SC says no mobocracy, need anti-lynching law

Court for providing deterrent punishment to offenders

The Supreme Court on Tuesday directed the Centre and all states and Union Territories not to allow “cow vigilantism” or “lynching” by any group or mob by taking law into their hands and nip it in the bud.

A three-judge Bench of Chief Justice Dipak Misra and justices A.M. Khanwilkar and D.Y. Chandrachud dealing with a writ petition filed by Tehseen S. Poonawalla suggested to Parliament to enact a law to make lynching a separate offence including the provision for compensation to victims.

The Bench said, “We think it appropriate to recommend to the legislature, i.e, Parliament, to create a separate offence for lynching and provide adequate punishment for the same. We have said so as a special law in this field would instill a sense of fear for law amongst the people who involve themselves in such kinds of activities. There can be no trace of doubt that fear of law and veneration for the command of law constitute the foundation of a civilised society.”

Writing the judgement the Chief Justice said, “Vigilantism couldn’t, by any stretch of imagination, be given room to take shape, for it is absolutely a perverse notion. There can be no shadow of doubt that the authorities which are conferred with the responsibility to maintain law and order in the states have the principal obligation to see that vigilantism, be it cow vigilantism or any other vigilantism of any perception, does not take place.” The horrendous acts of mobocracy cannot be permitted to inundate the law of the land, the court said.

The Supreme Court has called for an anti-lynching law. I offered a private member’s Bill two sessions ago but was disallowed by the Speaker on the grounds that law & order is for the states & not for Parliament to legislate. The SC disagrees. SHASHI THAROOR, Congress MP

It is a matter of grave concern. Several innocent Dalits and Muslims were lynched on the cow slaughter issue. We will approach the governments in various states and hand over a draft Bill we have prepared on how to deal with the mob lynching. — ASADUDDIN

OWAISI, AIMIM chief

The SC has shown the mirror to the ministers and the PM under whose watch these crimes are being committed, — SITARAM YECHURY, CPM general secretary