JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 16, 2020 MOB LYNCHING AS REPERCUSSIONS OF HATE 1Neha, 2Dr. Radhika Dev Varma Arora 1Postgraduate Student, LL.M., University Institute of Legal Studies Chandigarh University. 2Associate Professor, Chandigarh University (UILS). Abstract “There has been observed a high level of increase in Mob Lynching in India. However, Lynching isn't characterized under the Indian Legal System and there are no punishments regarding the same. The word lynch was observed during the American Revolution. In India lynching was first seen in the Khairlanji Massacre in the year 2006. Since the year 2017 there have been an absolute number of 8 situations where 5 cases happened as of the month of June. Lynching is a genuine wrongdoing and a culpable offense and it ought to be incorporated under different offenses given in the Indian Penal Code. There must exist several programmes with the goal to spread awareness among the individuals regarding lynching as a genuine offense and not to participate or promote the same. It is considered to be the obligation of the Government to punish those who do this wrong as a layman ought to not take the law into his hands. Mob Lynching is an unpalatable slur on our legitimate framework. It originates from the unreasonable idea of vigilantism and prompts anarchy. Such excrescence should be constraint with the help of an iron hand. As it is very well known that the law of any country is the mightiest sovereign in that civilized society. The majesty of law can't be contaminated essentially on the grounds that an individual or a gathering of such people produce the mentality that they have been enabled or empowered by the standards set out in law to take its control over its requirement, that is, take the law into their own hands and then become law unto themselves and punish the violator on their own suspicion and in the way and manner which they might consider to be fit.” Introduction Mob lynching is considered as a term used to depict the demonstrations of a targeted violence by an enormous gathering of various individuals. The mob considers themselves to be in a position to punish a person for doing something that they believe is wrong which does not necessarily have to be illegal. They therefore take the law into their own hands and refuse to comply to any rules or laws. Appropriately alluded to by the Supreme Court as an “horrendous act of mobocracy”, mob lynching’s have an aim or a motive and a pattern of doing the act. Most commonly it has been observed that it is the honest individuals that are focused at or targeted based on various rumour, deception and any such suspicion or doubt.1Lynching has been another movement all across India. There have been various cases with respect to lynching in our country. Numerous innocent persons have been ruthlessly tormented and some even lost their lives. “In India the lynching is an expansion that shows an abnormal uncouth conduct of Human during the twentieth century.” Lynching includes injury or murder of an individual who is considered to be a lawbreaker or blamed for a certain wrongdoing against the respective society or community whether the act is illegal or not. Probably the most interesting explanation behind lynching today is cow slaughter, cattle smuggling and the consumption of beef. Whoever has spread the belief system that India has a place with Hindus as Hindus are a dominant part in India and the cows are our sacred creature and any sort of abuse towards cow is a wrongdoing against Hindus, they ought to be considered as enemies of the nation as they are the ones spreading despise discourse against another religion or community. The ideology of Hindutva inside their Hindu community is adequate as well as acceptable whereas one can't drive Hindutva all over India as it confines an individual's opportunity or freedom to rehearse its own religion as mentioned under the Constitution and furthermore is a kind of segregation towards the minority on the grounds of religion, race, caste, and so on is also been considered under the Indian Constitution. India is a country of millions of people who believe and practice various religions. It is known that Hinduism is the most practiced religion all over India a but it is ought to be recollected that all the states combined forms India and not all states are Hindu dominant. Compelling the belief system of Hindutva everywhere throughout of India can even lead to a Civil war all across the country.2 Mob Lynching in India 1 Mob lynching- A desecration of the ‘Rule of Law’, India, available at : https://timesofindia.indiatimes.com/blogs/legally-speaking/mob-lynching-a- desecration-of-the-rule-of-law/ ( Aug 09, 2020). 2 Arnold HT Sangma, “Mob lynching: An uprising offence needed to be strenuous under the Indian legal system”,2 IJARD 31(2017). 3045 JOURNAL OF CRITICAL REVIEWS ISSN- 2394-5125 VOL 7, ISSUE 16, 2020 India has observed a rise in the cases identifying with lynching all across the country. Times when the individuals decide to take the law upon themselves in their own hands, it tends to get dangerous and risky for the convicted person who is in danger of their lives. There exists no agreement on what the specific meaning of such violations or crimes ought to be. However, what is by all accounts evident is that this wrongdoing excessively influences minimized gatherings that have verifiably confronted segregation and discrimination. The reason or explanation behind a mob lynching cannot be particularly expressed, however it is known that the person so convicted has committed a certain crime or a wrongdoing towards that respective community or society harming them believes as well as sentiments and where there may not be any action taken by the government or the concerned administration which hence drives the individuals to bring law into their own hands. For the most of the cases it has been observed that the survivors of Lynch in India are those who belong to the minorities group of that specific area, for example, Dalit’s and Muslims. There are numerous situations where we watch a Muslim being lynched in India. A portion of the uprising explanations behind mob lynching are the least difficult reasons which could have been fathomed in a way without violence. We ought to recall that India is a secular country, even despite the fact that Hindus are the majority residents of India, the basic rights of an individual does not limit only to the Hindus. Muslims and Hindus also have contributed similarly and battled equally for the Independence of the country. In a chronicled view, we would likewise see that in general among the populace Hindus half majority of the place but however even though Hindus dominate most of the greater parts inside of a state, it can also be seen that the Hindus are moreover minors in certain states. It must be remembered that Muslims, Hindus, Jains, Sikhs, Parsis, Buddhists and Christians all together joined leads to the creation of the Incredible India. Thus, all Indians ought to be considered as our brothers and sisters and we ought to not cause any abhor wrongdoings, for example, lynching against any minorities and should rather secure one another. Reasons for Mob Lynching Impunity - A mob lynching does not consist of a certain face or person, in this way it gets extremely difficult to fix responsibility or accountability on any person and bring the perpetrators into hold. Situations where and individual demonstrates an act, there exists an awareness of a sense of responsibility and accountability, yet in a mob, there is a scattering of obligation as well as guilt. Increasing Xenophobia - Sub-national or provincial xenophobia has prompted many mob lynching’s wherein casualties were either tourists or strangers to a specific area in doubt of a child lifters, abusers etc. Feeble and Delayed Justice Delivery – Only if the justice framework in our nation had been productive and compelling individuals looking for equity would not have had taken the law into their own hands. For instance, a few assaults charged have been lynched in the past for example in Himachal Pradesh and Assam. Poor Law and Order - The failure to implement lawfulness has an immediate appearance as mob brutality. This additionally brings about low conviction rates in this way boosting such acts further. Fake News – Due to the expanded or increased role of the social media, news that may be fake or of hate lead to directly affect the mind of an individual particularly when the pace of viable education is low. As per the India Spend report, 77% of mob assaults are credited to such fake as well as hate news. Prejudice against certain castes and communities - There has been a remarkable flood in the quantity of lynching and despise wrongdoings in cow related cases and a large portion of the casualties are seen from the communities of the Muslim and Dalit. Increasing Superstitions - About 2000 ladies have been murdered by mobs between 2000-2012 out of 12 states all across the country on the reason being that there existed an amount of suspicion that these females had indulged in some kind of witchcraft activity.3 Political Instigation - Behind the conditions of the present fraught, is the disintegration in the gauge of certain government officials or politicians whose solitary goal is to stay in power regardless of whether it implies bowing the 3 Supreme Court order on mob lynching strong, but new law will be useless unless existing rules are enforced, India, available at : https://www.firstpost.com/india/supreme-courts-order-on-mob-lynching-is-strong-but-new-law-will-be-useless-as-long-as-existing-rules-arent- implemented-4759151.html ( August 8, 2020).