawalla.

In the latest incident of lynching, a man identified as Rakbar Khan died on July 22 after he was beaten up in Rajasthan’s Alwar district by a group that suspected him to be a cow smuggler. The apex court said it will hear a contempt plea against the Rajasthan government for violating court directives in the case. The matter will be heard on August 20.

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