Supreme Court of India Issues Landmark Directives to Curb Mob Lynching and Vigilantism

Court underscores supremacy of law, mandates preventive, remedial, and punitive measures, and calls for a separate law against lynching to protect constitutional rights and social harmony.

In a significant judgment delivered on July 17, 2018, a three-judge bench of the Supreme Court of India, led by Chief Justice Dipak Misra, addressed the alarming rise in incidents of mob lynching and vigilante violence across the country. The judgment in the case of Tehseen S. Poonawalla v. Union of India and others emphatically reaffirmed the primacy of the rule of law and the constitutional guarantee of the right to life and dignity under Article 21 of the Indian Constitution.

The Court highlighted that no individual or group has the authority to take law into their own hands, no matter the purported reason, and stressed that lawful procedures must be followed for investigation, trial, and punishment. Lynching and mob violence were described as affronts to the constitutional order and social fabric that threaten to corrode the nation’s democratic ethos.

Recognizing the grave threat posed by extrajudicial violence, the Supreme Court issued detailed guidelines that the Union and State Governments must implement immediately. These guidelines encompass preventive, remedial, and punitive measures to be adopted across all districts:

1. Preventive Measures:

 - Appointment of a senior police officer (not below Superintendent of Police) as a Nodal Officer in each district to monitor and prevent mob violence.

 - Identification of districts and areas prone to lynching and vigilantism for focused patrolling and intelligence gathering.

 - Regular meetings involving intelligence units and police officers to curb hate speech, fake news, and inflammatory content on social media.

 - Enhanced patrolling, especially on highways, to prevent illegal acts by cow protection groups or other vigilantes.

 - Awareness campaigns by Central and State Governments warning against mob violence and the consequences under law.

2. Remedial Measures:

 - Immediate registration of FIRs upon any incident of mob violence or lynching without delay.

 - Protection and timely support to victims or their families, including compensation schemes covering bodily and psychological injury as well as legal aid.

 - Designation of fast-track courts to ensure expeditious trial, preferably concluding within six months.

 - Courts to award maximum sentences as per law on conviction and protect witnesses’ identities.

3. Punitive Measures:

 - Strict disciplinary and departmental action against police or administrative officers who fail to prevent or promptly prosecute such crimes, with a directive for such action to be completed preferably within six months.

 - Holding law enforcement accountable to ensure no negligence or misconduct in addressing mob violence.

The Court also underscored the importance of fostering social harmony and unity in diversity, emphasizing that intolerance and hate crimes threaten the democratic and secular fabric of India. It quoted international jurisprudence to condemn lynching as a form of lawlessness that undermines state authority and citizens’ rights.

Further, the Supreme Court recommended that Parliament enact a specific law criminalizing lynching with adequate punishment. Such a statute, the Court reasoned, would instill fear of law among perpetrators and serve as a deterrent to extrajudicial violence.

The judgment was passed in response to writ petitions seeking urgent intervention against cow vigilante violence and mob lynching incidents that have scarred several states including Maharashtra, Gujarat, Rajasthan, Uttar Pradesh, and others. The Court took note of affidavits filed by various States detailing measures taken such as nominating Nodal Officers, patrolling sensitive areas, and initiating prosecutions.

This ruling marks a pivotal moment in India’s effort to confront the menace of mob violence by reaffirming constitutional values, mandating proactive State action, and holding law enforcement accountable. The Court’s directions aim to restore faith in legal processes and ensure that no one is allowed to usurp the role of the law.

The matter is scheduled for further hearing on August 20, 2018, to review compliance and consider additional directions.

Statutory provisions

Article 21 of the Constitution of India, Article 32 of the Constitution of India, Article 256 of the Constitution of India, Article 257 of the Constitution of India, Sections 129, 153A, 295A, 357A, 41, 41A of the Code of Criminal Procedure, 1973, Indian Penal Code provisions related to mob violence and lynching.

Tehseen S. Poonawalla v. Union of India (SC) : Law Finder Doc Id # 1101572