A recent incident in Shamli, India, has brought up sensitive topics of mob lynching and the spread of misinformation. Firoz Qureshi, a man from the district, died on July 4th, 2024. While his family alleges he was the victim of a mob lynching, the police claim it was a scuffle and have instead filed an FIR against five people, including two journalists, for allegedly promoting enmity between communities through social media posts. This case highlights the complexities surrounding mob lynchings in India, where social media and investigations can fuel accusations and are crucial to determining the truth.
What is Mob Lynching?
Mob lynching is a brutal act where a group of people take the law into their own hands. They attack someone, accusing them of a crime, often based on rumors or suspicion, without a trial or any kind of legal process. They get severely beaten or even murdered.
Mob lynching is a serious threat to the rule of law and a violation of basic human rights. It destroys trust in the justice system and creates a climate of fear.
Stats on mob lynching in India
- Mob lynchings in India have seen a sharp rise in recent years, with a 75% increase in 2017 compared to 2016, which was the worst year since 2010.
- From 2010 to 2017, there were 63 incidents of cow-related violence, resulting in 28 deaths and 124 injuries.
- In 2020, there were 23 reported incidents of mob lynching that claimed 22 lives, down from 107 incidents in 2019 – a 78% decline, likely due to the COVID-19 pandemic and lockdowns.
- Out of the 23 incidents in 2020, 10 were directly linked to Hindu nationalist ideology, including 7 cases related to suspicions of cow slaughter.
- According to data monitored by the Centre for Study of Society and Secularism (CSSS), there were 16 incidents of communally motivated mob lynching in 2021, down from 23 in 2020.
- In 2022, 18 incidents of mob lynching were recorded, a slight increase compared to 2021. The victims were mainly from minority communities, with the majority of those killed being Muslims.
- Incidents of mob lynching continued in 2023, with 22 cases recorded, resulting in 15 deaths. Most of the victims were from minority communities and Dalit communities, targeted on suspicion of cow slaughter or inter-religious relations.
- As of July 2024, 3 incidents of mob lynching have been recorded, including a June 7 attack in Raipur, Chhattisgarh, where three people were lynched by a Hindutva mob while transporting cattle.
- Most incidents were based on rumors, with 52% of the attacks being triggered by false information.
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Causes of mob lynching in India
The causes of mob lynching incidents in India depend on various aspects, including:
- A rumor, social media post, or even a personal dispute can stoke the anger of the crowd. Often, people have not confirmed the allegations.
- False information spreads rapidly, increases tension, and leads to the conviction of the accused without a trial.
- If people lose faith in the justice system’s ability to deliver swift and fair punishment, they may resort to taking the law into their own hands.
- In a crowd, the feeling of anonymity and shared purpose can encourage individuals to do things they could not do alone.
- Motivated by anger and misinformation, the mob attacks the alleged offender, often leading to serious injuries or death.
- The true culprit is never found and the victim’s family is devastated. Due to this incident, trust in law and order has further diminished.
- Deeply held religious beliefs about cow protection can be manipulated by some people to target individuals, especially from minority communities, who are falsely accused of harming cows.
- Prejudice based on caste, religion, or ethnicity can make people victims of mob violence. Historical grievances and social divisions can be easily exploited by those who wish to create discord.
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Impacts of Mob Lynching
Mob lynching doesn’t just scar the victims; It flares up to injure the entire society. This shows the lack of conscience among some people in India, which is extremely heartbreaking. Some of the major effects are:
- The most immediate and tragic consequence is the death of innocent people. Rumors, suspicions, and prejudice that fuel these attacks, denying victims any chance to defend themselves.
- Mob lynching creates an atmosphere of fear, especially among minority communities. People become afraid to travel freely, express themselves openly, or trust their safety.
- These acts bypass the legal system, sending a dangerous message that vigilante justice is acceptable. This undermines confidence in law enforcement and the judiciary.
- India is proud of its diversity. Mob lynchings based on caste, religion, or ethnicity tear apart this social fabric, creating hostility and mistrust between communities.
- Violence could deter investment and tourism, damaging the economy. For example, security concerns have affected leather and meat exports.
- The fear of mob violence can hamper freedom of speech and expression. People may hesitate to express unpopular opinions or challenge the status quo.
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Legal mechanism in India against mob lynching
There is no specific law against mob lynching in the Indian legal framework. The existing laws provide several provisions that authorities can invoke against perpetrators of mob lynching:
Law | Section | Details | Punishment |
Indian Penal Code, 1860 | Section 302 | Murder | Death or life imprisonment |
Section 307 | Attempt to murder | Up to 10 years imprisonment, or fine, or both | |
Section 323 | Voluntarily causing hurt | Up to 1 year imprisonment, or fine of ₹1,000, or both | |
Section 153A | Promoting enmity between different groups on grounds of religion, race, caste, etc. | Up to 3 years imprisonment, or fine, or both | |
Section 295A | Deliberate and malicious acts, intended to outrage the religious feelings of any class by insulting its religion or religious beliefs | Up to 3 years imprisonment, or fine, or both | |
Section 34 | Acts done by several persons in furtherance of common intention | Same as for the actual offense | |
Sections 141-149 | Unlawful assembly, rioting, etc. | Varying imprisonment terms up to 3 years, or fine, or both | |
Code of Criminal Procedure, 1973 | Section 149 | Police to prevent cognizable offenses | – |
Section 150 | Information of design to commit cognizable offences | – | |
Section 154 | Police officers’ power to investigate cognizable offenses | – |
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Solutions to Mob Lynching in India
- India needs a central law against mob lynching with clear definitions and stringent penalties. It deters criminals and ensures speedy justice for victims.
- Police must respond quickly to rumors and misinformation that could incite violence.
- Building trust between police and communities is important. Regular interactions and outreach programs can foster collaboration and prevent escalation.
- It is important to educate the public about the dangers of mob mentality and the importance of due process. Campaigns should use media, schools, and community events.
- Fake news and inflammatory content on social media can promote mob violence. Platforms need strict rules to curb hate speech and misinformation.
- Establishing fast-track courts for mob lynching cases ensures speedy trials and discourages violence as a solution.
- Victims and their families need immediate assistance, including compensation, rehabilitation, and witness protection.
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Supreme Court Issues Guidelines for States
In a strong move to curb mob lynching, the Supreme Court in 2018 issued comprehensive guidelines for all states and union territories (UTs) in India.
- Each district will have a senior police officer (Superintendent of Police rank) designated as a nodal officer. They will be responsible for preventing mob violence and lynching, with support from a Deputy Superintendent of Police.
- States will set up special task forces to gather intelligence on potential perpetrators and those involved in hate speech, inflammatory statements, and spreading fake news.
- Home Department Secretaries will issue directives to ensure police station officers are extra vigilant in their jurisdictions.
- The police director general will issue guidelines for intensified patrolling in areas with a history of mob lynchings.
- State governments will launch public awareness campaigns through radio, television, and other media platforms to educate the public about the dangers of mob lynching and the importance of upholding the rule of law.
- Law enforcement agencies will actively monitor social media platforms and take action under the Information Technology Act, of 2000, and other relevant laws to stop the dissemination of information likely to trigger mob violence and lynching.
- In case of a lynching, the local police station must immediately register an FIR (First Information Report) under relevant Indian Penal Code (IPC) provisions and inform the district nodal officer. The nodal officer will intervene to stop any further harassment of the victim’s family.
- State governments will develop a victim compensation scheme aligned with Section 357A of the CrPC (Code of Criminal Procedure).
- State governments and police officers who fail to comply with these guidelines or hinder the swift investigation and trial of mob lynching cases will face appropriate action for negligence and misconduct.
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FAQs
What is a lynch mob mentality?
Lynch’s mob mentality describes a group filled with anger. They want to punish anyone for any crime, real or imaginary, without trial. They act as judge, jury, and executioner. This mob justice ignores facts and due process.
Charles Lynch likely inspired the term “lynching.” During the American Revolution, he led a vigilante court, but there’s no evidence he used violence himself.
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What is Lynch’s law?
Lynch leaves the law trial. A crowd acts as judge, jury, and executioner. They violently punish anyone suspected of a crime, often without due process of law.
Is flash mob legal in India?
Flash mobs are a gray area in India. Generally, brief, peaceful demonstrations in public are fine. But disrupting traffic or creating a nuisance may get you in trouble with the police. It is best to check with local authorities beforehand.
What is the difference between mob and mob violence?
The crowd is a large, unruly group. Mob violence occurs when a group commits a violent act. Not all mobs are violent, but when a mob acts out of anger or rage, violence erupts.
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